1.) Account Setup
We will setup your account after we have received payment
and we and/or our payment partner(s) have screened the
order(s) incase of fraud. It is your responsibility
to provide us with an email address which is not @ the
domain(s) you are signing up under.
2.) Content
All services provided by us may only be used for lawful
purposes. This includes, but not limited to: copyrighted
material, material we judge to be threatening.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double optin" will be treated
as spam. Any user who sends out spam will have their
account terminated without notice.
We reserve 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. We also reserves the right to make
any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of
the account used to send any unsolicited e-mail a clean
up fee. This cost of the clean up fee is left entirely
to the discretion of NGCwebHosting.net. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services
received from us, in advance of the time period during
which such services are provided. You agree that until
and unless you notify NGCwebHosting.net of your desire
to cancel any or all services received, those services
will be billed on a recurring basis.
We reserve the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are
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 our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you
an unconditional 30 day money back guarantee on managed
shared hosting, and reseller solution's. Refund requests
after 30 days will be refunded on a prorated basis of
any unused time.
Only first-time accounts are eligible for a refund.
For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible
for a refund or if you have opened a second account
with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then
90 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts, FTP,
PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services
are fully allowed.
c) Run stand-alone, unattended server-side processes
at any point in time on the server. This includes any
and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount
we reserve the right to suspend the account until the
start of the next allocation, suspend the account until
more bandwidth is purchased at an additional fee, suspend
the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional
fee for the overages. Unused transfer in one month cannot
be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund
will be honored, the 30 day money back guarantee does
not apply. We reserve the right to refund a prorated
amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never increase
from the date of purchase. We reserve the right to change
prices listed on our site, and the right to increase
the amount of resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save
and hold us harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against us, 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, its agents, employees
or assigns. Customer agrees to defend, indemnify and
hold harmless any liabilities arising out of;
(1) any injury to person or property caused by any products
sold or otherwise distributed in connection with us;
(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 customers from NGCwebHosting.net's
server.
12.) Disclaimer
We will not be responsible for any damages your business
may suffer. We make no warranties of any kind, expressed
or implied for services we provide. We disclaims any
warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service
interruptions caused by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its policies at any
time without notice.
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