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Terms of Service
When using the Service provided by
NetspaceOnline.net, defined below in Section
1.1, you agree to be bound by all of the
following terms (the "Terms of Service") within
this Agreement.
NetspaceOnline.net reserves the right to alter,
amend or modify any provision of this Terms of
Service Agreement at any time with or without
prior notice to you.
This Agreement is effective from your acceptance
thereof, which is indicated by the establishment
of your account. If you are a current
NetspaceOnline.net client when this Agreement is
activated, your continued use of the Service
constitutes your acceptance of this Agreement.
1. Service
1.1. NetspaceOnline.net provides Website Hosting
services, including, but not limited to,
Diskspace for File Storage; FTP Access for
uploading and downloading files to and from your
assigned account.
1.2. Any means of identification assigned to you
by NetspaceOnline.net (including username and IP
address) will remain the property of
NetspaceOnline.net. NetspaceOnline.net reserves
the right to alter or replace these forms of
identification at any time.
1.3. NetspaceOnline.net makes no guarantees as
to the continuous availability of the Service or
any specific feature of the Service.
NetspaceOnline.net reserves the right to
discontinue and/or change the Service or any of
its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service,
outlined below in Section 3, Client certifies to
NetspaceOnline.net that he/she is not a minor.
By accepting this Agreement, you represent that
you are at least 18 years of age.
2.2. You agree to provide NetspaceOnline.net
with accurate, complete and up-to-date billing
information, including your legal name,
electronic mail (e-mail) address, home address,
and telephone number. All changes to this
information must be reported to
NetspaceOnline.net within 30 days of the change.
2.3. By accepting this Agreement, you agree that
you are responsible for all charges posted to
your account until you close the account as
specified in Section 11. If any information
provided by you is inaccurate, not current or
incomplete, NetspaceOnline.net retains the right
to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only
individuals who are authorized to access the
Service through your account. You must ensure
that all authorized users on behalf of your
account comply with this Agreement.
3.2. You are responsible for maintaining the
confidentiality of passwords used by yourself or
any authorized user for your account.
3.3. You will not use the Service or permit
others to use the Service through your account
in any way that violates any law or regulation;
subjects NetspaceOnline.net to liability; or is
in any violation of the NetspaceOnline.net Terms
of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the
content of your transmissions through the
Service. You acknowledge that NetspaceOnline.net
simply acts as a passive conduit for the
distribution and transmission of data.
4.2. You may now resell multi hosted accounts.
4.3. You agree that your use of the Service is
subject to all applicable local, state, national
and international laws and regulations.
Furthermore, you agree that you recognize that
violation of any such laws, rules and
regulations shall be cause for immediate
termination, without notice, of your account at
the sole discretion of NetspaceOnline.net.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not
limited to, activities such as unauthorized
distribution or copying of copyrighted software;
violation of U.S. or International export
restrictions; harassment; fraud; drug dealing;
intentionally inflicting emotional distress;
violating trademarks; copyrights; and other
intellectual property rights.
5.2. We reserve the right to remove permission
to access the Service if we suspect security
violation attempts involving your account,
whether directly deliberately caused by you or
not.
5.3. Spamming, to send unsolicited commercial
email or newsgroup posts, from the server or
involving your domain.
5.4. Mail bombing, sending of large files or
emails to other users against the request of an
Internet user, whether or not our servers are
used.
5.5. Violations of system or network security is
prohibited, and may result in criminal and civil
liability. Examples include, but are not limited
to, the following: Unauthorized access, use,
probe, or scan of a systems security or
authentication measures, data or traffic.
Interference with service to any user, host or
network including, without limitation, mail
bombing, flooding, deliberate attempts to
overload a system and broadcast attacks.
5.6. The use of programs that consume an
excessive amount of CPU run time or Random
Access Memory (RAM) on the server.
5.7. Unacceptable site content, links, storage
and/or distribution including, but not limited
to, pirated software or programs which are
intended or used for security violation purposes
("cracking software"); "Warez Sites"; "IRC
Bots"; pornography; nudity; sexually explicit or
offensive material; and defamatory, scandalous,
or private information about a person without
their consent.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE
STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL
WILL BE CAUSE FOR IMMEDIATE TERMINATION OF
SERVICE. NETSPACEONLINE.NET WILL BE THE SOLE
ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF
THIS PROVISION. NETSPACEONLINE.NET WILL NOTIFY
THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF
SUCH VIOLATION IS A CRIMINAL OFFENCE.
6. Fees
6.1. Setup fees 'where applicable) are
non-refundable. NetspaceOnline.net does not
issue refunds for fees paid in advance or for
fees and/or payment made towards your account
after the first 30 days of Service.
6.2. Current pricing for NetspaceOnline.net
services may be obtained by sending an email to:
accounts@NetspaceOnline.net.com.
NetspaceOnline.net reserves the right to change
prices, rates and/or institute new charges/fees
at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed
by the state you reside in, will be assessed to
your account for each check that is returned to
NetspaceOnline.net for insufficient funds.
6.4. Payment must be made towards your account
on its assigned due date. If your account is
delinquent, your account may be suspended or
terminated at the sole discretion of
NetspaceOnline.net. NetspaceOnline.net may, at
its sole discretion, charge a fee of US.00 or
greater to reinstate a suspended account.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED
BY YOUR FINANCIAL INSTITUTION,
NETSPACEONLINE.NET RESERVES THE RIGHT TO RE-BILL
FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT
STATUS.
NetspaceOnline.net may, at its sole discretion,
charge a fee of US.00 or greater to reinstate a
suspended account.
6.5. If you believe that NetspaceOnline.net has
billed you in error, you must contact the
Billing Department within 30 days of the invoice
or transaction date of the charge. Refunds or
adjustments will not be given for any charges
billed in error which are more than 30 days old.
You are responsible for keeping your email
address up to date in the EDIT field in your
Plesk control panel. You may also email this
change of address to accounts@NetspaceOnline.net.com
if you would like a different email address
shown in Plesk.
7. Disclaimer of Warranties
7.1. You assume full responsibility and risk for
use of the Service by you and your authorized
users. The Service is provided on an "as is" and
"as available" basis. NetspaceOnline.net does
not warrant that the Service will be
uninterrupted or error-free. NetspaceOnline.net
makes no express or implied warranties,
representations or endorsements including, but
not limited to, warranties of title,
non-infringement or implied warranties of
service or fitness for a particular purpose
regarding all information or service provided
through NetspaceOnline.net. No advice or
information given by NetspaceOnline.net, its
employees, affiliates or contractors shall
create a warranty.
7.2. NetspaceOnline.net shall not be liable for
any costs or damages arising directly or
indirectly from use of the Service. It is solely
your responsibility to evaluate the accuracy,
quality, completeness, and usefulness of all
opinions, advice, services, and other
information provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or
any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and
exclusive remedy is to terminate this Agreement
and discontinue using the Service by closing
your account by one of the methods outlined in
Section 11.
8.2. Under no circumstances shall
NetspaceOnline.net, its employees, affiliates or
contractors be liable for any direct, indirect,
incidental, special, punitive, or consequential
damages that result in any way from any: use of
your account or the Service or your inability to
use the Service; your reliance on or use of
information, services or merchandise provided on
or through the Service or that result from
mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or
transmission, or any failure of performance.
9. Indemnity
You agree to defend, indemnify, and hold
NetspaceOnline.net and its affiliates harmless
from any and all liabilities, costs, and
expenses, including reasonable attorneys' fees,
related to or arising from: any violation of
this Agreement by you or those who access this
Service through your account; the use of the
Service or the Internet in general; and the
placement or transmission of any message,
information, software, or other materials on the
Internet by you or by those who have access to
the Service through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using
the methods outlined in Section 11 of this
Agreement. Your termination will only be
complete upon your receipt of a confirmation
number from NetspaceOnline.net. You will receive
this confirmation number via Electronic Mail.
Charges to your account will stop accruing the
day you receive your confirmation number.
NetspaceOnline.net will not issue refunds for
fees paid in advanced or for accounts that have
been activated passed the 30 Day Money Back
Guarantee mark.
10.2. NetspaceOnline.net may terminate this
Agreement at any time without cause upon 30 days
prior notice; or; immediately if you or any
person who has access to the Service through
your account, commit a material breach of this
Agreement including, but not limited to, a
breach of any obligation imposed under Sections
2, 3, 4, 5 or 6 or if you fail to pay any
charges within 7 days of the date they accrue.
10.3. Upon termination of this Agreement, all
rights granted to you or your authorized users
under this Agreement shall immediately cease and
terminate.
10.4. Termination from this Agreement does not
release you from the obligation to pay all
accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive
termination of this Agreement,
NetspaceOnline.net retains the right to enforce
these provisions regardless of account status.
11. Closing an Account
11.1. You may close your account by sending an
email to our accounts department through your
client control portal or you can close your
account directly through your client portal. If
sending a cancellation request to the accounts
department you must ensure the following
information is provided:
Include your account information (domain name,
username, IP address, server name and password)
Reference your Order/Authorization Number you
received with your first receipt of payment.
Failure to enforce strict performance of any
provision of this Agreement shall not be
construed as a waiver..
Requests to cancel accounts or the termination
of your payment plan at NetspaceOnline.net will
result in the IMMEDIATE deactivation of your
account. In a case where a client has ceased a
billing cycle, the account will be deactivated
upon investigation by the Accounts department.
Acceptable Use Policy
Use and Misuse of the Services
All complaints of abuse, violation and misuse of
the Services, whether described in this section
or otherwise, shall be investigated promptly. If
you are not sure if your actions will be an
abuse, violation or misuse, then please contact
abuse@NetspaceOnline.net.com. You are
responsible for all use of your website, with or
without your knowledge or consent.
You agree to use the Services only for lawful
purposes, in compliance with all applicable
laws. Illegality includes, but is not limited
to: Drug dealing; Attempting without
authorization to access a computer system;
Pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s,
MPEGs, ROMs, and ROM emulators); Gambling;
Schemes to defraud; Trafficking in obscene
material; Sending a message or having content
that is obscene, lewd, lascivious, filthy, or
indecent with intent to annoy, abuse, threaten,
or harass another person; Threatening bodily
harm or damage to individuals or groups;
Violating U.S. export restrictions; stalking; or
violating other state or federal law, such as
the Electronic Communications Privacy Act, the
Computer Fraud and Abuse Act, or the Economic
Espionage Act. Linking to illegal material is
also prohibited.
When NetspaceOnline.net.com becomes aware of
possible violations of this Agreement,
NetspaceOnline.net.com may initiate an
investigation that may include gathering
information from you and the complaining party,
if any, and examination of material on
NetspaceOnline.net.com's servers.
NetspaceOnline.net.com, in its sole discretion,
will determine what action will be taken in
response to a violation on a case-by-case basis.
Violations of this Agreement could subject you
to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE
AND HOLD NETSPACEONLINE.NET HARMLESS FROM ANY
CLAIMS RELATING TO ANY ACTION TAKEN BY
NETSPACEONLINE.NET AS PART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS
A RESULT OF ITS CONCLUSION THAT A VIOLATION OF
THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU
CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER
FROM NETSPACEONLINE.NET AS A RESULT OF
NETSPACEONLINE.NET'S DECISION TO: REMOVE
MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR
TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION
DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF NETSPACEONLINE.NET
CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS
WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN
THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images,
text, and programs) may be downloaded or
uploaded using the Services. You may also
re-distribute materials in the public domain.
You assume all risks regarding the determination
of whether the material is in the public domain.
You are prohibited from storing, distributing or
transmitting any unlawful material through the
Services. Examples of unlawful material include,
but are not limited to, threats of physical
harm, child pornography, and copyrighted,
trademarked and other proprietary material used
without proper authorization. Pornography and
sex-related merchandising, or links to such
material, even if legal, are not acceptable uses
of NetspaceOnline.net's servers. You may not
post, upload or otherwise distribute copyrighted
material on NetspaceOnline.net's servers without
the consent of the copyright holder.
Unacceptable uses of website content also
include the presence of the following programs
or the activities associated with them,
regardless of whether or not any actual
intrusion results in the corruption or loss of
data: Server broadcast messages or any message
sent on an intrusive basis to any directly or
indirectly attached network; Attempts to
circumvent any user authentication or security
of host, network, or account; Accessing data not
intended for user; probing the security of any
network; Spawning dozens of processes; Port
scans, ping floods, packet spoofing, and forging
router information; Denial of service attacks,
sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land and teardrop; Promulgation
of viruses; and IRC bots, such as eggdrop or
BitchX.
NetspaceOnline.net supports free speech on the
Internet and will not suspend or cancel your
account simply because it disagrees with your
views expressed at your website. However,
examples of unacceptable activities include
posting private information about a person
without his or her consent, defaming a person or
business, and knowingly making available code
that will have a deleterious effect on
third-party computers. Where there are
allegations that your on-line activity has
violated the legal rights of a third party,
NetspaceOnline.net will not substitute itself
for a court of law in deciding tort claims
raised by the third party.
Email Use
Unacceptable affronts to netiquette and
unacceptable activities include, but are not
limited to, the following: Spamming (sending
unsolicited advertising to those with which you
have no existing business relationship and
posting off-topic advertising in newsgroups);
Spoofing (using a return email address that is
not the valid reply address of the sender or
sending an email message that does not contain
enough information to enable the recipient to
identify you); Passive spamming (promoting a
website hosted by NetspaceOnline.net by spamming
from some other source); trolling (posting
controversial messages in newsgroups to generate
responses); Mailbombing (inundating a user with
email without any serious intent to correspond
or sending large or multiple files to a user);
Generating a higher volume of outgoing mail than
a normal user (over 10% of available system
resources); Propagating chain letters; and
subscribing someone else to an electronic
mailing list without that person's permission. A
message is considered unsolicited if it is
posted in violation of a newsgroup charter or
sent to a recipient who has not requested the
message. Making an email address available to
the public does not constitute a request to
receive messages. Distribution of mass emailing
programs is also prohibited. All recipients on a
mailing list must have personally subscribed.
Mailing lists may not be used to distribute
unsolicited email. If you are repeatedly
mailbombed or attract such behaviour, the
Services will be terminated.
You should not send email to any user who does
not wish to receive it, either at
NetspaceOnline.net or elsewhere.
NetspaceOnline.net recognizes that email is an
informal medium; however, you must refrain from
sending further email to a user after receiving
a request to stop.
You may not alter the headers of email messages
to disguise their identity or to prevent users
from responding to the messages.
NetspaceOnline.net may disclose the usernames of
accounts responsible for forged email messages
to system administrators or users requesting the
information.
Violations of the NetspaceOnline.net. policies
outlined herein can sometimes result in massive
numbers of email responses. If you receive so
much email that NetspaceOnline.net resources are
affected, NetspaceOnline.net staff may shut down
your mailbox.
System Security
You are prohibited from utilizing the Services
to compromise the security of system resources
or accounts on servers at NetspaceOnline.net or
at any other site. Use or distribution of tools
designed for compromising security or containing
viruses or trojans is prohibited. Examples of
these tools include, but are not limited to,
password guessing programs, cracking tools or
network probing tools.
If you are involved in violations of system
security, NetspaceOnline.net reserves the right
to release all usernames of users involved in
such violations to system administrators at
other sites in order to assist them in resolving
security incidents. NetspaceOnline.net will also
fully cooperate with law enforcement authorities
in investigating suspected lawbreakers.
System Resources
System abuse includes any use of
NetspaceOnline.net's resources that disrupts the
normal use of its servers or services for
others. Examples of system abuse include running
excessive numbers of processes or consuming
excessive amounts of CPU time, memory or disk
space.
Any usage of 10% or more of NetspaceOnline.net's
system resources is an undue burden on
NetspaceOnline.net's system and is unacceptable.
If your usage ever exceeds 10% of system
resources, your account may be terminated
immediately and without prior notice.
Further, running programs in the background on a
NetspaceOnline.net server without
NetspaceOnline.net's prior written
authorization, or running chat rooms, Internet
Relay Chat, IRC bots, mailing lists that send
more then 1,000 emails a day and the like are
not acceptable uses of NetspaceOnline.net's
servers.
This Terms of Service Agreement constitutes
the entire Agreement between you and
NetspaceOnline.net with respect to the Service. |
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