Nonplus.net Hosting (referred hereinafter as 'Nonplus.net', 'our', 'we' and 'us') is a hosting service that I provide to my friends and relatives. All accounts on the
web server are subject to the terms and conditions described in this document. Under the terms of
this agreement, your placement of information on my server is an acknowledgement that you have
read, understand, and agree to be bound by terms and conditions below.
1. User Conduct
Nonplus.net services may only be used for lawful purposes -- any use of these services
which violates any laws which may apply to Nonplus.net, your local jurisdiction, or any jurisdiction
that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive,
pornographic, indecent, profane, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Restrict or inhibit any other user from using and enjoying the
Internet.
Nonplus.net reserves to the right to the final decision on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on this server:
- Run any process that
requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any site with adult-oriented content, including but not limited to any pornographic material.
Users are also required to abide by the following:
- Databases are only to be used for Nonplus.net-hosted web sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam.
Any user who sends out spam will have their account terminated without notice.
Nonplus.net reserves the right to require changes or disable as necessary any web
site, account, database, or other component that does not comply with this policy, at its sole discretion.
Nonplus.net also reserves the right to make any such modifications in an emergency at our sole discretion.
3.
Indemnification
You agree to indemnify, defend, and hold harmless Nonplus.net from any and all
liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or
resulting indirectly from your use of the service which damages either you, Nonplus.net, or any other party or
parties without limitation or exception. This indemnification and hold harmless agreement extends to
all issues associated with your account, including but not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
Nonplus.net reserves the right to refuse or discontinue service to anyone at
Nonplus.net's sole discretion. Nonplus.net may deny you access to all or part of the service without notice if
you engage in any conduct or activities that Nonplus.net in its sole discretion believes violates any of the
terms and conditions in this agreement. Nonplus.net shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor any responsibility for any consequences resulting from
such discontinuance or lack of notification. You agree that Nonplus.net has the right to monitor the service
electronically from time to time and to disclose any information as necessary to satisfy the law, or to
protect itself or its subscribers. Nonplus.net reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in
violation of this agreement. Nonplus.net also reserves the right to refuse refunds in cases where
Nonplus.net believes abuse has taken place. Refunds are issued within 2-4 weeks of cancellation and/or account closure.
5. No warranties
Nonplus.net makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as is" and "as available" basis without warranties of
any kind, either express or implied, including but not limited to warranties of title, non-infringement, or
implied warranties of merchantability or fitness for a particular purpose. No advice or information given
by Nonplus.net or its agents or employees shall create a warranty. Nonplus.net provides no warranty that the
service will be uninterrupted or error free or that any information, software or other material accessible on
the service is free from viruses or other harmful components. Under no circumstances shall Nonplus.net be
liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your
use of or inability to use the service, or for third parties' use of the service to access your Web space, or
to access the Internet or any part thereof, or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of
performance. If you are dissatisfied with Nonplus.net service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the
service.
You understand that by placing information on Nonplus.net's servers that such
information becomes available to all Internet users and that Nonplus.net has no way of limiting or restricting
access to such information or protecting such information from copyright infringement. You assume
total responsibility and risk for your use of Nonplus.net's servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and
other information, and the quality and merchantability of all merchandise provided through Nonplus.net or on the
Internet generally.
Your use of the service is at your sole risk. Nonplus.net is not responsible for
files and data residing on your account. You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored on Nonplus.net servers.
You agree not to interfere
with the operation of the system. You further agree not to interfere with the proper operation of other systems
reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system
policies as published by Nonplus.net, including restrictions on services available with each service type, restrictions on certain features, and all other
policies. You agree to abide by any and all future Nonplus.net policy decisions.
Nonplus.net reserves the
right to monitor any and all communications through or with our facilities. You agree that Nonplus.net is not
considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy
is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account,
are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order
to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to
supply Nonplus.net with a current and truthful name, postal address and telephone number for our records, and
you have a continued obligation to keep this information current. You also agree that you are an authorized
user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully
investigate any possible fraudulent credit card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a
reseller. You understand that as a reseller, you are the individual solely responsible for all use of the
account.
8. Payment & Other
Information
You agree to supply
appropriate payment for the services received from Nonplus.net, in advance of the time period during which
such services are provided. You agree that until and unless you notify Nonplus.net of your desire to cancel any
or all services received, those services will be billed on a recurring basis.
9. Agreement
Acknowledgement
This agreement supersedes
any written, electronic, or oral communication you may have had with Nonplus.net or any agent or representative
thereof, and constitutes the complete and total agreement between the parties. Should any
provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in
full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing
to maintain or place information on Nonplus.net's servers
you are stating and acknowledging that you have read the aforementioned terms and conditions and that you
understand such terms and conditions and agree to be bound by them.
10. Money Back Guarantee
Each plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the refund time
period specified for your plan, you will be given a full refund of the
contract amount excluding overages. No refund is available after that
period. This policy does not apply to any additional services such as
overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by Nonplus.net for violating our Acceptable
Usage Policy do not qualify for the 30-day money back guarantee. Only
first-time accounts are elegible for a refund. For example, if you've
had an account with us before, cancelled and signed up again, you will
not be elegible for a refund. This is to protect our refund guarantee
from being abused. To receive a full refund, contact our customer service
departement.
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