Terms and Conditions of acceptable use agreement
NV Host is a provider of Internet Website hosting, Internet business-source Marketing, and Development. NV Host has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
NV Host reserves the right to broaden, change, discontinue, modify and/or revise its policies or services offered, at any time, without express written notice.
This agreement represents the complete agreement and understanding between NV Host and the account holder (hereinafter called, but not limited to the title, Customer and/or Client) and supersedes any other written or oral agreement.
NV Host's general policy is to act as a provider of internet presence. NV Host has specific ethical concerns regarding the use of its computers, as detailed below. NV Host reserves the right to suspend or cancel a customer's access to any or all services provided by NV Host when we decide that the account has been inappropriately used or has failed to comply with the Terms and Conditions of acceptable use agreement as defined herein.
USE OF YOUR ACCOUNT shall constitute your approval and agreement to these Terms and conditions of acceptable use. If you do not agree to these Terms and conditions of acceptable use, please notify our Billing Department at 1-866-4MY-HOST. We will at such time initiate a closure of your account.
User acceptable use policies
Any attempt to undermine or cause harm to a server, or customer, of NV Host is strictly prohibited.
Excessive server loads caused by your domain activity
If at any time your domain causes excessive server loads, solely caused by your domain, be it email or web scripts, you may be asked to upgrade your account to a dedicated server. If NV Host determines that your failure to comply with this upgrade will continue to cause excessive loads on our server, your domain will be subject to immediate shut down, and your account can be assessed fees for excessive server usage of up to $1500.00 US per incident.
Unauthorized use of other people's accounts or computers
NV Host 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 NV Host customer, whether or not the attacked account or computer belongs to NV Host, 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.
Adult or warez web sites
Web sites with Adult Material or Warez web sites are not permitted to be hosted on NV Host. NV Host customers enjoy the benefit of consistently fast servers and a clear network. Unlike other web hosting facilities, we do not have our network congested with users downloading pornographic images.
NV Host defines "Adult Material" as any of the following:1. Any photos or videos showing nudity on either men or women.
2. Any audio clips or text containing sexually explicit material.
3. Any file that is sexually explicit in nature.
NV Host defines "Warez" as any of the following:1. Illegal or pirated software that has not been purchased.
2. Software that was given to a by a friend or co-worker to make copies of and re-distributed.
3. MP3's - This is the most common format of illegal copies of copyrighted music.
We also prohibit the following:1. Any sites with direct links to other sites containing such material.
2. Any site engaged in the sale of sexually explicit items.
In addition we reserve the right to determine what might be considered "sexually explicit" or "sexually related". If your site contains material that you are unsure about, please contact us.
Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. This includes any email originating from your account. If email was sent by a person using one of your email accounts, you are still responsible for the content abiding by this policy.
Commercial advertisements are unwelcome 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.
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.
Users may not send unsolicited bulk messages over the Internet (i.e., "spamming") and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.
Mass Mailings - Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to NV Host upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, NV Host will consider the mass mailing to be unsolicited.
Mailing Lists - Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to NV Host upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, NV Host will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:
Instructing others in any activity prohibited by this AUP.
If any Customer or any Third Party User that is a customer of our Customer uses NV Host Services, NV Host Network or its physical infrastructure in a manner that causes NV Host to be "blacklisted" or blocked, NV Host reserves the right to (i) suspend permanently or terminate NV Host Services of such Customer and/or (ii) suspend permanently or terminate the access to NV Host Services, NV Host Network or its physical infrastructure by such Third Party User. Operating NV Host Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal - If, as a result of a Customer's actions, NV Host's mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, NV Host shall charge Customer $150 upfront and $120 per hour thereafter for any necessary remedial actions.
We do not allow clients to install their own CGI chat rooms, without approving it with the NV Host Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that should more fit your needs and run without hindering the performance of the machine for others.
Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Background Running Programs
We may allow programs to run continually in the background. These are considered on an individual basis. Extra charges may be incurred based on system resources used and operational maintenance required.
We currently do not allow IRC or IRC bots to be operated on our web hosting servers.
What Does NV Host Do With This Information?
NV Host uses the information it gathers in order to provide you with the best online experience possible. As you might expect, contact information is used to contact you concerning your account and our company. Payment information is used to validate your identity and to bill you for the services and products you order. Information on your online sessions is used to allocate system resources and to ensure compliance with NV Host's Terms and Conditions of acceptable use agreement. Information on your communications with NV Host's support team is used to address the issues raised by your communications. In addition, NV Host regularly sends out mailings regarding the operation of its service and other goods and services that it believes may be of interest to you. You may request that NV Host not send you mailings relating to other goods and services at the URLs listed in this section or send an e-mail to firstname.lastname@example.org NV Host reserves the right, however, to send bulletins and other important information regarding the service at its discretion.
Does NV Host Share Subscriber Information With Third Parties?
NV Host will not share or disclose information regarding its subscribers except (A) when we receive legal process such as a court order; (B) when it is reasonably necessary to protect the company's rights or property; or (C) in emergencies where someone's safety is at risk.
You should be aware, however, that any information that you disclose in a public space such as a chat room, bulletin board, or personal Web site, is freely available to anyone else visiting that space. NV Host cannot safeguard any personally identifiable information you disclose in these locations, nor can it ensure that information you voluntarily supply to third parties remains private. Please review the privacy policies of third party sites you frequent to ensure that your privacy preferences are respected.
How Can I Correct or Update the Information?
To request a copy of the contact information NV Host has on your account, send an e-mail request to email@example.com You may correct that information as appropriate by returning a message to the same address. Please keep in mind that under NV Host's Terms and Conditions of acceptable use agreement, subscribers are required to provide NV Host with current contact and billing information. NV Host may require a copy of a government issued form of identification before disclosing billing information or before making changes to the billing or contact information of any account.
What Happens to the Information if I Leave NV Host?
If you ever leave NV Host, NV Host will normally delete your personally identifiable account information twelve months after the account is cancelled, unless we are under a legal obligation to retain it. We preserve account information for this short period of time in the event you wish to reactivate your account and retain your previous e-mail address. However, in the event of any accounting irregularities, NV Host reserves the right to retain your contact and billing information as necessary to resolve the matter.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. Payments for hosting fees are to be automatically deducted from the credit card account on file for your domain on the day your hosting fees are due. All pricing is guaranteed for the term of pre-payment. NV Host reserves the right to change prices at any time, unless other terms have been agreed upon.
Any shared web hosting account not brought current within one week (7 days) or dedicated server account within one day (1 day) of e-mail notification 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 NV Host in writing for a request for termination of services. All payment must be made in U.S. Dollars. All dedicated server clients and dedicated server account holders must mail, email or fax NV Host a day 30 written/signed or faxed/signed document, which is required of dedicated server account holders to terminate a dedicated server service.
If you make payment using a credit card, and the credit card account # you have on file with our billing department should decline payment for insufficient funds or any reason, your account may be subject to a $2.50 decline fee per incident or $20 per month charge and payable immediately on that billing period.
To avoid decline fees, please keep your payment information current with our billing department and funds available for services rendered. All main account contacts or subscribers to our services, are required to provide NV Host with current contact and billing information as deemed necessary by expiration of credit cards accounts and other factors.
Domain registration policy
Customer agrees to pay NV Host prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the NV Host price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. NV Host reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from NV Host to the email address indicated in Customer's registration application. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by NV Host) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to NV Host as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. NV Host will reinstate Customer's domain name registration solely at NV Host's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
99.9% uptime guarantee and account credit policy
(2.) Service Level Agreement & Specifications
Monthly Uptime Credit
b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to firstname.lastname@example.org For security reasons, the body of this message must contain your domain name, password, account number, the dates and times of the unavailability of your website, and such other customer identification requested by NV Host. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
A) Scheduled maintenance as posted from time to time at NV Host
30 day money-back guarantee and account cancellation policy
Our Web hosting plans (Netsite Unix, Netsite NT/Win2000 and Netsite E-Commerce plans) are backed by a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund of your hosting fees, as outlined herein, if you cancel your account within 30 days of the activation of your account. The 30 Day money-back guarantee does not apply to start up fees, setup fees, overage charges or any other additional or special services/items. This would include but is not limited to; virtual domains, referrer logs, domain parking services, domain registration, dedicated servers, reseller programs and special licensing fees associated with our E-commerce plans. No refunds are available after 30 days. The 30 day money back guarantee does not apply to domain name registration, reseller accounts, dedicated servers or any fees associated with these accounts or services, start up fees, account changes, plan upgrades/changes, overage charges or any other additional or special services/items. The account holder shall be fully responsible to pay for any of these fees if the account holder should cancel services with us before 30 days.
Accounts cancelled/terminated by NV Host for violating our terms and conditions of acceptable use agreement do not qualify for the 30-day money back guarantee. Furthermore, any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, etc.). Accounts or sites found to be in violation of this agreement may be assessed additional penalties at the discretion of NV Host including a 'per violation' fee for adult material, SPAMMING, stolen/pirated material and/or warez material. For example, if your account is cancelled due to email spamming or for storing/displaying pornographic/adult material, you will not be given any refund.
NV Host reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by NV Host if NV Host institutes it's right of cancellation and no violation of this agreement has occurred.
Due to security concerns, account cancellations over the telephone and informal email will not constitute acceptance of any cancellation. Any request for cancellation must be received via the cancellation form or US Mail, and should include the following information:
1) Reason for cancellation.
You will then receive a confirmation upon the cancellation of your account.
Accounts that are delinquent for more than 3 days are subject to immediate cancellation and removal from our servers. For dedicated servers clients, if after 1 day from a telephone notification to the account holder, the account has not been brought up to balance, the dedicated server client will be responsible for payment of the final 30 days of service and at that time and any time thereafter, the account is subject to cancellation. This will usually only occur when a client refuses to meet our payment specification, which may be subject to change without prior notice.
Full start up fees will be accessed to all accounts, whereby the start up fees or service charges were reduced, waived or lowered as a result of choosing the quarterly or annual payment option upon sign up, or for any special deals or offers that were given as a result of an agreement/commitment to hosting. In other words, if you were given a special offer or deal by one of our representatives, and cancelled services at any time, full hosting fees will apply to any domains or hosting account that were not charged as a result of you getting a special price break or offer. If payment was made by check, money order or bank transfer, include the name, address and zip code (postal code) of the primary contact. Payment will be made by company check or credit card reimbursement within 15 working days of receipt of cancellation as defined above. If we have to manually cancel your account, you will be assesed an account closure fee, the amount of payment currently due and any and all decline fees due. If after 30 days we do not receive any response your account will be forwarded to a collection agency that is partnered with NV Host.
NV Host reserves the right to refuse service to anyone. Customers may only use any of our equipment or 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. NV Host expressly forbids anyone from using NV Host servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic or occult materials, and any and all materials of a lewd or obscene nature. The designation of any materials as such described above is left entirely to the discretion of NV Host management.
Customer agrees that it shall defend, indemnify, save and hold NV Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NV Host, 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 NV Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NV Host'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 NV Host's servers.
NV Host will not be responsible for any damages your business may suffer. NV Host makes no warranties of any kind, expressed or implied for services we provide. NV Host 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 NV Host and its employees. NV Host is not in any way, shape or form responsible for your data on our servers. You are advised to maintain your own backups of all your data at all times.
All Sub-Networks, Account Holders, Resellers and dedicated servers of NV Host must adhere to the above policies.
NV Host reserves the right to broaden, change, discontinue, modify and/or revise its policies or services offered, at any time, without express written notice.
This agreement represents the complete agreement and understanding between NV Host and the account holder (hereinafter called Customer or Client) and supersedes any other written or oral agreement.
If you do not agree to these Terms and conditions of acceptable use, please notify our Billing Department at 1-866-4MY-HOST. We will at such time initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval and agreement to these Terms and conditions of acceptable use.
Failure to follow any term or condition will be grounds for immediate account deactivation, termination and any and all data to be deleted from our servers. This is to be determined by the management of NV Host.