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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.
FREE SPEECH:
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.
UNACCEPTABLE
ACTIVITIES:
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
(abuse@nvserv.com).
AGE:
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.
HACKING/CRACKING:
NVServ reserves the right to report illegal activities to any and
all regulatory, administrative, and/or governmental authorities for
prosecution.
OTHER
BEHAVIOR:
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
abuse@nvserv.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.
CLIENT
RESPONSIBILITY:
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.
DEDICATED 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.
RESELLER
ACCOUNTS:
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.
IRCd SERVERS:
No IRCd's or IRC related software
permitted on non-IRCd specific sites.
BACKUPS:
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.
IP NUMBERS:
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
POLICIES:
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.
INTERNATIONAL ORDERS:
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.
YEARLY PREPAY:
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.
AFFILIATE PROGRAM:
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.
FRAUDULENT
ORDERS:
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. |
