Terms of Service

User-Supplied Content

All services may be used for lawful purposes only. Through NetHosters, Inc's service, you may have access to chat areas, bulletin boards, webpages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the NetHosters, Inc network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.

NetHosters, Inc is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, NetHosters, Inc has the right, but not the obligation, to edit, remove, or deny access to such content. NetHosters, Inc may disclose any content or records concerning a customer's account as required to satisfy any Law, Regulation, Governmental Request, or Court Order. If NetHosters, Inc is required, by court order, to hand over to law enforcement, any disk drives or other hardware being leased by a managed server client, the client will be held responsible for all damages, not necessarily limited to the replacement cost of the hardware itself.

Pornography and sex-related merchandising are prohibited on all NetHosters, Inc servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to NetHosters, Inc's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.

Network Security

Customers may not use the NetHosters, Inc network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. NetHosters, Inc will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI Scripts

Each NetHosters, Inc account comes fully equipped with its own pre-configured CGI-bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by NetHosters, Inc is not allowed.

Chat Rooms

NetHosters, Inc prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem.

Server Resources

Any website that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs

Background Daemons in general are prohibited. NetHosters, Inc will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC

NetHosters, Inc prohibits its customers from operating IRC or IRC Bots on any of the servers in the NetHosters, Inc Network.

Backups / Restores

As a courtesy, NetHosters, Inc provides a backup service on shared hosting accounts. You can request our administrators to restore an earlier backup of your site or any files for a one-time charge of $50. Although NetHosters, Inc tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. NetHosters, Inc recommends that the customer frequently backup their site to their local computer. On most accounts, there is a backup manager that can assist you in this process. A backup may not be included with a managed server type plan. We recommend that managed server customers purchase a backup option to protect data.

Commercial Advertising/Mass Mailings

You must not use the NetHosters, Inc network, NetHosters, Inc equipment, or any NetHosters, Inc email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the NetHosters, Inc network, NetHosters, Inc equipment or any NetHosters, Inc email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, NetHosters, Inc reserves the right to disable your domain. In addition, NetHosters, Inc may impose a $250 penalty for each spam policy violation. NetHosters, Inc solely reserves the right to refuse or cancel service to known spammers. Lastly, NetHosters, Inc reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of Indecency and Obscenity Laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through NetHosters, Inc's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the NetHosters, Inc service in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the NetHosters, Inc network. If you use a domain name in connection with the NetHosters, Inc service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

NetHosters, Inc reserves the right at its sole discretion to refuse or cancel service. Violation of any of NetHosters, Inc's rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation

To authenticate a cancellation request, you must email us at accounting@nethosters.com from the contact email address that we have on file. You must include your account email address, account name, account password and the domain on which you want to cancel the hosting. We cannot accept cancellation requests over the phone for security reasons.

Billing will cease no sooner than 60 days from the calendar day that the cancellation request is sent. The un-used portion of pre-paid hosting fees are non-refundable.

30 Day Money Back Guarantee

NetHosters, Inc provides a thirty (30) day "no nonsense" money back guarantee for all direct shared hosting accounts. If, for any reason, you request cancellation before your first bill date, NetHosters, Inc will refund to you the first month's service cost, plus applicable setup fees. Please note that the setup fees for managed servers, co-located servers, and cPanel reseller hosting accounts are non-refundable.

Indemnification

Customer agrees that it will protect, indemnify, save, and hold NetHosters, Inc harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against NetHosters, Inc, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify and hold NetHosters, Inc harmless against liabilities arising out of:

• any injury to person or property caused by any products sold or distributed in association with NetHosters, Inc's services
• any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party
• copyright violation and any defective products sold to a customer from NetHosters, Inc's services.

Disclaimer

NetHosters, Inc will not be responsible for any damages your business may suffer. NetHosters, Inc makes no warranties of any kind, expressed or implied, for services we provide. NetHosters, Inc 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 NetHosters, Inc and its employees. NetHosters, Inc reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

NetHosters, Inc furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, NetHosters, Inc wishes to emphasize that in accepting services, customers indemnify NetHosters, Inc for the violation of any law or NetHosters, Inc policy that results in loss to NetHosters, Inc or the bringing of any claim against NetHosters, Inc. This means that if NetHosters, Inc is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against NetHosters, Inc, plus costs and reasonable attorneys' fees.