AUP & TOS - Hosting Accounts
Hosting Accounts - Acceptable Use Policy
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Netnibble, provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following Acceptable Use Policy have been established to ensure this committment is met.
Netnibble (”The Company”) agrees to furnish services to the Customer, subject to the following AUP (Acceptable Use Policy). From hereon within this AUP and TOS, the use of “us”, “we”, “our”, “ours” shall constitute reference to Netnibble, and the use of “you”, “your”, “they”, “them” shall refer to client / customer of Netnibble.
Use of company services constitutes acceptance and agreement to the company’s AUP as well as the company’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Netnibble and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Content :
You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any National, Federal, State or City law is prohibited.
We are not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are prohibited. This also includes, but not limited to Adult sites, pirated software, hackerprograms/archives, MP3, Warez, copyrighted material or material protected by trade secrets and other statutes.
Netnibble does permit legal adult content on dedicated servers, colocation services, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials.
The following constitute violations:
Threats and unlawful conduct:
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Resource Usage:
If our system administrators determine that a customer’s account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Company shall be the sole arbiter as to what constitutes a violation of this provision.
Fraud:
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.” Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Any act involving a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their domain, VPS or server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Programs:
We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. IRC: We currently DO NOT allow IRC or IRC bots to be operated on any part our networks other than on IRC VPSs specifically designed and described as being suitable for this purpose.
Commercial Advertising - Email (SPAM):
Spamming, or the sending of unsolicited email, from one of our servers or using an email address that ismaintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
Server Abuse:
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no
responsibility for the use of our clients’ accounts. If any account abuses resources, and actions are not taken to desist, that account will become liable for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s computer software or hardware, electronic communications system, or telecommunications system is considered to be abuse.
Back-ups:
We perform daily backups on all of our servers to ensure that critical files are never lost. Our server software does not create daily backups for users sites that you may download on your own, and we do not restore a file that any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. We provide a paid backup service for customers who wish us to backup and restore their web sites.
Security:
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
We reserve the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner. Notice of any revision, amendment or modification will be posted in accordance with our TOS (Terms of Service).
Hosting Accounts - Terms of Service
Netnibble provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to ensure that this intent is met.
Netnibble (”The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From hereon within this TOS and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Netnibble, the usage of “you”, “your”, “they”, “them” shall refer to client/customer of Netnibble.
Use of company services constitutes acceptance and agreement to the company’s AUP as well as the company’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Netnibble and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
Disclosure:
The AUP specifically prohibits the use of our service for illegal activities. The Company will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpena.
IP Ownership:
If we assign a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies.
Contact & Billing Information:
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are required, fax contact information is encouraged.
Domain Registrations and New Orders:
You are also requesting us to register your site for you when selecting “new domain” in the order form of our site. We will use our own registry services to register such services for you on your behalf and ensure the correct name servers are used, saving you time and money. All domain registrations are NON-REFUNDABLE.
Free Domain Offers:
Domain names will be transferrable only after the 30 Day Guarantee period has ended.
Billing and Fees:
Subsequent payments are due on the anniversary date of the month for that month’s service. Accounts not paid by due date are subject to a $10.00 late fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non-payment is subject to a $100.00 reconnect charge for dedicated clients and $10 reconnect charge for shared clients. Service will be terminated on accounts that reach 15 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All credit card accounts are to be automatically billed on their anniversary date unless otherwise requested by the client. We are not responsible for any fees assessed on the client by their bank as a result of the client’s account being invoiced.
Disputes and Failure to Pay:
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Netnibble’s sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay an “Administrative Fee” of not less than $50 and not more than $150. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
30 Day Guarantee:
All shared accounts are entitled to an unconditional 30-day money back guarantee. This guarantee begins the day we send out your account login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please use the Cancellation Request option in the Account Managment section of our Support Center. This 30 days does not include extra services you contract us to process such as domain registrations, add-ons, name servers, programming work, or web designing. Colocation and Dedicated servers are not entitled to this guarantee due to time and expenses we incur on each order.
Refunds:
Domain name registrations are non-refundable. Refunds or returns are for credit only unless you qualify for the 30 day guarantee. We will process and apply credits or refunds within 30 days of submission. Refunds for annual plans will be treated as monthly terms. The annual account rate will be adjusted to the monthly rate, past and current usage deducated at that rate, and the remainder returned. Colocation, VPS and Dedicated server payments are NON-REFUNDABLE.
Cancellation:
All cancellations must be sent using the “Cancel Service” option in the Client Area of the Support Center. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are canceling within the 30 day guarantee period. This does not include any added support or service fees you have contracted us to provide. You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating. If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a $25 administration fee in addition to late fees and immediately discontinue service. We do not offer refunds for services after the initial thirty (30) days of service.
SLA and Credit for downtime:
All users are subject to the terms off this TOS (terms of service), our AUP (acceptable use policy), and our SLA (Service Level Agreement).
Liability and Warranty:
We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. Netnibble denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Modifications:
These terms may be modified at any time without notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to email, forums, ticket systems, and chats.
