iholytech
General Terms And Conditions
User Agreement

Policies


Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements.Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.


Eligibility; Registration and Account Security.

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to iholytech, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account. You acknowledge and accept that despite the security measures IHolyTech takes in connection with the Services, IHolyTech t’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, IHolyTech may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that iholytech shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.

Dedicated servers

iholytech reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. iholytech reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.

HIPAA Disclaimer.

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Bluehost does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. iholytech does not sign “Business Associate Agreements,” and you agree that Bluehost is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.

Prohibited Persons (Countries, Regions, Entities, and Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Bluehost also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

iHolyTech Content.

Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “iholytech Content”), are the property of iholytech or its licensors. No Bluehost Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any iholytech Content. Any use of the Bluehost Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the iholytech Content granted herein. All rights of Bluehost or its licensors that are not expressly granted in this Agreement are reserved to iholytech and its licensors.

Acceptable Use Policy

Failure to respond to a communication from our abuse department within the specified time period in our communication to you may result in the suspension or termination of the Services.

You may not directly or indirectly use the Services in connection with any of the following, as determined in iholytech’s sole discretion:


Prohibited Use or Content

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject iholytech to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP: Disclosing sensitive personal information about others; Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”); Phishing or engaging in identity theft; Distributing computer viruses, worms, Trojan horses or other malicious code; Promoting or facilitating prostitution or sex trafficking; Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices; Hosting, distributing or linking to child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children) or content that is harmful to minors; Distributing pornography or adult related content or offering any escort services; Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription); Gambling or selling weapons or ammunition; Promoting or facilitating violence or terrorist activities; or Infringing the intellectual property or other proprietary rights of others.


Excessive Use of Resources or Network Abuse

You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation: Hosting or linking to an anonymous proxy server; Operating a file sharing site; Scripts or processes that adversely impact our systems; or Utilizing software that interfaces with an Internet Relay Chat (IRC) network.


Unauthorized System Access

You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation: Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures; Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks); Intercepting or monitoring data without permission; or Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of iholytech’s website or servers for any unauthorized purpose.


Storage of Backups

You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Bluehost reserves the right to remove backups from your hosting account with or without notice.


Zero Tolerance Spam Policy

Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated. Forging or misrepresenting message headers is prohibited. Websites advertised via spam (i.e. “Spamvertised”) may not be hosted on our servers. You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”). You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam. .

Enforcement

Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account. Bluehost reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Bluehost or the Services, as determined in Bluehost’s sole discretion. Violations will be reported to law enforcement as determined by iholytech in its sole discretion. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services. Websites hosted on Bluehost’s servers in the U.S. are generally governed by U.S. law. As a web host, iholytech is not the publisher of user generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Bluehost’s sole discretion, orders material to be removed, iholytech will disable access to such material. Notwithstanding the foregoing, iholytech users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. iholytech reserves the right to take local legal considerations into account and to respond accordingly iniholytech’s sole discretion. Enforcement of this AUP is at iholytech’s sole discretion.

Reporting Violations

To report a violation of iHolyTecht’s AUP, please email [email protected] To report an infringement of intellectual property or other proprietary rights, please email [email protected]

Anti-spam Policy

Anti-spam Policy iholytech maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not: Use or contain invalid or forged headers Use or contain invalid or non-existent domain names Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path Use other means of deceptive addressing Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party Contain false or misleading information in the subject line or otherwise contain false or misleading content Fail to comply with additional technical standards described below Otherwise violate iholytech’s User Agreement, AUP and other Terms of Service iholytech does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Bluehost does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are iholytech’s confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service. Bluehost does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any iholytech product or service. We monitor for SPAM all traffic to and from our servers. Customers suspected of using Bluehost’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Bluehost’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM. Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. iholytech may consider the lack of such proof of explicit affirmative permission of a questionable mailing. Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Subscribers are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services. It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use iholytech systems, networks or resources. E-mail not in compliance with this policy – regardless of source – which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Bluehost is prohibited. If iholytech believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. iholytechmay immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy. iholytech reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Bluehost’s sole judgment, which could disrupt Bluehost’s business operations, Bluehost reserves the right to charge such Customer an administrative fee equal to $100.00 per each


USER GENERATED CONTENT TERMS AND CONDITIONS

These User Generated Content Terms and Conditions (“Terms” or “Agreement”) describes the terms and conditions under which iHolyTech, Inc. and its parent or affiliates (hereinafter referred to as “we”, “us”, or “our”) may use the content created and publicly posted by you to social media (“Content”), including but not limited to Facebook, Instagram, Twitter, Tumblr, or Pinterest (hereinafter referred to as “Social Media”). We’ve reached out to you to get your permission to use this Content pursuant to the terms of this Agreement. The term “Parties” shall mean both you and us. We just need you to confirm a few things before we use your Content: Please respond to the message we sent you or the comment we left for you on Social Media in any affirmative manner, including a reply with the hashtag that was included in our message or comment. If your Content is selected by us, it may be displayed or appear on our website or other marketing, advertising, or promotional material in accordance with our Privacy Notice located here: https://www.endurance.com/privacy/privacy. You hereby represent and warrant to us that: You are eighteen (18) years of age or older; You have full control and authority to agree to these Terms; You have read and agree to these Terms; The Content is your original creation and you own or otherwise control the rights to it; You did not take the Content from another website, social media post, or anywhere else; The Content does not violate the rights of any person, entity, or applicable law; The Content does not contain anything illegal or offensive; Our use of your Content pursuant to these Terms will not now nor in the future require any payment to any person or entity; You agree that we are not obligated to use the Content and that we may use and/or remove the Content in our sole discretion; Use of the Content does not imply or create any affiliation with or endorsement of you or your Social Media profile; Our use of the Content does not require a license, authorization, or consent by any other person or entity, including from any person or entity that may appear in the Content; Your Content does not infringe the rights of any third parties, including, but not limited to, intellectual property, copyrights, trademarks, publicity, privacy, patents, or trade secrets; and You consent to our collection of any personal data you provide to us in connection with the use of your Content. If you do not agree to the collection, use and disclosure of your personal information in accordance with our Privacy Notice, please do not provide us with personal information or agree to these terms.


Using your Content

You hereby grant to us an unlimited, non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Content in whole or in part, along with the right to use your name and any other type of identifying information, including but not limited to any Social Media handle, profile picture, image, likeness, posts, statements or other information provided by you, in any form, media, or technology, whether currently known or hereafter developed in connection with the terms of this Agreement.


Indemnification

You shall be liable for and agree to indemnify us against any and all claims, causes of action, damages, or expenses that are incurred by us to the extent caused by your breach of this Agreement or any breach by you of your obligations or warranties set forth under this Agreement.

Limitation of Liability

You acknowledge and agree that we are not responsible for, and have no liability for any use of your Content. You agree to hold us harmless and release us, along with our respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action that you or any persons acting on your behalf may have, whether now or in the future, relating to the use of your Content, including without limitation, any claims of defamation, invasion of privacy, rights of publicity, copyright, or any other type of claim at law or in equity.

Miscellaneous

This Agreement constitutes the entire agreement between the Parties and these terms shall supersede any prior agreement whether written or oral. Any failure on our part to exercise or delay any rights or remedy under this Agreement shall not waive that right or remedy hereunder. This Agreement is governed by the laws of the State of Utah. If any provision is found to be unenforceable, such provision will be limited to the minimum extent necessary so that the remaining terms remain in full force and effect. We reserve the right to alter these terms without advance notice by posting revised Terms. Accordingly, you should review the current Terms each time you grant permission or authorization to us to feature your Content.

Ownership Changes and Disputes

If a person contacts iholytech and claims that he or she is entitled to access to an account, website, or domain registered with iholytech or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), iholytech will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information, such as a bank statement displaying the payment & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said payment medium (mandatory). Otherwise, iholytech will not give access and control to a claimant unless iholytech is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring iholytech to give such access and control to said claimant or unless there is submitted to iholytech at [email protected] a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of iholytech or of its affiliates shall not be deemed effective to give notice to iholytech or its affiliates of any changes in said access or control. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against iholytech arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases iholytech from all liability and all claims for damages or any other liability whatsoever that may arise out of Bluehost’s following said policy and procedure.


Transfer of Ownership

iholytech is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with iholytech or its affiliates. By accessing iholytech’s system, registering, or using any of the services provided by iholytech, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with iholytech or any of its affiliates are subject to the terms and conditions of this section of these Terms. iholytech will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with iholytech or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager ( [email protected]) a written statement (in a form acceptable to iholytech or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) iholytech is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring Bluehost (or affiliate) to transfer such ownership to said claimant. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Bluehost; and, further, that any other changes made directly by Subscriber or by others within the online records of Bluehost or of its affiliates shall not be deemed effective to give notice to iholytech or its affiliates of any changes in said ownership.


Access and Control Policy

When a new account or domain, as applicable, is registered with or transferred to iholytech or with one of its affiliates, the process requires and results in the creation of the following within the records of iholytech, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.