Please direct all legal correspondence to the following:
indieTown.com
C/O: CV. Jaya Mayantara
Jl. Puncak Jaya 11
Malang 65146 Indonesia
(341) 997-5558 Phone
This Master Service Agreement (”MSA”) shall constitute a binding contractual agreement between indieTown (”indieTown”) and the subscriber of services (”Customer”). The MSA shall include the Terms of Service (”TOS”), Acceptable Use Policy (”AUP”), Service Level Agreement (”SLA”), and Privacy Agreement (”PA”). Customer agrees to be bound to all agreements in this MSA.
Note: indieTown reserves the right to supplement and/or amend, at any time, the terms and conditions of its MSA, including the TOS, AUP, SLA, and PA, in whole or in part, without prior notice to the Customer. It is the Customer’s responsibility to obtain the latest available version of the MSA from the indieTown website. The customer understands that modification to this MSA shall NOT be grounds for early contract termination or non-payment. The Customer also acknowledges that the MSA in place during your most current month applies, not the MSA which was in place when you registered. Changes requested by Customer to any of these agreements or to the MSA must be agreed to in writing by indieTown.
Terms of Service (”TOS”)
General Statement: indieTown agrees to furnish hosting services to the Customer subject to the following TOS and AUP. Use of indieTown’s services constitutes your acceptance and agreement to the TOS. All provisions of this contract are subject to the TOS and AUP.
Definition of Terms: All hosting services provided by indieTown are considered Virtual Private Server (”VPS”) instances. All administrative services provided by indieTown are considered Server Management and Administration (”SMA”) services. All monitoring services provided by indieTown will be considered Server Monitoring (”SM”) services. All Customers, regardless of product type and/or product line, are subject to the same TOS and all clauses within the TOS, unless otherwise noted.
Customer agrees to the following:
1) Invoicing and Payment: Customer invoices are generated seven (7) days prior to the payment due date. Invoices are expected to be paid on or before the payment due date of the generated invoice. There is a five (5) day grace period for payment to be remitted after the due date, after which your account will be suspended and/or terminated according to §1.7 of this TOS.
2) Currency and Conversion: All currency and prices are noted in United States Dollars (”USD”). Currency conversion is performed by a third-party payment gateway or banking institution based on the most current currency conversion rates available at the time of payment. indieTown is not responsible for invalid or incorrect currency conversion performed by third-parties such as PayPal or your card-issuing bank.
3) Payment Methods: indieTown accepts payments via Credit Card (Visa, Discover, and MasterCard) and PayPal. indieTown will accept wire transfer or cashier’s check in the event that the Customer’s average monthly invoice exceeds $2,500.00 USD. Payments are to be remitted in USD in accordance with §1.2 of this TOS.
4) Refunds
1. Money-Back Guarantee: We offer a three (3) day money-back guarantee period on all hosting services. At the Customer’s request, a full refund may be issued for hosting services, excluding any non-refundable fees listed in §1.4.3 Exclusions. Refunds outside the Money-Back Guarantee period may be granted or denied at indieTown’s sole discretion.
2. Multiple Refunds: To prevent abuse of our services, multiple refunds will NOT be issued. Customers may receive one (1) refund for the lifetime of their account. Additional requests for refunds will be reviewed and may be granted or denied at indieTown’s sole discretion.
3. Exclusions: indieTown resells certain products and/or services that are included and/or bundled with the products available on the website. Products or services including, but not limited to, Software licenses, IP addresses, SMA services, and SSL Certificates are considered Value Added Products, and are included in the total product cost for Customer convenience, and WILL NOT BE REFUNDED.
5) Disputes: Initiation of a formal complaint or chargeback for services from indieTown is a strict violation of this TOS. A “formal complaint” or “chargeback” shall be defined as initiation of any complaint, dispute, or chargeback with PayPal, 2CheckOut, and/or your credit card issuer. Upon receipt of a formal complaint or chargeback, indieTown will take immediate action against the offending account, including suspension or termination at our sole discretion. Furthermore, such a complaint or chargeback will result in deactivation of all services on your account whether you disputed one or all of the services on your account. Unrecovered Chargebacks will result in your account being sent to a debt collection agency within the jurisdiction of your area. You will be responsible for all debt collection fees as well as all owed fees to indieTown Internet Services.
6) Changes to Product Prices and Specifications: indieTown reserves the right to change prices and/or specifications of its products at any time. Existing Customers are eligible for an upgrade at no additional cost to a product of equal price if the product specifications change within seven (7) business days of purchase, and the modified product offers greater specifications at the same price as the Customer’s current product.
7) Failure to Pay
1. Definitions of Terms: “Grace Period” refers to the period of five (5) days past the invoice due date. “Past Due” refers to any Customer account that has an outstanding or unresolved balance greater than $0.00 USD after the invoice due date. “Late to Pay” refers to any Customer who remits payment during the five (5) day Grace Period. “Failure to Pay” refers to any Customer who has failed to remit payment on time or within the Grace Period allowed after the invoice due date.
2. Late Fees: Failure to remit payment on any invoice on or before the invoice due date specified will result in the Customer’s account being administratively marked as Past Due. A late fee of $10.00 USD or 15% of the total outstanding balance, whichever is greater, will be assessed to any invoice more than 48 hours Past Due.
3. Account Suspension: Past Due accounts will be suspended 48 hours after the invoice due. A suspended Customer account suspends ALL products and services under the account, not only the products included in an overdue invoice.
4. Account Termination: Customer accounts will be terminated 5 days after the invoice due date for Failure to Pay. The Customer acknowledges that indieTown holds no responsibility and/or liability for data loss due to account termination.
5. Scheduled Tardiness: Customers are encouraged to contact our Billing department to notify us ahead of time that they may be Late to Pay. At indieTown’s sole discretion, we may grant the Customer an extension of up to fourteen (14) days on one (1) invoice. indieTown will limit total scheduled tardiness to fourteen (14) days per calendar year to avoid abuse. indieTown reserves the right to deny a Scheduled Tardiness request.
8) Service Cancellation: A Customer may cancel any product or service at any time by logging into their Customer account and navigating to the appropriate Cancelation links provided. Cancellations MUST be filed 48 hours before the invoice due date to avoid payment liability for the next calendar month.
Cancellations filed after48 hours before the invoice due date will be applied to the month after the next calendar month. The customer assumes responsibility for payment of the next month’s due invoice. Failure to Pay next month’s invoice will be handled according to §1.7 of this TOS.
9) Service Credit
1. Network Outage: indieTown will provide an account credit of 5% per 30 minutes of continuous downtime beyond the first 30 minutes of continuous downtime, up to 20% your total monthly invoice and/or no greater than $5000 per invoice period.
2. Server Outage: indieTown will provide an account credit of 5% per 1 hour of continuous downtime beyond the first hour of continuous downtime, up to 80% your total monthly invoice and/or no greater than $5000 per invoice period
3. General Dissatisfaction: indieTown may, at its sole discretion, refund the lesser of 100% of the current invoice period OR up to one month of service for overall dissatisfaction with products and/or services rendered.
1) General Statement: indieTown is committed to providing our Customers with the resources and tools necessary to maximize their experience with our products and services. All Support Resources, including but not limited to: Live Chat, Support Desk, and Knowledgebase (”Resources”) are provided as a convenience to the Customer.
2) Documentation: indieTown may make available to the Customer, documentation in relation to product usage and specifications from time to time on the indieTown Websites (”Documentation”). You may use such Documentation for non-commercial or personal use only and for purposes the product or service the Documentation pertains to. Documentation published on indieTown Websites may include typographical errors. Changes are periodically added to the information herein. indieTown only maintains the most updated version of any documentation on the Cub Uptime Websites. As indieTown does provide products and services that differ slightly in their specifications, there may be separate documentation for products and services that differ only slightly. The Customer is responsible to ascertain at all times that you are using the correct version of the documentation.
indieTown MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTATION AND RESOURCES PUBLISHED OR TRANSMITTED ON indieTown WEBSITES FOR ANY PURPOSE. ALL SUCH DOCUMENTATION AND RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. indieTown HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE DOCUMENTATION AND RESOURCES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL indieTown BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION CONTAINED IN THE DOCUMENTATION AND RESOURCES PROVIDED.
3) Availability: indieTown offers several methods of support and communication for our Customers. indieTown’s Phone and Live Chat Support are offered Monday through Friday, 10am-10pm EST. indieTown’s Support Desk and ticket-based communications are offered 24 hours a day, 7 days a week, 365 days a year. Customers may request support anytime support is available. indieTown will respond to support requests according to the product SLA.
4) Requesting Support: Technical Support may be requested through the following listed methods. Any methods of support not listed below are unofficial, and indieTown may refuse to provide any support outside of the below options. Contacting individual indieTown staff members for support outside of the below methods is considered a gross violation of this contract.
1. Support Ticket: Via the support center location within your Customer Account.
2. Live Chat: Via links on all indieTown website pages.
3. Telephone Support : Toll Free: 877-248-4401
5) Service Level Agreement: indieTown agrees to provide technical support according to the product SLA. Support requests made by third-parties not guaranteed technical support.
1. Managed Services: Managed services have a one-hour initial response time guarantee 24/7/365 via online ticketing system. Other support methods, although available, are considered unofficial and are not guaranteed.
2. Unmanaged Services: Unmanaged services have a four-hour initial response time guarantee 24/7/365 via online ticketing system. Other support methods, although available, are considered unofficial and are not guaranteed.
6) Support Boundaries: indieTown offers basic Technical Support to all its Customers. General technical support is limited to the core operations of indieTown. indieTown representatives are not required to provided assistance with third-party software that has been installed by the Customer or any third-party. Unless explicitly noted in the product SLA, the Customer is responsible for all management tasks and maintenance associated with their account. indieTown is not responsible for the actions of the Customer. indieTown is neither responsible for, nor required to correct any issues that may lead to downtime or malfunction that are a result of the Customer’s actions or negligence.
7) Support Abuse: Abusing staff members verbally, in writing, or in person will not be tolerated. Any Customer found to be abusing indieTown Staff will receive up to two infraction notices within your account and a written notification of the infractions. After the first two infractions are filed, any further abuse towards staff will result in Customer accounts will be terminated, with data backups provided. No refunds are offered for account terminations resulting from Support Abuse.
1) General Statement: indieTown strives to deliver quality hosted products and IT services to all of our Customers while serving as the medium of exchange for free transmission of information. The storage, distribution, and exchange of information (”content”) are the internet’s single most valuable feature. indieTown is committed to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it.
2) Disclosure to Law Enforcement: indieTown follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The use of our products and/or services for illegal activity is strictly prohibited. The Customer agrees that indieTown may release any and all Customer account information including, but not limited to, IP address usage, account history, account use, etc. to any law enforcement providing a court order and/or subpoena in regards to the specific information or any other applicable information. The Customer further acknowledges that the indieTown is under no obligation to neither obtain permission from nor notify the Customer regarding any such disclosure.
3) Network Performance: Customers which misuse of software resources in a manner which impairs network performance is prohibited by this policy and may result in immediate account suspension or termination. You are strictly prohibited from excessive consumption of resources including CPU time, memory, disk space, and session time. You may not use resource-intensive programs which have a negative impact on other customers or the performance of our systems or networks. indieTown reserves the right to terminate or limit such activities. indieTown further reserves the right to suspend or terminate any Customer account in violation of this policy.
4) SPAM and Unsolicited Commercial e-mail: indieTown has zero-tolerance for sending Unsolicited Commercial Email (”UCE”) or SPAM over our network. This policy and its provisions are non-negotiable. Customers may not engage in or allow for others to transmit UCE. Customers may not host, or permit to be hosted, websites or information that is advertised using UCE on other networks. Violations of this policy will result in a fine of $0.25 per email and immediate account termination without refund. In order to prevent unnecessary blacklisting due to spam, indieTown reserves the right to sample bulk email being sent from our servers. Upon receipt of an alleged violation of our SPAM or UCE policy, indieTown will initiate an immediate investigation. indieTown reserves the right to suspend the account in question during such investigation to prevent further violations of this TOS.
5) Bandwidth and Disk Usage: The Customer agrees that bandwidth and disk usage shall not exceed the maximum amount of megabytes allowed in your purchased hosting package. indieTown will monitor Customer’s disk space and bandwidth usage. In the event that you exceed your maximum allowed bandwidth allotment, your account will be automatically suspended by the system until additional bandwidth is purchased, the existing plan is upgraded, or the start of a new calendar month when bandwidth is reset. When a disk space overage occurs, we will notify you via e-mail of the overage and provide you twenty-four (24) hours in which to either purchase additional disk space, upgrade the existing plan or reduce the product’s disk usage. Failure to respond to our inquiries within the time period specified will result in suspension of your account.
6) Content Restrictions: indieTown is forced to restrict certain content from being hosted on our servers to maintain our quality of service. Please refer to our Acceptable Use Policy (”AUP”) for a comprehensive list of restrictions.
7) Proxy Servers: At no time shall any Customer upload or host any proxy script or program on our servers. These programs are hardware resource intensive and can cause the server to crash. Any Customer account found hosting a proxy script or program will be suspended without notice, pending removal of the offending script. Repeat offenders may be terminated at indieTown’s sole discretion.
8) Game Server Hosting: At no time shall any Customer upload or host any game server application or program on our OpenVZ/Budget platform. These programs are very resource intensive and are likely to negatively impact the quality of service to yourself and other clients. Any Customer found hosting a Game Server application will be suspended without prior notice pending the removal of the offending application. Repeat offenders may be terminated at indieTown’s sole discretion.
9) Voice Server Hosting: At no time shall any Customer upload or host any Voice Server application that indieTown does not provide on our OpenVZ/Budget platform.. This includes applications such as TeamSpeak and Ventrillo. These programs tend to be bandwidth and processor heavy, quickly leading to bandwidth overages. Any Customer found hosting a Voice Server application will be suspended without prior notice pending the removal of the offending application. Repeat offenders may be terminated at indieTown’s sole discretion.
10) BitTorrent: indieTown strictly prohibits the use of BitTorrent on our network. Any users found utilizing the BitTorrent protocols will have their servers immediately suspended without prior notice pending the removal of the server.
11) IRC: indieTown strictly prohibits the use of IRC on our network. Any users found to be running an IRC Server will have their services suspended until the IRC server is removed. Repeat offenders risk account termination.
12) Adult Content: Adult Content is allowed provided the content follows United States Law and proper documentation and be provided upon request. Any valid claims of underage pornography will lead to immediate service termination.
13) Graphical User Interfaces: Graphical User Interfaces (GUI) are not allowed on our OpenVZ/Budget platforms. Xen-HVM and Windows platform users are allowed to have a GUI Installed and operational.
14) VPN Traffic: VPN Servers are allowed provided all other regulations outlined in this Terms of Service are followed.
The Customer agrees to and acknowledges responsibility for the content hosted on their account. Customers that resell indieTown products and/or services are responsible for not only their content, but the content of their clients and users. The Customer assumes responsibility for any loss or damages, or violation of this Terms of Service as a result of their clients and users.
Any script found to be potentially harmful to indieTown’s server must be removed. Failure to comply with a indieTown staff request for file removal may result in account suspension or termination.
All installed scripts and applications must be kept up-to-date and upgraded to the latest versions. Customers found running vulnerable versions of scripts are subject to suspension of their account to reduce the security threat to the server. Customers are responsible for monitoring and securing access to their Customer account, indieTown is not responsible for unauthorized logons, use, loss, damages or costs incurred from a compromised Customer account.
indieTown is under no duty to monitor the Customer’s activities to determine if a violation of the TOS has occurred. In the event a user is found in violation of the TOS, we reserve the right to temporarily suspend the account in question pending a user’s confirmation, in writing, to refrain from further offenses. While we make every possible attempt to contact our customers before suspending their accounts, some situations do not permit us to contact you prior to a suspension. The Customer agrees that indieTown provides notification of a violation of the TOS and/or that your account has been suspended as a courtesy to the Customer. The Customer further agrees that indieTown, at its sole discretion, may choose not to notify the Customer of violation and/or suspension.
indieTown reserves the right to suspend any account suspected to be in violation of the TOS. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated pending an investigation into the alleged violation. In the event of violation, the Customer acknowledges that no service credit will be granted for the time their accounts were suspended due to violations of the TOS. indieTown further reserves the right to terminate the Customer account set forth in this agreement in the event of a serious or repeated violation of this TOS without refund.
You must provide us with, and keep current, valid contact and client profile information including full name, mailing address, city, state, postal code, country, telephone number, and e-mail address. In addition, a valid and working contact e-mail must be set in your cPanel account. Failure to acknowledge this important policy will result in suspension or termination of your account without prior notice or refund. You can update your contact information at any time by visiting http://members.indietown.com. If for any reason we need to contact you and are not able to do so for 14 consecutive business days due to faulty contact information, your account may be terminated without further notice.
Under no circumstances shall the Customer transfer their rights under this TOS to any other individual or company without the direct written consent of indieTown.
indieTown is not required to notify clients of changes to these Terms of Service, Acceptable Use Policy, or Privacy Policy. indieTown will make an attempt to notify all clients of any changes made, but does not guarantee notification. Upon change of any terms listed above, the customer is obligated to abide by those terms set and it is the Customers responsibility to periodically check the terms listed above for changes. The last date of modification is noted at the top of each document.
CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESSindieTown,indieTown’S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER’S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY’S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
EXCEPT AS DESCRIBED IN THE SLA, indieTown SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. indieTown SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF indieTown AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
Any controversy or claim arising from service or related to this MSA or breach therein in excess of five hundred dollars (”$500″) shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
By accepting this MSA, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (”18″) years of age or older and are not otherwise legally incapacitated to execute this Agreement.
Acceptance by Customer of the MSA incorporating the TOS, AUP, SLA, and PA hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
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Voice line & SMS: +62.812.3385344 (Nationwide), +62.341.9975558 (Malang), +62.343.9145595 (Pasuruan)
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