Introduction

This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Net Elevation, (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). The Company believes it provides one of the best services in the industry, and provides the following policies in the best interests of the Company and the Company’s clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at http://www.netelevation.com//terms-of-service/. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to the Company at the following address: info@netelevation.com

What We Provide to You

We agree to provide web hosting services to you through our host computers on the following basis:

We will provide you with an IP address, username, and password to enable access to our service.

We will provide you with bandwidth. Bandwidth is measured by the data transferred to and from your account.

We will provide you with disk space. Disk space is the amount of space measured in bytes used on the servers). Disk space usage includes both web hosting account files and e-mail.

We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible.

But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled “Disclaimer”.

The reasons for these limits on our service levels are because: We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.

Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

General

Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.

Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.

System and Network

Introduction of malicious programs into the Company’s network or server (e.g., viruses, worms, malicious code).

Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section, “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

Executing any form of network monitoring which will intercept data not intended for the Customer’s server.

Circumventing user authentication or security of any host, network or account.

Interfering with or denying service to any other user on Customer’s host (for example, denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.

Creating an “active” full time ftp connection on a Company-provided account by using artificial means involving software, programming or any other method.

Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.

Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

Billing

Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers and Customer contact information.

Attempting to circumvent or alter the processes any billing procedures or procedures to measure web space, time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.

E-mail

Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”). Violation of this or any section of this Agreement will result in immediate account suspension and/or termination, as well as further penalties and refund ineligibility. Please note that this definition applies universally, whether or not the e-mails are intended for business purposes.

Sending UCE referencing an e-mail address for any domain hosted by the Company;

Sending UCE referencing a domain or web site hosted by the Company regardless of the source of the email sender (otherwise known as spamvertising a web site);

Sending UCE referencing an IP address hosted by the Company;

Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;

Harassment, whether through language, frequency or size of messages.

Unauthorized use, or forging, of mail header information.

Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.

Creating or forwarding “chain letters” or other “pyramid schemes” of any type.

Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.

Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties. Company is not obligated to provide advanced notice of account suspension due to violation of any Terms of Service and may at its discretion immediately suspend and/or terminate any account for violations.

The Company will be the sole arbiter as to what constitutes a violation of these provisions.

Customer Support

The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, e-mail, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.

Bandwidth & Utilization

In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.

The Company provides a generous amount of data transfer per account to our Customers so that they may create their Websites and have a significant amount of site visitors without having to worry about additional charges for traffic. While most Customers will not exceed their monthly data transfer limit we recognize that others may occasionally or consistently need more.

The Company reserves the right to review and limit bandwidth on any hosting account package or domain exceeding usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding their monthly data transfer allotment as monitored by Company will be given the opportunity to pay for excess usage at a rate specified with hosting package purchased. If Customer does not purchase additional bandwidth resources in order to come into compliance then Company reserves the right to either throttle the site’s bandwidth usage or suspend the site at its sole discretion.

Customer agrees to purchase additional monthly data transfer when their web site accounts exceed the monthly allotment during any month. A list of available data transfer packages is available by e-mailing info@netelevation.com/.

Customer may not use Customer’s Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file data transfer such as auction image hosting. Customer may not use Customer’s Website for “Warez group” download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion.

The storage and distribution of MP3 or other multimedia format files via the Company network is prohibited if the Customer does not own the full copyright of such files. Distribution of MP3 files even if the Customer has the copyright must be done solely via the Customer’s web site and not through third party external web sites linking direct to the files for download. Customer must prevent the direct linking to such files from external sites through anti-leaching scripts or other means available on the Internet.

The Company does not permit sites on the shared virtual servers that use more than 10% of system resources, or sites which in the Company’s view are detrimental to the enjoyment of the Company services by the Company’s other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations. If at any time the Customer’s website generates enough data transfer to affect the performance of the other customer sites on the server, the Company reserves the full right to offer Customer the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the Customer’s web site.

The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the Company data transfer traffic plan in any detrimental way will at the discretion of the Company, have their sites canceled and/or removed from the servers and have service charges assessed.

The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Websites which the Company must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources as is posted on Company web site. Acceptance of these Terms of Services, and/or use of Company’s services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.

Terms and Termination

Customer will not receive a refund for account suspension or termination for violation of policies.

By submitting a credit card on the order form, Customer agrees to authorize all charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.

Customer will not receive a refund for any setup fees, additional feature or resource fees or any fees other than the unused portion of the annual hosting fees.

Customer will be charged a $15 account reactivation fee for each site suspended due to a billing-related issue. Accounts are suspended the day after their annual renewal date if payment is not received by the renewal date. It is the customer’s responsibility to maintain a valid and working e-mail address listed with the company billing department at all times while service is being provided. Renewal notices are sent via e-mail to the contact email listed on customers account prior to annual renewal date. Failure to receive a renewal notice does not constitute grounds for non payment of renewal.

Customer shall pay the fees and other charges for Products and Services ordered from Company as published on this site at the time of order. Company reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account and immediately for new purchases.

Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discounts for future purchases if so made. Customer will not pay more than what is listed on company site at the time that customer ordered a specific service for the period of service agreed to.

The Company reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:

  • Non payment of any charges due from Customer;
  • Breach of any term or condition of this agreement by Customer;
  • Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Company as a party or seeks any recovery from the Company.

Payment for any charges are due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney’s fees and court costs, in event of a default for nonpayment of any amounts due the Company.

It is the customer’s responsibility to maintain an active e-mail address and notify company of any changes to the account administrative contact. Customers needing to update their information must do so via phone or e-mail to their account representative or to info@netelevation.com/. Failure to maintain accurate contact information and a working e-mail address will prevent the Customer from receiving important account notices and information and therefore is a serious matter.

Indemnification of Provider/Relationship of Parties

Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.

Security/Software

Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password and is responsible for maintaining login security.

Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.

Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.

Uploading a virus or worm or any harmful code or program of any kind to a Company server will result in account termination, service charges and/or prosecution.

Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs. Customer also acknowledges that the Company does not supply technical support for Microsoft FrontPage or Macromedia Dreamweaver. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a “Web host” issue.

Violation

Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be.

The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

Refusal of Service

The Company reserves the right to refuse service to anyone it so deems as a potential risk of violation of these Terms of Service.

If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation, termination or suspension and the Customer’s web site files and e-mails permanently deleted from Company servers.

Disclaimer

USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES. We distribute our service on an “as is” basis without warranties of any kind, either express or implied.

THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

We are not responsible for loss of customer content due to server or hardware failure. We do backup our systems regularly, but cannot guarantee the content is up-to-date or can be recovered in the event of system or hardware failure. It is always the customer’s own responsibility to have a full backup of their site at all times.

Finally, we wish to emphasize that in signing up for services and therefore agreeing to the Terms of Service, customers indemnify us for any violation of the customer of the Terms of Service, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Terms of Service, the customer will pay any damages awarded against us, plus costs and reasonable attorneys’ fees.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.

The Company reserves the right to revise or change these Terms of Service at any time.

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