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Acceptable
Use and Indemnification Policy
Our hosting reserves the right to change this
Policy any time. As a hosting company we can not contact every
client for any changes in the policy thus it is up to the client
(YOU) to check this page at least once a month or when
you are in doubt.
Netaccess4u.com, LLC strives to provide the best possible
service to each and every one of our customers, but we will not
tolerate any unlawful activity, abuse or illegal sexual conduct
on our hosting servers. We respect freedom of speech and your
first amendment rights but when you deal with the internet your
actions in one part of the country may be legal but illegal in
other. The guidelines below are imposed to protect you and other
companies hosting on our server against
shutdown for wrongful actions of others.
Spam
we are committed to a zero-tolerance,
anti-spamming policy. The
sending of any unsolicited email advertising messages to this
domain will result in the imposition of civil liability against
you in accordance with California Business & Professions
Code Section 17538.45. (Laws
against Spamming 17538.45 Click here). Under
our policy and under the Laws of the State of California
Spamming
is prohibited. Spamming is any unsolicited commercial email,
being sent either over our ISP and Hosting server network, by your
client/customers or any anyone using your ISP or Hosting Web
Site. Many states have passed laws against sending unsolicited
email. If you are in business, you realize the cost
to your company from such unsolicited email.
Spamming also includes messages sent to advertisers or
mentions a site hosted on any of our hosting servers).
Selling or distributing products to promote spamming is prohibited.
Violations are serious and Netaccess4u.com reserves the
right to terminate the services, without prior notice, of any
customer disregarding this policy and shall be considered a
breach of your contractual agreement with us.
Client/customer (you)
further understands that NetAccess4u or any provider we work
with reserves the right to make any
changes to the policy at any time without any warning to you.
Account Ownership
What Netaccess4u.com is responsible for: We are
responsible to the present owner of the web hosting space.
It is our goal to keep your space up and running 99.9 % of the
time. We can NOT and no web hosting company can guarantee
100% to always be operational. Even the best backup
system, and the top quality servers which we feel you have here,
can
be without the possibility of malfunction and down time in
internet service. We are NOT responsible for any
loss of sales if the server is down for a period of time.
We can not guarantee that the national or regional internet
network will always be operational since these links are beyond
the control of us. Not even the most
dedicated hosting and ISP servers can guarantee the primary
hosting server or links will continue to be operational at all
times. We do guarantee we will do everything possible to
keep your use of the internet as operational as possible.
If any links in our internet server loses access with the
world wide web we will do our best to reestablish it as soon
as possible and without any additional cost to you whenever
possible. Please understand the Federal Government
and state agencies can cause a disruption in internet access in a
national emergency and we are not responsible for any loss of
service due to these interruptions. We do our
best to verify ownership of ISP and WEB HOSTING by credit card
number (if paid for by credit card), name, address, username,
& password. If you give this information to any other party,
you risk having your web site and any other information on your
account changed and/or deleted. Never give your user name or
password to anyone other than Netaccess4u.com. We are not
responsible for any information on your account should you
reveal this information.
Content Policy
You may use the Web Space and ISP for lawful purposes only.
Transmission, storage, or presentation of any information, data
or material in violation of any United States Federal, State,
County or City law is prohibited. This includes, but is not
limited to: copyrighted material, trademark, intellectual
property, material we judge to be threatening or obscene, or
material protected by trade secret or use to incite others to
act which we deem or any governmental agency deems
unpeaceful with the intent to cause riots or civil
violence, will be shutdown until removed. The web can be a
great place to get your views expressed. Our goal is to
keep the internet as free as possible from government
interference by only seeking client/customers who benefit our
users. We also reserve the right to terminate the hosting
agreement with our hosting server. The subscriber agrees
to indemnify and hold harmless Netaccess4u.com and it employees
from any claims resulting from the use of the service which
damages the subscriber or any other party. Pornography and
sex-related merchandising is prohibited on all our hosting
servers. The risk of being shut down by the government is
not worth the risk to all of our clients/customer. Out
goal is to provide quality, low cost services. Also sexual items
not allowed on our server are sites that may infer sexual
content, or link to adult content elsewhere.
Client/Customer (you) fully agree that Netaccess4u.com or it's
affiliate, and it's employees will be the sole arbitrator in
determining violations of this provision. Furthermore, you
understand Netaccess4u.com prohibits any sites that promote any
illegal activity, illegal drug use or present content that may
be damaging to Netaccess4u.com or our hosting servers or any
employees of Netaccess4u.com or any other server on the internet. Links
to such materials are also prohibited. Examples of unacceptable
content or links:
 | Pirated software |
 | Hacker programs or archives
|
 | Warez sites |
 | Site involving violence |
 | Illegal drugs |
 | Social unrest |
 | Pornography or sex
related material |
You further agree that Netaccess4u and it's employees partners
or owners will be the sole arbitrator as to what constitutes a violation of
this provision. Furthermore Netaccess4u.com does not host sites
of its competitors or web pages promoting sites of its
competitors.
Any deliberate attempt to cause damage to Netaccess4u.com or any
other internet servers will result in immediate account
deactivation without prior notice. No refund is given in this
case and you will be billed the monthly rate instead of the
discounted rate.
Email Policy:
Netaccess4u may not be the source, intermediary, or
destination address involved in the transmission of any
unsolicited email, email bombs, hate email, or any mass email.
Your email account may not be referenced as originator,
intermediary, or reply-to address of such email. We consider
unsolicited mass email as any unsolicited email messages sent to
more than 25 email addresses or more than 10 news groups.
Chat Policy:
Netsccess4u.com does not allow chat room hosting. However
blog are allowed
CGI Scripts 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 effect normal server operation or service to
other hosting clients/customer. This is for the protection of
all our customers, we also reserve the right to discontinue
service to those customers who continue to run scripts that
effect normal server operation or could affect other servers. No
chat rooms or similar scripts allowed unless you obtain our written
permission to do so.
Sub hosting Policy:
Sub hosting (hosting more than one web site with a single user account) is generally not allowed on
web
servers unless you sign up for the sub-domain account for each
domain name that you want to point to a sub-directory under your
main account. You must have one main account to have any
sub-domain accounts.
Traffic Policy:
We give our clients/customer a generous traffic limit many times
more than most servers. Very few sites ever reach
the traffic numbers, unless they offer shareware, sound, video,
image and multimedia archives, are mirror sites or any site
whose primary purpose is downloading. As our
customer, you are discouraged from storing any files that cause
excessive traffic to our host servers. If you feel your
demands will be substantial as to exceed the amount indicated you
should contact our support team for more information of ways you
could either stay within the limits or to host your own.
Over 99% of our sites never reach their
traffic limits.
We reserve the right to charge additional fees for sites that
exceed traffic limits. Sites that exceed their traffic limits
may be suspended or be required to change service to another server
we could offer you or obtain additional bandwidths
as an additional traffic package.
Backups:
It is client's responsibility to back up their site on a regular
basis. We make NO guarantee of any kind, either expressed
or implied, as to the integrity of these backups. As
anyone knows, backups do not always work as desired due to many
factors. It is the client's sole and complete
responsibility to maintain local copies of their web content and
any information on their account including but not limited to
websites, emails, databases, mailing lists, and archives.
Indemnification Policy:
We reserves the right to refuse to
host anyone without giving a reason as long as we are not
refusing service for any reason not prohibited by law. We
reserve the right to terminate service to any customer for any
reason. Certainly this is not something we would do since
we are in business for our customers. However,
by signing up you agree to use all our services and facilities at your own
risk. We and nettaccess4u.com specifically disclaims all
warranties of merchantability and fitness for a particular
purpose. In no event shall we be liable for any loss, or loss of
data, or other commercial damage, including but not limited to
special, incidental, consequential or other damages.
Client/Customer (YOU) agrees that you shall defend, indemnify,
save and hold NETACCESS4U and its owner harmless from any and
all demands, liabilities, losses, costs and claims, including
reasonable attorney fees asserted against Netaccess4u or any web
site own by netaccess4u or it owners,
its agents, employees, 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, it’s agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless us against
liabilities arising out of;
-
Any personal injury to
person or property, trademarks, copyrights, caused by any
products sold or otherwise distributed in or on any
connection with Netaccess4u.com server.
-
Any material supplied by
customers infringing or allegedly infringing on the
proprietary rights of a third party whether it is a
individual, company, corporations, Limited Liability Company
or any other third party;
-
Copyright infringement and;
-
Any known or unknown
defective products sold to your customer from the Netacess4u.com
server.
Netaccess4u.com shall be the sole judge of what violates this
Policy.
Telephone Support:
Client/customer agrees to use the Solution Desk for technical
support issues.
Payment Policies and
Fees:
Full payment is required before any hosting service is rendered
to you (Client/customer), which includes renewals. All
payment due notices will be sent by electronic mail.
Cancellation Policy:
You may cancel at anytime. Read the cancellation police
when ordering
Resellers: see information under you plan.
Uptime Guarantee:
If our servers are not up 99.9% of the time during your first 15
days of hosting we will gladly give you a full refund on your
hosting services on monthly plans (excluding any setup fees) and
cancel your account. Just go to our
cancellation
page and follow our cancellation instructions. Be sure
to mention that you would like a refund based on our 99.9%
Uptime Guarantee and provide the information requested.
Even if you don't have your site running and we are operational
then the 15 days are being counted.
Any illegal activity, including adult content, links to adult
content web sites, spamming or
hacking will result in your site being shut down and all your
files deleted without warning and no refunds
- MONITORING THE SERVICES.
NetAccess4u is under no
obligation to monitor the Services or any services you pay for, but
may do so for any reason NetAccess4u.com fee necessary and it is
NetAccess4u sole discretion to do so. This may include but not
unlimited to satisfy laws, regulations, or governmental or legal
requests; operate the Service properly; or protect itself and its
other subscribers. NetAccess4u or its agent may takes any steps to
immediately remove your material or information from our servers, in
whole or in part, which is at our sole and absolute discretion.
DISCLAIMERS.
ALL NETACCESS4U.COM OR ITS
PARTNERS IN
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NETACCESS4U DOES NOT WARRANT THAT ANY SERVICES WILL BE UNINTERRUPTED,
OPERATIONAL, ERROR-FREE, VIRUSES FREE, OR OTHER HARMFUL
COMPONENTS. BY BUYING OUR SERVICE YOU UNDERSTAND THAT NETACCESS4U
MAKES NO EXPRESS WARRANTIES AND YOU WAIVES ALL IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY
MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NETACCESS4U.com
LLC OR THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NETACCESS4
OR ITS OWNERS OR AGENT OR ITS REPRESENTATIVES, OR EMPLOYEES SHALL
CREATE A WARRANTY. FURTHERMORE NETACCESS4U AND IT'S EMPLOYEES ARE NOT LIABLE FOR
ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF
THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, ANY ADVICES GIVEN
BY TECH SUPPORT ARE JUST SUGGESTION AND SINCE EACH COMPUTER MAY BE
DIFFERENT ANY ADVICE OR SUGGESTION RESPONSIBILITY LIES WITH THE CLIENT
(YOU) TO DETERMINE IF SUCH ADVICE WILL AFFECT YOUR COMPUTER IN ANY WAY
OR NOT. FURTHERMORE YOU WAIVE ANY AND ALL INCIDENTAL,
EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN
ANY EVENT, NETACCESS4U CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL
CLAIMS RELATING TO THE USE OF THE SERVICES, WEB DESIGN, HOSTING, SHALL
NOT EXCEED THE TOTAL
AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.
ADDITIONALLY NETACCESS4U SHALL
HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES,
SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS OR THIRD PARTY
ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF
SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE
SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE
MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF
THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU
OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,
TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR
INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS
OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL
SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE PROVIDED OR SERVICES THROUGH
THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION
APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF
NETACCESS4 ITS OFFICERS, OR MEMBERS, EMPLOYEES,
AGENTS, CONTRACTORS OR REPRESENTATIVES SALES STAFF WHICH, BUT FOR THIS
PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST
NETACCESS4U OR ITS OWNERS IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE.
YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY
SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO
STATE.
JURISDICTION.
Under California Civil Code
Section 1789.3, Members or Visitors who are residents of California
are entitled to the following specific consumer rights information:
the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at 1020
N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
in in case of web hosting or domain names the state of AZ
This Agreement is governed by
CALIFORNIA law without regard to conflict of law provisions.
Ior if involving Web hosting or Domain Names ALL LEGAL ACTION BROUGHT AGAINST NETACCESS4U OR IT'S OWNERS must be brought in
the County of San Diego the State of California. All
actions against it agents are brought in the state of AZ/ The federal and state
courts located in California alone have jurisdiction over all
disputes arising out of or related to this Agreement and the Services.
You consent to the personal jurisdiction of such courts sitting in El
Cajon, California with respect to such matters or otherwise
between you and NETACCESS4U.COM OR ITS OWNERS and you waive your rights to removal or
consent to removal.
OTHER TERMS OF THIS AGREEMENT AND OUR POLICY
This Agreement, the Acceptable
Use Policy, and NetAccess4u's other Agreements and policies posted on
www.netaccess4u.com web site
constitute the entire agreement between you and NetAccess4u
with respect to your use of the Service.
If is understood that
NetAccess4U. may revise, amend, or modify the Agreements at any
time and in any manner. Notice of any revision, amendment, or
modification will be posted on our web site at NetAccess4u.com.
Copyright © 2001,
2006
Netaccess4u.com
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