This agreement represents the complete agreement and understanding between Namohosting.com and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement.
Upon notice published on-line via Namohosting.com services, Namohosting.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. USE OF YOUR ACCOUNT shall constitute your approval.
1. SERVICE
Namohosting.com, is a provider of web hosting, electronic commerce, and e-mail solutions and other related services (collectively, the "Services"). The Services are provided through the servers, telecommunication connections and all related hardware, software, data storage and network interface connections and other such items, owned, operated or leased by Namohosting.com. The use of any data or material by the Customer via the service provided by Namohosting.com is at the Customer's sole and absolute risk. Namohosting.com specifically disclaims and denies any responsibility for the completeness and/or accuracy of quality of any and all information obtained through the services to be provided hereby.
2. USE OF SERVICE
This agreement hereby is intended for the use of only one Website unless otherwise stated in service plan. It is for the exclusive use of the Customer specifically named on Invoice and/or Contract and does not extend to any other person or entity. Namohosting.com accounts can not be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in the original sales agreement. Customer may allow FTP access to its server and host web sites for its customers without violating this Policy.
3. NO WARRANTIES
Namohosting.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. Namohosting.com also disclaims any warranty of merchantability or fitness for a particular purpose. Namohosting.com will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. The customer is solely responsible for backing up their Website and reinstalling it should it become erased from our systems and equipment.
4. INDEMNIFICATION
Customer agrees that it shall defend, Indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees ("Liabilities") against Namohosting.com, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Namohosting.com against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Namohosting.com's server or services, material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement and any defective product which Customer sold on Namohosting.com's servers. As a result of this, Customer agrees that Namohosting.com shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Namohosting.com. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
5. RESTRICTIVE USE
Services provided to the Customer by Namohosting.com may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. and/or Canadian Federal, Provincial, or State/Provincial regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Namohosting.com reserves the right to remove any and all materials, which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
6. NET ABUSE
Net Abuse, in violation of our Acceptable Use Policy may result in the immediate termination of services. Net Abuse constitutes the following:
Spamming: sending unsolicited advertising to numerous email addresses, Usenet Newsgroups or Mailing Lists and/or generating a significantly higher volume of outgoing email than a normal user.
Trolling: posting outrageous messages to generate numerous responses
Mail-bombing: sending multiple messages without significant new content to the same user or to more than three Usenet Newsgroups or Mailing Lists on the same day.
Spamming by third parties to promote a Website hosted by Namohosting.com, using a non-existing email return address on a commercial solicitation, impersonating another person, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of or to inappropriate newsgroups are in violation of our AUP and of certain Provincial and State laws. Posting information, violating trademarks, copyrights or other intellectual property rights or intentionally inflicting emotional distress, posting of private, defamatory, scandalous, or information about a person without their consent violates our AUP. In all instances, Namohosting.com reserves the right to determine what defines the term 'Net abuse'. Termination by Namohosting.com under this provision shall not prevent Namohosting.com from seeking other legal remedies against Customer. Additional conditions may be found in our Acceptable Use Policy.
7. ACCEPTABLE USE
Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services, which send unsolicited advertisements. Customer may not use Namohosting.com services as a FTP Server or mirror site without prior written approval. Customer may not use Namohosting.com services to broadcast or publish anything which promotes discrimination, intolerance or hatred towards others. Namohosting.com reserves the right to determine what defines such abuse. Additional conditions may be found in our Acceptable Use Policy.
8. CANCELLATIONS
Namohosting.com reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for the first month's service are not refundable. If a customer re-registers after Namohosting.com's cancellation of the account without Namohosting.com's written consent, Namohosting.com will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Namohosting.com Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Namohosting.com for the Cancellation Code. Namohosting.com reserve the right to refuse or cancel service at our sole discretion.
Transferring your domain to another provider does not constitute canceling your Namohosting.com account. You must notify Namohosting.com to formally cancel your account with Namohosting.com to avoid further charges. Cancellations must be submitted in writing, via Mail Post or Fax, signed by the contracting party.
All accounts scheduled for closing or non-renewal will be deleted at 9:00pm PST on the final day of paid-up services. It is the Customer's responsibility to ensure that all files and email has been backed up and appropriate arrangements made to ensure no loss of data or email occurs once your account has been deleted from our servers.
9. REFUNDS
Cancellations will NOT generate ANY refund, without limitation, the refund of any or all service fees, transfer fees, domain registration fees, design / development fees, software purchase fees, and any promotional discounts, etc. Customers will be automatically charged non-refundable additional fees, in the event that the Customer is in excessive use of the agreed upon services, including but not limited to the use of additional bandwidth and file transfers in excess of plan limits.
10. OVERAGE CHARGES
Although all hosting packages permit a specified amount of data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
11. VIOLATIONS
Any party seeking to report violations of Namohosting.com's policy may contact us via e-mail at: abuse@namohosting.com
12. CONTACT INFORMATION
It is the responsibility of the customer to contact Namohosting.com of any changes to their account, such as phone number, address, email address, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account. On occasion, Namohosting.com may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.
13. TAXES
Customer shall be responsible for paying all taxes of any nature which except for taxes on Namohosting.com's income, irrespective of which party may be responsible for reporting or collecting such taxes.
14. AGE OF MAJORITY
Namohosting.com requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Namohosting.com cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
15. GOVERNING LAW
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the STATE OF CALIFORNIA and you irrevocably consent to the jurisdiction of such laws.
16. CGI SCRIPT POLICY
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation or service to other Namohosting.com clients. You will be notified with 24 hours notice about offending cgi scripts. No chat room, Bulletin Board (BBS), IRC, or similar scripts are allowed without prior written approval and are always subject to removal without notice. See our FAQ's for more information regarding CGI Script limitations.
17. DOMAIN NAME POLICIES
Domain Name registrations done through Namohosting.com or by Namohosting.com on the customer's behalf, and Domain Names hosted by Namohosting.com are governed by the policies set forth on the Domain Policy.
18. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect. IN WITNESS WHEREOF the parties intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument with each party warranting their ability to enter into this agreement for the person or entity pursuant to the laws of the State of California.
