Internet Service Agreement
The Short Version:
 No
Unsolicited Commercial Bulk Email to promote your site
No
use of autoresponders for other bulk email
promotions
No use of
Formmail.pl whatsoever.
No
illegal activities that violate state or federal laws
No game
company or Software distibution Sites
No
Chat Sites , IRC service , gameservers
No Adult video and/or movie files (*.wmv files)
Now The Long Version & Fine Print:
This Agreement, is made and entered by VirtualHostingServices.Net
(Novaproducts - Hawaii) ("Provider"), and you,
("User").
Intending to be bound in accordance with the terms hereof, the parties agrees as
follows:
Content
All services provided by Provider may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation
of any United States Federal, State or City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secrets and other statute.
The subscriber agrees to indemnify and hold harmless Provider from any
claims resulting from the use of the service which damages the subscriber or any other
party.
Adult Content Sites that
contain LEGAL material are allowed. .It is your responsibility that the content is kept legal.
If someone complains to us or our upstream provider, your site might be suspended
and/or shutdown depending on the circumstance and how quickly the material is removed.
Adult Content Sites must use our Adult Site hosting Plan. We do not
allow Adult (Porn) sites on our regular hosting plans.
Examples of unacceptable content or links:
- Pirated software.
- Hackers programs or archives.
- Warez Sites.
Traffic Allowance
As per the Plan that you have signed up for
Provider reserves the right, to terminate any
site moving large amounts of data without warning!
We reserve this right, to protect our servers
resources .. Provider will immediately suspend or terminate any site causing technical problems due to large
volumes of data transfer.
To maintain the integrity of our service, sites containing
any of the following will have their traffic monitored, and if it is deemed that
they are consuming an excessive proportion of a servers resouces will be taken suspended
untill the matter can be resolved..
Shareware, sound, video, image and multimedia Archives* or galleries.
Mirror sites.
Distribution points.Any site whose primary purpose is file distribution.
Any game company or Software distibution Sites offering demo downloads
Sites with Adult Content
*An archive site which is defined by how much of the traffic is done in archive
files. If archive files comprise more than than 30% of the site's traffic, that site is
deemed an archive site.
Provider will be the sole arbiter as to what constitutes a violation of these
provisions.
Misuse of System
Resources:
- You are allowed to freely install cgi applications, we reserve the right to disable any
program or script that may effect normal server operations. Any site that uses large
amounts of these resources may be asked to decrease activity or upgrade to an alternative
hosting package.
- WebAdverts banner rotations are banned from the system for numerous problems caused.
Please be sure to select another author.
- CGI Hit Counters are not allowed - All
sites come with Web Site Statistics
- Any cgi scripts that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that
abuses system resources.
- FORMMAIL.PL IS NOT ALLOWED UNDER ANY CIRCUMSTANCES
Chat Rooms
- We do not allow clients to install their own chat rooms. These tend to be large system
hogs and we cannot allow it as a account option.
Background Running Programs and Daemons
- We NOT allow programs to run continually in the background.
IRC:
No IRC related software is permitted
on our servers. This includes servers, bots, bouncers, or any other software that is used
for the purpose of creating, maintaining, or providing access to IRC servers or channels.
Accounts that are found to have such software uploaded to their web space are subject to
immediate suspension and/or termination without notice.
Commercial Advertising - SPAM Email:
- VirtualHostingServices.Net (Novaproducts - Hawaii)
servers may not be the source, intermediary, or destination address involved in the
transmission of spam, flames, or mail bombs. Your domain may not be referenced as
originator, intermediary, or reply-to address in any of the above. The use of spam to
advertise sites on other servers which in turn contain links to a domain on our servers is
prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and
Email. If you are found to have spammed, then we will immediately, without warning,
disable your domain. We reserve the right to refuse or cancel service to known spammers.
Lastly, we reserve the right to determine what violates this policy.
Spamming (the sending of unsolicited email) is STRICTLY prohibited. None
of the following will be tolerated. You will be fined $200 for
each instance of spam that gets reported to us and your account will be immediately
terminated.
- You may not send any unsolicited email mentioning an email address for any domain hosted
by us
- You may not send any unsolicited email mentioning a domain hosted by us
- You may not send any unsolicited email mentioning an IP address hosted by us
- You may not post a commercial message in a non-commercial newsgroup
- You may not post references to adult sites to non-adult newsgroups
- You may not post advertisements on IRC chat that result in complaints
Provider will be the sole arbiter as to what constitutes a violation of this provision.
3. If you install formmail.pl for the
purposes of spamming your account will be instantly terminated. You
will be fined $500 which will be charged to your credit card. We may also pursue
additional legal avenues to obtain larger compensation if warranted.
Sever Abuses:
- Any attempt to undermine or cause harm to a server,
or customer, of VirtualHostingServices.Net (Novaproducts
- Hawaii) is strictly prohibited. This
includes, but is not limited to: using programs that consume excessive CPU time; allowing
the use of mail services, mail forwarding capabilities, or autoresponders other than for
the customer's own account; resale of disk space without an appropriate reseller
agreement; use of servers for backup of files unrelated to the web site of the account; or
resale or remote access to CGI scripts installed on our servers. No IRC related software
is permitted on our servers. This includes servers, bots, bouncers, or any other software
that is used for the purpose of creating, maintaining, or providing access to IRC servers
or channels. Accounts that are found to have such software uploaded to their web space are
subject to immediate suspension and/or termination without notice.
Payment for Service
Service provided by VirtualHostingServices.Net
(Novaproducts - Hawaii) Service will commence once payment has been made and
approved by Credit Card, Check or PayPal.
Service may be canceled at any time with no penalty within the first
30 days.
The Subscriber understands that services are paid for on a 1, 12 , 24 or 36
months period and are subject to severe penalties for early cancellation. (see
below)
The subscriber must certify that he or she is at least 18 years of age.
Term and Termination
- This agreement shall have an initial terms of 1, 12 , 24 or 36 months from the date
of execution hereof, as specified by the sign up request. The User
can cancel any time during the first 30 days for full refund. Cancellation after
the first 30days of signing up or renewal of service the subscriber will be refunded their
payment less the pro-rata monthy hosting rate fee for the time of service provided less
the cost of domain name registration (if applicable) less a $25.00 handling fee. For
Credit card or PayPal payments a period of 6 months must elapse from the time of payment
untill a domain name can be released to another Registrar.
- Provider reserves the right to terminate this agreement, and to delete the website from
its hardware, immediately upon the occurrence of any of the following events:
- Non payment of any charges due from User.
- Breach of any term or condition of this agreement by User.
- Commencement of any lawsuit or proceeding against User arising from or relating to its
use of the website, whether or not such suit names Provider as a party or seeks and
recovery from Provider.
Indemnification of Provider/Relationship of Parties
- User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge,
or expense, including reasonable attorney fees and costs of defense, for any matter
arising from or relating to User's website provided hereunder.
- Nothing contained herein shall be deemed to create a relationship between the Provider
and User in the nature of a partnership, joint venture, editor/publisher or otherwise.
Both parties acknowledge and agree that Provider has no interaction with the data or
substance of User's website, except as necessary to maintain the website.
- The Provider will not be responsible for any loss of sales revenue due to a site
being unavailable for any reason.
Backup and Storage policy
VirtualHostingServices.Net (Novaproducts - Hawaii) backs
up all server configurations on a regular basis, which helps in restoring the existing
configurations in case of hardware failure. It is not possible to
restore individual sites or the data for individuals . Therefore we encourage our
customers to back up their web site contents on a regular basis. VirtualHostingServices.Net (Novaproducts - Hawaii)
accepts no responsibility or liability for possible permanent data loss.
To maintain the high performance of the servers we need to clean/delete the stats log
files from time to time. Customers are advised to make copies of the log files regularly
and before deletions, as VirtualHostingServices.Net
(Novaproducts - Hawaii) does not provide an individual log files recording or
storage facility. VirtualHostingServices.Net (Novaproducts -
Hawaii) accepts no responsibility or liability for loss of log files after deletion
of log files.
VirtualHostingServices.Net (Novaproducts - Hawaii)
provides access to a real time graphics stats server for each domain. We encourage our
customers to export all the necessary stats records on regular basis. Due to the
involvement of third party components and the complexity of links between domains and the
stats server, neither VirtualHostingServices.Net
(Novaproducts - Hawaii) nor any third party hold any responsibility or liability
for any stats data loss or corruption (if occurred).
Further more it is strongly advised that you retain a copy of each and every file or
data-type before uploading it on the VirtualHostingServices.Net
(Novaproducts - Hawaii) servers, as VirtualHostingServices.Net
(Novaproducts - Hawaii) does not accept any responsibility or liability for
permanent loss of data, in any form.
Governing Law, Arbitration, and Venue
- This Agreement will be governed by and construed in accordance with the laws of the
State of Hawaii. Any disputes arising under this agreement will be resolved by
binding arbitration, to take place in Honolulu, Hawaii
These Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding any variance with terms and
conditions of any order submitted. Use of VirtualHostingServices.Net
(Novaproducts - Hawaii) Service constitutes acceptance of these Terms and
Conditions.
Violation of any terms or conditions
are grounds for immediate account deactivation, with no refunds given.
We reserve the right to refuse or cancel service at our sole
discretion. |
