Sommer Consulting Web Hosting. - hereafter referred to as Sommer Consulting - provides Internet web page hosting, marketing and development. Sommer Consulting has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. 

Sommer Consulting's general policy is to act as a provider of internet presence. Sommer Consulting has specific ethical concerns regarding the use of its computers detailed below. Sommer Consulting reserves the right to suspend or cancel a customer's access to any or all services provided by Sommer Consulting when we decide that the account has been inappropriately used.

As part of the hosting plans, a domain registration service can be obtained. 

Any attempt to undermine or cause harm to a server or customer of Sommer Consulting is strictly prohibited.

Sommer Consulting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. 

Any unauthorized use of accounts or computers by a Sommer Consulting customer, whether or not the attacked account or computer belongs to Sommer Consulting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.

Any type of pornographic materials, hate materials, child pornography, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited.

Sommer Consulting's customers are privileged to be offered a monitored account in terms of bandwidth. This means Sommer Consulting does pro-actively monitor bandwidth usage of our customers. Sommer Consulting's bandwidth policy is similiar to the common Laissez-Faire model in politics. Customers are entitiled to use as much bandwidth as necessary as long as they (a) do not harm other customers located on the same machine or on other machines of Sommer Consulting's network and (b) do comply with all other terms & conditions. Customers will however; be charged for the additional amount of data transmitted.  All domain / subdomains account do have a moderation throtelling utility applied to their throughput. This moderation throtelling utility measures the accounts usage based on averages derived from various server tasks and services such as average CPU utilization, FTP utilization, HTTP bandwidth utilization, Email utilization - et cetera. 

 Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Sommer Consulting management. If the amount of web space used is in no relation to the amount of images hosted (example: your web space usage is 20 megabytes, but your images and HTML pages only amount up to 5 megabytes), then Sommer Consulting MAY remove files that cause a HDD fill-up issue at its own discretion.

Any customer who violates Sommer Consulting's policies in abusing any policy will not necessarily be notified, in rare cases, Sommer Consulting has to temporarily deactivate and / or turn off hosting accounts without prior notification and / or reason. If no action takes place on customer side for initiating reactivation of hosting account and stop abusive usage of service, hosting account will be terminated permanently without refund.

Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail (commonly known as SPAM or UCE) and will result in immediate account suspension or cancellation. 

Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint.

We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the Sommer Consulting support team prior to utilizing the chat software is strongly recommended.. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Parachat software chatrooms are available from companies such as www.everyone.net (Plug-In-Community) or www.jpilot.com (remote java chat) and do not put any system hogs on our servers.

We may allow programs to run continually in the background. These are called cron jobs and are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed, if applicable. In most cases Sommer Consulting prefers not to impose any extra charges on the customers.

We currently do not allow IRC or IRC bots to be operated on our servers.

All accounts are set up on a monthly pre-pay basis. The work with account setup and possible domain registration itself is charged $50 setup fee.  Such domain will be registered with Sommer Consulting's proprietary bulk registration system and may or may not show proprieratery contact information. In any case and in the event customers wish to move their domain name to another provider, Sommer Consulting will not play a hindering role. Customer is welcome to request move of domain name registered through Sommer Consulting to another provider anytime and Sommer Consulting will immediately work on request and initiate process to remove the domain name from Sommer Consulting's registration system. Customer can then register this domain name with any other provider, as per customer's preference.

The domain registration carry a $70 / 24 months InterNIC domain registration fee, this will be billed directly to you from InterNIC.

 All pricing is guaranteed for the term of pre-payment. Sommer Consulting reserves the right to change prices at any time for *new* customers only. Existing customers have, as soon as an order is placed, a price-lock on their account and are guaranteed to ALWAYS receive the same or lower price than they originally signed-up for. Hence customers will never face or incur higher or increased charges. Unless other terms have been agreed upon, any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Sommer Consulting in online writing for a request for termination of services. All payment is in U.S. currency.

Sommer Consulting reserves the right to cancel service at any time due to policy violations. If Sommer Consulting institutes it's right of cancellation, no pro-rated fees will be refunded or credited as policies have been violated. Each customer is expected to use his/her account for the purpose of maintaining a web site  and e-mail only, with responsibility and respect toward other Internet users. Common sense is the best guide as to what is right and wrong, and it's the same guide we'll use when analyzing an event of bad behavior. Sommer Consulting has the right to deny business to a customer, if this customer is being rude to a member of our staff, attempting to re-open an account after the user's account has been previously cancelled due to a policy violation, constantly creating problems on a server, constantly having billing problems (credit card denied way too often, checks bouncing, etc), demanding or expecting in a rude fashion more than what our service provides or what we can do ("I want you to install X software for me. Do it now or else", "I want more email accounts for free. I'm the customer and you have to satisfy me. So give me the extra email accounts", etc etc). Always be polite. If customer is not polite, Sommer Consulting reserves the right to no longer provide customer with web hosting service. If Sommer Consulting decides to stop providing customer service due to any of these reasons, the account will be terminated immediately. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, server destruction, server damage, devastative behavior, hacking, phreaking, phroning, etc).

Customers can cancel service any time by sending email to  billing@iwannasee.com. We request to hear a reason for cancellation. Sommer Consulting will be to sole arbiter as to what is constituted a sufficient reason for a refund. Insufficient reasons are for example, but not limited to: (1) Client is not technically fluent enough to maintain a web hosting account. Sommer Consulting is not responsible to technically educate its customers. (2) Client decides web hosting services was ordered too early or out of a mood - may it be good or bad - Sommer Consulting is not responsible for customers' moods and hence a refund is not applicable in this case. A valid reason for refund would be - but need not necessarily be (clarification: even if it is a proven technical reason, it does not necessarily provide a valid reason for refund) - a proven technical reason of a technical problem and / or issue that Sommer Consulting was either not willing to solve or cannot solve at this time due to technical, logicistal or administrative reasons. If request for refund comes in, client MUST give Sommer Consulting a 48 hour grace period to fix technical issue that is basis for refund request. If then after that time technical problem is not solved, a 30-day money back refund is granted under following criteria: If client is within his 30-day money back guarantee period, Sommer Consulting will credit 100% of the pre-paid money minus following handling, initial support and service charges: $25 Mini Accounts.   If client has exceeded 30-day money back guarantee period, a refund cannot be applied in any case and due to any reason. Refunds will be honored within three weeks and be credit back to client account.  Please note that refunds for money wires and / or check orders cannot be honored as they are not applicable.

Sommer Consulting does not allow chargebacks to occur to its merchant accounts and contracts with VISA / MC International, American Express Bank Ltd. and Discover Card services. It is not recommended to initiate a chargeback hence customer agreed to AUP (this document) and Terms&Conditions as outlined in this document and Sommer Consulting will use this document and customer's agreement at the time of order to wholeheartedly fight a chargeback and / or dispute. If customer supplied a valid reason for refund, Sommer Consulting will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / chargeback attempts will immediately result in suspension of webhosting account and another charge applied to the customer credit card under the same order / authorization number. Sommer Consulting reserves the right to re-charge customer credit card anytime in event of a dispute and / or chargeback process.

Sommer Consulting guarantees service availability of 99.9% of any 12-month period, the following limitation of coverage applies: Server reboots, scheduled server maintenances, CPU / Memory / HDD failures, manual server misconfigurations are covered; RAID cluster failures, Registry DNS outages or Registrar DNS failures, Denial of Service attacks, Acts of God, Wars and any third-party failures are NOT covered.

Sommer Consulting reserves the right to refuse service to anyone. Customers may only use Sommer Consulting's servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. Sommer Consulting expressly forbids anyone from using Sommer Consulting servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, again - adult or child materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Sommer Consulting management. 

Customer agrees that it shall defend, indemnify, save and hold Sommer Consulting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Sommer Consulting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sommer Consulting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sommer Consulting's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Sommer Consulting's server. 

Sommer Consulting will not be responsible for any damages your business may suffer. Sommer Consulting makes no warranties of any kind, expressed or implied for services we provide. Sommer Consulting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Sommer Consulting and its employees. Sommer Consulting reserves the right to revise its policies at any time without prior notification.

All Sub-Networks, resellers, clients, customers and dedicated servers of Sommer Consulting and / or IWannaSee.Com, Inc. must adhere to the above policies. 

Failure to follow any term or condition will be grounds for immediate account deactivation.

Copyright © 1996-2002 Sommer Consulting / IWannaSee.Com, Inc., All rights reserved.