Terms of Service

By using our web hosting services, you agree to comply with this Policy. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegal activities in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other activities prohibited by state and federal law.
Any and all services provided by INSOMNIA may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any US Federal, State and/or City law, is prohibited. Any data that violates international laws is forbidden as well. All content that we judge threatening or obscene, and/or material protected by trade secret and other statute can and will be reviewed by INSOMNIA. We can delete any material that falls into any of the above categories, without prior warning.
We are the sole arbiters as to what constitutes a violation of this provision, provided that all such determinations shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community. You will be notified and given the opportunity to remove (censor) the material we'll point out, immediately. If INSOMNIA contacts you more than 2 times about a violation, your account will be discontinued with no refund. INSOMNIA reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if INSOMNIA believes that customer conduct violates applicable law or is harmful to the interests of INSOMNIA.

Unacceptable Content

INSOMNIA forbids any material listed below to be stored on our servers. This includes links or any material referring to the following:

Pirated software (illegal duplication, distribution of licensed software)
Hacker's material
Warez Sites (Cracks to licensed software for example)
Illegal audio/video (illegal mp3s, illegal recorded samples)

Network and Server Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Any attempts to undermine or cause harm to a INSOMNIA server, customer of INSOMNIA or servers outside INSOMNIA is strictly prohibited, and is followed by an account deactivation with no refund.

Server Resources

It is a violation for anyone to post information or to include programs on our servers that consume undue server system resources. INSOMNIA reserves the right to terminate any running software processes that are overloading or heavily slowing down a server.

We do not allow operation of any type of proxies, IRC or IRC bots on our servers.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

It is contrary to INSOMNIA policy for customers to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a INSOMNIA provided server, or using a INSOMNIA provided server as a maildrop for responses;
To falsify user information provided to INSOMNIA or to other users of the service in connection with use of a INSOMNIA service.

We react quickly and seriously to violations, and we further reserve the right to terminate without refund, the network services of any customer willfully disregarding this policy.

Consequences of Violation

When INSOMNIA becomes aware of an alleged violation of its Acceptable Use Policy, INSOMNIAwill initiate an investigation. During the investigation INSOMNIA may restrict Customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, INSOMNIA may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, INSOMNIA will notify the appropriate law enforcement department of such violation.

Refund Policy

INSOMNIA does not issue service credits for any outages incurred through service disablement resulting from Policy violations. In the event the customer has agreed to an annual contract in exchange for a discount of setup fees or ongoing fees, no refund will be offered if cancelled prior to the end of the contract date. Notification of the cancellation of your account must be received before your next billing cycle. Please submit your cancellation request through our Help Desk. Provide your username and password so we can validate that an authorized individual made the cancellation request. Please be sure to remove any data you want to retain, since all data will be lost once the account is cancelled.

Drop us a line if you have any questions.