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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 policyThe 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:    W
e 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:

bulletPirated software
bulletHacker programs or archives
bulletWarez sites
bulletSite involving violence
bulletIllegal drugs
bulletSocial unrest
bulletPornography 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;

  1. 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.

  2. 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;

  3. Copyright infringement and;

  4. 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


 

  1. 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.
     
  2. 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.

     

  3. 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.

     
  4. 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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