Terms Of Service

These are the Webhosting Terms of Service of Totem Webcasters Internet Services (TheIamNation). All webhosting clients of TheIamNation agree to abide by these policies. TheIamNation reserves the right to change and update these policies as it deems necessary.

Access to the network and services of TheIamNation, granted to the undersigned (the Customer) is subject to the following terms and conditions:

1. TheIamNation's Liability

TheIamNation.com (TheIamNation) makes no warranties of any kind, expressed or implied, for the service it is providing. TheIamNation also disclaims any warranty of merchantability or fitness for a particular purpose. TheIamNation will not be responsible for any damages the Customer may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of the Customer or of TheIamNation, errors or omissions, or due to inadvertent release or disclosure of information sent by the Customer.

2. Content and Acceptable Use

TheIamNation exercises no control over, and cannot be held liable for, the content of the information passed through its network. TheIamNation's services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or the Customer's business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless TheIamNation from any claims (including TheIamNation's attorney fees) resulting from the Customer's use of service which damages the Customer, or any other party or parties. The Customer also agrees to follow the Acceptable Use Policies (AUP) of TheIamNation, as now in existence and as they may be amended from time to time, displayed prominently in electronic form at this link, and incorporated herein by reference as if reprinted in full. The customer agrees, when accessing another network through TheIamNation's network, to abide by the rules of that network as well.

3. Payment and Contingencies

Payment is due by the date indicated on the invoice. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE MUST BE SET FORTH IN WRITING AND SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF THEIAMNATION. Accounts are in default if not received by the due date indicated on the invoice. If the Customer fails to make payment by the date indicated on the invoice, or if payment is returned to TheIamNation unpaid, Customer is immediately in default and subject to a returned payment charge of $50 dollars from TheIamNation. Accounts unpaid after the due date indicated on the invoice may have their service interrupted. Such interruptions do not relieve the Customer from the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5 percent per month, or the Customer's state's or country's legal maximum allowable rate, whichever is less. If the Customer defaults, the Customer agrees to pay TheIamNation its reasonable expenses incurred in enforcing its rights under these terms and conditions, including attorney and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.

4. Other Agreements and Assignment Rights

These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. TheIamNation also reserves the right to use subcontractors of its choice or to assign the active account to another entity.

5. Determination of Outage Credits

An "outage" is defined as a disruption of normal network data throughput capacities, outside of reasonable and expected variances. An outage, for the purposes of "outage credits," may not include:
a. Normal periodic but scheduled maintenance time performed by TheIamNation for the purposes of upgrading or maintaining its network.
b. Internet or network problems external to TheIamNation's network and beyond its direct control.
c. Issues related to specific Internet Service Providers, Network Access Points (NAPs) or Internet Routes. These will be dealt with through the normal TheIamNation's troubleshooting process and handled on an individual basis.
The Customer will pay 100 percent of the full monthly connection fee regardless of any "outage" time, unless the outage time meets the following criteria. If there is more than thirty (30) consecutive minutes of outage, or a total of sixty (60) minutes of outage time on any given day, the Customer will receive a credit on the Customer's bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred.

6. Service Maintenance

a. Except as otherwise agreed, TheIamNation shall exercise reasonable efforts to achieve restoration of service, in the case of an outage as above defined, as quickly as is feasible, provided the Customer expressly acknowledges that TheIamNation is not, in the case of any outage of any length, liable for any restitution to the customer beyond the granting of outage credits as delineated above. If TheIamNation investigates an outage at the Customer's request and determines the outage to be the responsibility of the Customer, the Customer may be billed for TheIamNation's employee(s)' time at TheIamNation's then-current rate.
b. TheIamNation will provide an Operations Center (OC) responsible for monitoring TheIamNation's network on a 24-hour-per-day, 7-day-per-week basis. The services provided to the Customer by the OC or any other TheIamNation employee are subject to change at TheIamNation's discretion and without prior notice. Services provided by the OC or any other TheIamNation employee outside of their standard duties may be billed to the Customer at TheIamNation's then-current rate. No TheIamNation employee will perform services requiring billing beyond the monthly rate stipulated in the Customer's Service Agreement without the request or consent of the Customer or the Customer's authorized representative(s).
c. The Customer explicitly agrees that TheIamNation may, without prior Customer approval, use any subcontractor that it chooses for installation, maintenance or other services under obligation to TheIamNation under this agreement. Use of any subcontractor does not relieve TheIamNation of any of its obligations as set forth in this Agreement.

7. No Liability or Right to Cancel for Acts or Omissions Beyond TheIamNation's Control

TheIamNation shall not be liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over TheIamNation, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

8. Cancellation Procedures for Customers Within Right to Cancel

Customer explicitly agrees that while Customer has an active contract with TheIamNation, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing TheIamNation thirty (30) days' written notice of service termination. Customer may provide this notice up to thirty (30) days prior to contract termination if Customer wishes to discontinue service when Customer's contract lapses. Without notice, TheIamNation will consider Customer to be on a month-to-month contract extension.
Questions about these Terms and Conditions or other account matters should be directed to adminassistant at theiamnation dot com via electronic mail, or to the Client's Authorized TheIamNation Account Manager.