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TERMS OF USE
Overview nethat.com provides Internet World Wide Web page hosting, Marketing, and Development. nethat.com has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. nethat.com general policy is to act as a provider of Internet presence. nethat.com reserves the right to suspend or cancel a customer's access to any or all services provided by nethat.com when we decide that the account has been inappropriately used. Server Abuse Any attempt to undermine or cause harm to a server, or customer, of nethat.com is strictly prohibited. Unauthorized use of other people's accounts or computers nethat.com will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a nethat.com customer, whether or not the attacked account or computer belongs to nethat.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE - nethat.com has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by nethat.com to be unacceptable use of nethat.com's services including abuse of server resources. Shared hosting accounts may be terminated that include the following content or which have links to the following content:
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. nethat.com takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:
99.6% Uptime Guarantee (1.) Coverage This 99.6% uptime guarantee applies to any nethat.com client in good financial standing with nethat.com at the time of a service outage. (2.) Service Level Agreement & Specifications nethat.com endeavors to have the content of your web site available for http access by any party in the world 99.6% of the time. Network downtime (unavailability) is defined as 100% packet loss from nethat.com to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via nethat.com's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the nethat.com NOC. nethat.com's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the nethat.com network. (3.) Credit In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@nethat.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by nethat.com. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage. (4.) Restrictions Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at nethat.com , (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond nethat.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in nethat.com's "terms of conditions and acceptable use policy" causing a machine to fail as a result. CGI Scripts Each shared web hosting 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 effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers) Chat Rooms We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the nethat.com Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Abuse of SMTP Mail Server We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@nethat.com to have your domain moved. Background Running Programs We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers) IRC We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network. Disk Overages All nethat.com accounts come with metered disk space. Should you use more than your alloted disk space you will be charged $.25 per megabyte per month. Payment Policies All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. nethat.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies nethat.com at cancel@nethat.com to request for termination of services. All payment is in U.S. currency. nethat.com will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All nethat.com accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@nethat.com should you wish to change your anniversay billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason nethat.com will charge your account an additional $1.00 service charge every time your card is declined. Cancellation nethat.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by nethat.com if nethat.com institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of nethat.com's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if nethat.com is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if nethat.com is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via our cancellation forms at cancel@nethat.com. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. Intellectual Property Rights Material accessible to you through nethat.com'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 nethat.com or its servers and network 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 nethat.com network. If you use a domain name in connection with nethat.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the nethat.com 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. nethat.com 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. Electronic Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static / Dynamic Content Caching You expressly (i) grant to nethat.com a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by nethat.com under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address Ownership nethat.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by nethat.com and nethat.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name Registration Customer agrees to pay nethat.com prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the nethat.com price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. nethat.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from nethat.com to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by nethat.com) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to nethat.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. nethat.com will reinstate Customer's domain name registration solely at nethat.com's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Lawful Purpose nethat.com reserves the right to refuse service to anyone. Customers may only use nethat.com server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of nethat.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Charlestown, NEVIS and any dispute will be litigated or arbitrated in St. Kitts and Nevis. IN NO EVENT SHALL nethat.com'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD nethat.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST nethat.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS nethat.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH nethat.com'S SERVER; (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 CUSTOMER FROM nethat.com'S SERVER. Disclaimer (Details here) nethat.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. nethat.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. nethat.com 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 nethat.com AND ITS EMPLOYEES. nethat.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF nethat.com MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
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