| Terms Of Service &
Acceptable Use Policy THE FOLLOWING TERMS OF SERVICE AND
ACCEPTABLE USE POLICIES APPLY TO ALL ACCOUNTS HOSTED ON NEXTPRESENCE SERVERS INCLUDING
RESOLD ACCOUNTS.
By using this service you are agreeing to the following Terms Of Service
(TOS) and Acceptable Use Agreement.
Next Presence may change these terms at any point without written notice. "We",
"Us" and "Our" refers to Next Presence.
We reserve the right to refuse service to any person, company,
organization or entity for any reason.
1. Contract Information
This contract agreement is only available to individuals who are able to
form legally binding contracts under applicable law. Persons under the age of 18 are
required to have permission from a parent/guardian in order to form this agreement and by
signing up for this service you are certifying that you are 18 years old or over or have a
parent/guardian permission to form into this agreement.
Upon completing your order the contract for the services we provide are
locked to the features and limits of the account you have ordered on that date and can not
be changed unless you upgrade or downgrade your account to a new plan at which time you
will enter a new contract based upon that plan offered on that date.
Your contract, with respect to features, limits do not change based upon
changes to our website or service. We reserve the right to change our website to reflect
different features, limits and prices than the plan you are entering into on the date of
order.
We reserve the right to form different contracts with new customers
based upon these changes.
Either party can terminate this contract at any time.
2. General
Your account will be set-up only after your order is verified. We use
every available means to verify an order including calling by phone and FraudCall.
You agree to keep your account updated with your correct contact
information in case we need to contact you regarding your account.
You agree to accept emails regarding your account and our service.
We reserve the right to cancel, suspend or delete your account at any
time without a written notice for violating these terms of service.
PROFESSIONALISM - You agree to act in a professional manner or at least
friendly when communicating with staff members and you understand that acting vulgar,
using profanity, namecalling or threats will result in a termination of your account
without notice. We try our best to help you with your problems, this behavior only stands
to worsen your situation.
3. Free Trial
Free trial is only valid for new customers and not valid for returning
customers.
We reserve the right to deny any person or business this free trial
based upon evidence that indicates he/she has already received a free trial.
You agree to pre-pay monthly for services at the end of any trial
period.
You agree to pay any set-up charges associated with providing your free
trial.
4. Acceptable Use/Content
You may only use the services provide for lawful purposes.
You may not host items such as IRC Bots, Proxy Scripts / Anonymizers,
Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare,
photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more
than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites,
Investment sites (FOREX, egold exchange), sale of any controlled substance without
prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker
focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute
Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or
link to warez content is prohibited.
You may not host websites intended to appear like they belong to another
website with the intent for fraudulent purposes. Any phishing attempts will have their
account removed immediately and reported to authorities.
You may not host copyrighted materials without the permission from the
authors and you may not offer for sale any counterfeit merchandise.
You may not host hate related materials or promote hate crimes. It will be
at our sole discretion as to the validity of hate materials.
Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's
We reserve the right to refuse service to anyone. Any material that, in our judgment, is
obscene or threatening is prohibited and will be removed from our servers with or without
notice.
Failure to respond to email from our abuse department within 48 hours may result in the
suspension or termination of your services. All abuse issues must be dealt with via
troubleticket/email and will have a response within 48 hours.
Potential harm to minors is strictly forbidden, including but not limited to child
pornography or content perceived to be child pornography (Lolita). Any site found to host
child pornography or linking to child pornography will be suspended immediately without
notice.
5. Support Policy
Next Presence technical support is limited to the account owner, contact
person on file or an authorized person of the organization that owns the account.
To protect the privacy of each customer, we reserve the right to first
verify if the person requesting support is a valid authorized individual on the account.
6. Reselling Terms (Customers who resell Next Presence services)
Reselling is permitted using shared or reseller accounts however you
must conform to these special terms if you engage in reselling Next Presence services.
As a reseller of hosting services you understand that you are solely
responsible for providing support to your customers and Next Presence will not provide
support to any 3rd party customers of resellers unless there is an agreement to do so by
Next Presence.
All resold accounts/services must conform to these terms of service and
acceptable use policy and may not breach any of the terms herein. In addition the client
understands that a breach of these terms by a 3rd party customer may result in a
suspension, cancellation or termination of the account in question. It is the sole
responsibility of the client to enforce these terms of service and acceptable use policy
upon his/her customers.
NO SOFTWARE MAY BE INSTALLED THAT ALLOWS MULTIPLE USERS TO CREATE CPANEL
ACCOUNTS. ONLY THE CLIENT MAY CREATE CPANEL ACCOUNTS USING WHM.
The creation of a demo account is strictly forbidden. Resellers can use
our fully secured demo account, see the reseller FAQ for more into.
7. Zero Tolerance Spam Policy
You may ABSOLUTELY NOT use this service as a means to send Unsolicited Commercial
E-mails, Bulk Mail or Spam to any lists. "Safe lists" and "double
opt-in" will be treated as spam. Please see the Mail Policy
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This
provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or
usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers.
Any account which results in our IP space being blacklisted will be immediately suspended
and/or terminated.
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 our
sole discretion. We also reserves the right to make any such modifications in an emergency
if deemed necessary.
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 will be
determined at our sole discretion.
8. Refunds/Guarantees/Cancellations
We do not give refunds for services after free trial periods. Only
accounts paid on the first month of service are eligible for 30 day refund. If you
continue service after a trial period you waive the 30 day money back guarantee.
REFUND, SHARED OR RESELLER - If for any reason you are
unhappy with your account within 30 days of the initial start of your shared or reseller
account you can get a full refund.
REFUND, VPS OR DEDICATED SERVER - Because of the cost
involved VPS and Dedicated servers do not qualify for refunds.
AFTER 30 DAY GUARANTEE - Any money paid in advance for
services is non-refundable. When you cancel your account, it will remain active and in
effect until the end of the current monthly billing cycle.
Cancellations - You must cancel your account before the start of the
next monthly billing cycle agreement. When you cancel your account, your account will
remain active until the end of the current billing cycle and then will be terminated at
the end of the current agreement month.
Domain name registration fees are non refundable.
9. Payment/Billing Information
You agree to supply the proper payment for the services received in
advance. Any money paid in advance for services after our trial period or 30 days from the
start of your account is non refundable.
You agree that until and unless you notify us of your desire to cancel
any or all services, those services will be billed on a recurring basis. Use our ticket
system to cancel your account.
The price you pay for services will never increase however we reserve
the right to change prices listed on our website.
It is your responsibility to ensure that your payment information is up
to date, and that all invoices are paid on time. We provide a 10 day grace period from the
time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days
and not paid will result in a $10 late fee and/or an account suspension until account
balance has been paid in full.
Payment is only accepted in US Dollars.
10. Security
Your use of these services is at your sole risk. It is your
responsibility to keep your passwords and important information safe at all times, never
give your password out to anyone.
Clients will be held responsible for any actions by third parties using
an account is a way that violates these terms even if that access was not permitted by the
client.
We do our best to keep your private information safe, we use trusted 3rd
party billing systems to keep financial information safe as well as encrypt other
information within our databases, including passwords.
Data Loss and Backups - It is your responsibility to keep backups of all
your files residing on your account and you agree to maintain all appropriate backups of
your files.
11. Resources
Users may not:
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 stand-alone, unattended server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared
servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to
torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the
local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")
INODES - The use of more than 50,000 inodes on any shared
account may potentially result in suspension. Accounts found to be exceeding the 50,000
inode limit will automatically be removed from our backup system to avoid overusage. Every
file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension however accounts
that constantly create and delete large numbers of files on a regular basis or causing
file system damage may cause your account to be flagged for review.
12. 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.
13. Indemnification/Arbitration
Customer agrees that it shall defend, indemnify, save and hold Next Presence 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 our servers.
By using any Next Presence services, you agree to binding arbitration. If any disputes
or claims arise against Next Presence or its subsidiaries, such disputes will be handled
by an arbitrator of OUR choice. All decisions rendered by that arbitrator will be binding
and final. You are also responsible for any and all costs related to such arbitration.
14. 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 disclaim 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.
15. IP Addresses
The client does not own an IP address and Next Presence can at our sole discretion
change the IP address assigned to a client at any time. We are bound by ARIN (American
Registry for Internet Numbers) policies with regards to IP addresses. IP addresses for
IP-Based virtual hosts will not be accepted as a justification for a new IP address.
Clients MUST use name based hosting where possible. We reserve the right to deny IP based
hosting or IP addresses unless the account will be SSL enabled or has special needs for
this service.
16. Disclosure To Law Enforcement
Next Presence may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful request from such
agencies. This includes any information residing on our servers.
We will cooperate fully with law enforcement agencies.
Revision History.
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