POLICIES, GUIDELINES, and DISCLAIMERS
NVServ provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.
These Policies, Guidelines, and Disclaimer are intended for all domains residing on NVServ servers.
NVServ supports Free Speech on the Internet, and will not suspend or cancel a customer�s account simply because it disagrees with the views expressed by the customer.
TRAFFIC USAGE RESTRICTIONS:
Each account plan comes with a pre-determined amount of bandwidth allowance. We monitor all usage of the domains residing on our servers. Sites that exceed or are reaching their allotted allowance will be contacted immediately to resolve the problem. Accounts exceeding their bandwidth allowance are required to pay a minimum of $2.00 per gig of traffic for each gig of traffic that exceeds their allotted amount. Following is a list of sites that will often require more than what is allotted for each account plan: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running cgi scripts or adult content. (Note: This is only a sample list of sites that may consume more traffic than is what allowed them.)
If at any time your site extensively exceeds more than 20% (50% +) of our systems resources in one day, your account will be deactivated immediately without notice and you will have to contact us for reactivation.
These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by NVServ 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), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), 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. NVServ has zero tolerance for spam, and will act accordingly. This is NOT "bulletproof" hosting. All recipients on a mailing list must have personally subscribed via "opt-in" sign-up. Mailing lists may not be used to distributed unsolicited email. User will be billed $150.00 cleanup fee for each instance of spam that gets reported to the Provider. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (firstname.lastname@example.org).
All users and/or client's must be 18 years of age to obtain and/or utilize our service. Any accounts found to be violating this requirement will be immediately suspended.
ABUSE OF THE LEGAL RIGHTS OF OTHERS:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person, race or business, and knowingly making available code which will have a deleterious effect on third party computers. Where there are allegations that a customer�s on-line activity has violated the legal rights of a third party, NVServ will not substitute itself for a court of law in deciding tort claims raised by the third party.
ABUSE OF THE LAW:
NVServ services may be used for lawful purposes only. 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, MPEG's, copyrighted software, 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. NVServ reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
ABUSE OF NVSERV'S SERVER RESOURCES:
Running programs in the background on NVServ servers without NVServ prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of NVServ servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, or any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice.
NVServ reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask email@example.com
Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt 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, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of NVServ's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of NVServ to provide this knowledge or support outside matter specific to NVServ's servers.
Client is responsible for keeping all server resident software (including but not limited to any anti-virus software, email list software, operating system software, and bulletin board software) maintained and upgraded, unless client chooses to employ NVServ to perform this function at a nominal monthly cost.
Resellers are held entirely responsible for the actions of their hosting clients, and should familiarize themselves with these Terms of Service. Resellers may NOT host IRCd sites or adult content sites, unless the aforementioned reseller's account already permits such accounts. Contact NVServ for more information on hosting sites containing adult content.
No IRCd's or IRC related software permitted on non-IRCd specific sites.
Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients� responsibility to maintain local copies of their web content. If loss of data occurs due to an error of NVServ, NVServ will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, NVServ will attempt to recover the data from the most recent archive for a $50.00 fee.
NVServ maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Billing Name On Monthly Statement
Your monthly credit card bill will reflect that payment was made to Aquasoft.
Regular Hosting Billing
All regular hosting billing occurs on the account activation date and on or about the anniversary of that date each month thereafter. We DO NOT prorate any fees.
Dedicated Server Billing
Dedicated Server accounts will be billed on the 3rd day of each month, in full, no matter what day of the month the account was activated.
If you are going to cancel your account, do it before 5pm Eastern time three business days before your monthly billing is due, in order to avoid inadvertent billing. If you fail to follow the three day rule, NVServ is under no obligation to refund your money.
Credit Card orders from International sources will not be accepted.
Those clients from countries outside the United States of America must pay their accounts using a Cashier's Check from an internationally recognized banking institution, in US Dollars, and will be billed in three month increments.
Cashier's Checks must be received on or before the account due date. There is no grace period for billing.
All accounts paying for their accounts for a year must pay their fees using a check or money order. Checks are accepted online and your accounts will be verified prior to any registration. Accounts paying by money order - we must receive payment prior to account activation or domain registration.
All Affiliate Program members are required to submit their names, addresses, and social security (or EIN) to NVServ in order to activate their program membership. There are no exceptions. Affiliates who accrue in excess of $600.00 in a calendar year will receive a Form 1099 in January of the year following the end of that calendar year, which information will also be provided to the Internal Revenue Service. Payments for affiliate revenue will be made at the end of the fourth calendar month after the hosting/server plan is activated. Payment will be made via paper check, and will be sent via the United States Postal Service to the snail mail address affiliate indicates when signing up. In instances where a chargeback is initiated for hosting fees against NVServ by someone who has signed up using your Affiliate ID, NVServ reserves the right to be reimbursed for those fees by the affiliate in question. NVServ reserves the right to accept or deny any affiliate program applicants at their sole discretion.
During the ordering process we track both your user agent (ISP) and IP address. In the event that you submit a fraudulent order, i.e. provide an unauthorized credit card or checking account, we WILL file charges with the proper governmental agency. Your user agent is your fingerprint and can only be used by your computer on the world wide web and IS sufficient proof to law enforcement agencies of your activity on our servers. In addition to the above actions, NVServ, will also report your user agent and IP address and any other information obtained to identify you to all backbone providers.
LATE PAYMENTS / CHARGE BACKS / NSFs:
In the event that any person(s) is more than a week in arrears on their hosting payments, reverses the charges on credit card charges, or a check is returned as NSF or with a Stop Payment, NVServ retains the right to AND WILL confiscate the domain name under which the account resides. There is a $30 fee for all NSF checks, and client will be required to pay with a check card or credit card thereafter. A service charge of $25.00 per month will be added to all overdue accounts. Client is also liable for all legal and collection fees. All chargebacks will be reported to the National Chargeback Registry.
CANCELING YOUR ACCOUNT:
If you want to cancel your account, go to our Account Management section and cancel your account properly.
LIMITATION OF LIABILITY:
NVServ shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NVServ�s servers going off-line or being unavailable for any reason whatsoever. Further, NVServ shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NVServ�s servers. All damages shall be limited to the immediate termination of service.
NVServ shall be the sole arbiter of what is and is not a violation of these acceptable use policies. NVServ reserves the right to terminate an account at any time and for any reason that causes harm to any NVServ customer's web sites. NVServ reserves the right to delete all content and files upon termination. NVServ reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. NVServ reserves the right to refuse, cancel, or suspend service at our sole discretion.
NVServ reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
Clients should review these Policies every two weeks for changes and additions.
Violations of these Policies should be referred to firstname.lastname@example.org
All complaints will be investigated promptly.