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Terms of Use |
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Overview |
This document is intended to provide a basic understanding of Negox!
Internet Solutions, LLC's Acceptable Use Policy and Terms of Service.
The following are guidelines for the establishment and enforcement of
Negox! Internet Solutions, LLC's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well
as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet services
- Preserve the privacy and security of individual users
- Negox! Internet Solutions, LLC intends to provide its customers
access to everything the Internet has to offer.
- While Negox! Internet Solutions, LLC is firmly committed to the
principles of free speech, certain activities that may be damaging
to the resources of both Negox! Internet Solutions, LLC and the
Internet and cannot be permitted under the guise of free speech.
We support the flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Negox! Internet Solutions, LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Negox! Internet Solutions, LLC account WITHOUT PRIOR NOTICE.
The resources of Negox! Internet Solutions, LLC and the Internet are
limited, and abuse of these resources by one user has a negative impact
on the entire community. |
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Terms of Service and Acceptable Use Policy |
These Terms Of Service And Acceptable Use Policies ("Terms and
Policies") are an essential part of your relationship with Negox!
Internet Solutions, LLC By using your Negox! Internet Solutions, LLC
account, you agree to all of the Terms and Policies set out in this
document.
1. General Terms and Policies.
Negox! Internet Solutions, LLC is a private company providing website hosting and
e-mail services. Negox! Internet Solutions, LLC's equipment and facilities may be
used to conduct private and commercial transactions, send electronic mail, transfer
files, and otherwise participate in all legal aspects of the Internet
(these uses are referred to in this document as "the Service"), subject
to these Terms and Policies. The Service is provided to authorized
persons or organizations (referred to in this document as "Subscriber"
or "you"). Any use of the service is subject to any restrictions listed
below. By using the Service, you agree to be bound by all of theses
Terms and Policies. If you do not agree to be bound by these Terms and
Policies, you must cancel your account immediately and may not
thereafter use or attempt to use the Service. Negox! Internet Solutions,
LLC grants you a non-exclusive right to access, use and display the
Service on any computers or other electronic display devices of which
you are a primary user. You may not assign, sub-license or transfer any
rights or obligations of the Service without the express written consent
of Negox! Internet Solutions, LLC
2. Coverage.
If you are an individual Subscriber, these Terms and Policies apply to
all persons who gain access through your account. If you are a
commercial Subscriber, these Terms and Policies apply to all your
employees, agents and/or customers. In either instance, a violation of
these Terms and Policies by anyone using your account will be treated
as a violation by you.
3. Prices and Charges.
Negox! Internet Solutions, LLC charges for the Service are set at the
time the service is ordered. Negox! Internet Solutions, LLC will provide
notice to the Subscriber, via e-mail, 60 days prior to any changes in
pricing.
Enom registered domain renewals on domains expired but not yet in
redemption have a $4 processing fee to resume the domain to normal
status. Domains past the redemption period is a $200 processing fee.
All 2 week past due accounts that have been suspended after this grace
period will be subject to a $9.95 reactivation fee.
If you fail to pay for your account for 30 days after the date of the
invoice, Negox! Internet Solutions, LLC may without further notice
terminate your account. Termination does not remove your responsibility
to pay all fees incurred up to the date that Negox! Internet Solutions,
LLC terminates your account. If Negox! Internet Solutions, LLC incurs
any fees or costs in collecting any past-due amounts, including costs
of attorneys or a collection bureau, those fees and costs will be added
to the amount you owe.
4. Term.
The Service is provided to you on a month-to-month basis. Negox!
Internet Solutions, LLC must receive written notice of termination
(which may be by fax) from you at least one business day prior to end
of a month, or the Service will be provided and charged to you for the
following month. The notice of termination must be signed by the
Subscriber; notice of termination by e-mail is not acceptable.
5. Grounds for Suspension and Termination.
As an Negox! Internet Solutions, LLC Subscriber, you agree to comply
with these Terms and Policies. Any violation of either these Terms
and Policies may serve as cause for Negox! Internet Solutions, LLC to
suspend or terminate your account. You agree that Negox! Internet
Solutions, LLC has the right, with or without notice, to suspend or
terminate your account upon the first or subsequent occurrence of any
of the following:
- Using the Service in a way which constitutes violation of any
copyright, trademark, applicable statute, law, court order, tariff,
regulation, or treaty (including, but not limited to, intellectual
property, communications, privacy, criminal and international law);
- Using the Service in a manner intended to abuse or violate the
privacy or property rights of others, including but not limited to
sending of unsolicited bulk e-mail ("spamming"); this ground for
suspension or termination is separate from and in addition to the
fees which will result from such activity;
- Using the service to store, transfer, or advertise the
following: pornography, nudity, violations of privacy, computer
viruses, hacking, "warez", and any harassing and/or harmful material
or uses. Photos or videos showing frontal nudity on either men or
women for non-scientific or non-artistic purposes. Photos or videos
showing graphic violence or death.In addition, any site or site(s)
with hyperlinks whose revenue is gained in part or whole from its
adult content violate this policy. Negox! Internet Solutions, LLC
reserves the right to decide what it considers "adult content",
"adult material", "sexually explicit", or "sexually related". Let us
know if you are unsure of the approval of your site before placing
an order.Accounts violating this policy will be suspended at once
and deleted from our servers.
- Using the Service in an attempt to break security, or so as to
actually break security of any computer network (including the
Service itself), or to access an account, message, or file which
does not belong to you;
- Using the Service in such a way as to forge or misrepresent
headers, addresses, or other identification in website pages or
electronic mail, or using any other method to disguise the sender's
identity or location;
- Excess utilization of system or network resources, including,
but not limited to the use of CGI scripts or programs which consume
an unreasonable amount of Central Processing Unit ("CPU") usage or
Random Access Memory "RAM");
- Posting commercial messages to a USENET group for the purposes
of promoting your website, where the posting is not approved by the
specific USENET group in its charter;
- Using the Service to promote or solicit competing Internet
services;
- Using the Service for unauthorized relays through any third
party systems;
- Using the Service for mail-bombing, which includes any instance
where multiple messages are sent to a specific destination with the
intent to render the recipient and/or the electronic system serving
that recipient dysfunctional;
- Using the Service to add or attempt to add addresses to any
mailing list (yours or a third party's) without the explicit positive
consent of the addressee(s);
- A significant number of complaints regarding Subscriber's failure
to be reasonably accessible to Subscriber's customers or to fill
orders in a timely manner;
- Engaging in harassment, whether through language, frequency, or
size of e-mail messages;
- Using the Service to engage in syn flood attacks, which are
defined as overburdening a recipient computer system by sending a
high volume of spurious data which effective impedes or totally
disables functionality of the recipient system(s), or any other
methods of denial-of-service attacks; or,
- Furnishing false data on your sign-up form, contract, or online
application, including providing fraudulent credit card or other
payment information. No bill credit will be given for a period of
suspension. In the event of termination of your use of the Service
under this section, Negox! Internet Solutions, LLC may at its sole
discretion retain any or all amounts you have paid for use of the
Service as liquidated damages for your actions.
6. Security.
You agree not to access or attempt to access private areas of the
Service. You agree to notify Negox! Internet Solutions, LLC as soon
as you become aware of an unauthorized use of your account and/or any
breach or attempted breach of security on the Service.
7. Liability.
You agree that use of the Service is at your own risk. Except for
information, products, or services clearly identified as being supplied
by Negox! Internet Solutions, LLC, neither Negox! Internet Solutions,
LLC nor any of its affiliates controls, provides, operates, or is in
any way responsible for any information, products, or services
accessible through the Service. Negox! Internet Solutions, LLC neither
endorses nor is responsible for the accuracy of third-party material(s),
and you agree that Negox! Internet Solutions, LLC is not responsible for
any loss or damage caused by your use of, or reliance on, such material(s).
You agree to be liable for any damages or loss of service which results
in damages to Negox! Internet Solutions, LLC as a result of any spamming
or other violations of Section 5 above. These damages include, but are
not limited to, system shut downs, retaliatory attacks or data flooding,
and loss of peering arrangements.
You agree that in no event will Negox! Internet Solutions, LLC have
financial liability to you in excess of the dollar amount remaining
on your current service period.
8. Warranty.
NEGOX! INTERNET SOLUTIONS, LLC MAKES NO EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE
THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD NEGOX!
INTERNET SOLUTIONS, LLC ABOUT YOUR INTENDED USE OF THE SERVICE. NO
ORAL ADVICE OR INFORMATION GIVEN BY NEGOX! INTERNET SOLUTIONS, LLC
OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE
PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY NEGOX! INTERNET
SOLUTIONS, LLC ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; NEGOX!
INTERNET SOLUTIONS, LLC DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE
AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. NEGOX!
INTERNET SOLUTIONS, LLC DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF
ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
Negox! Internet Solutions, LLC provides a 99.95% uptime guarantee,
subject to the following conditions. If the Service is unreachable
for more than 0.05% of the year as a result of a failure of our
network or equipment we will credit your account for a month of free
hosting. This guarantee is your sole and exclusive remedy for any
and all downtime. Negox! Internet Solutions, LLC is not responsible
for outages elsewhere on the Internet that hinder access to your account;
we control only our links to the Internet, our network hardware, and
our servers. Any downtime that occurs during a scheduled maintenance
window shall not be counted towards Uptime Guarantee.
9. Privacy.
Negox! Internet Solutions, LLC commits to follow the controlling Federal
and state laws respecting Subscriber privacy and data access. Negox!
Internet Solutions, LLC will not provide names, addresses, telephone
numbers, e-mail addresses, or other personally identifiable information
on any Subscriber to any third party without prior permission from that
Subscriber, or as required under an appropriate court or administrative
directive, including a facially valid subpoena, or as necessary to
render the Service. Negox! Internet Solutions, LLC may provide aggregate
data on Subscribers to third parties in the operation of Negox! Internet
Solutions, LLC's business.
10. Disputes.
You agree that any dispute between you and Negox! Internet Solutions,
LLC arising out of your use of the Service on in any way based upon
your subscription to and/or use of the Service which cannot be resolved
between you and Negox! Internet Solutions, LLC will be submitted by the
aggrieved party for binding arbitration under the auspices of the
American Arbitration Association. Any demand for arbitration under
this Section must be filed with the American Arbitration Association's
office in Wilmington, Delaware. The arbitration must be held in
Wilmington, Delaware, and the arbitrator must be a person with
experience in online services operation.
11. Governing Law.
These Terms and Policies are governed in all respects under the laws of
the State of Delaware.
12. Amendments.
These Terms and Policies may be amended in any respect at any time by
Negox! Internet Solutions, LLC upon the posting of the amended Terms
and Policies on the Support section of the Service. Your continued use
of the Service will be deemed consent to any such amended Terms and
Policies. If you do not wish to continue to use the Service as a result
of any such amended Terms and Policies, you may provide notice of your
wish to terminate your use of the Service to customer service.
NO Spamming! NO Porno! NO Exceptions!
Negox! Team
Last Modified April, 2007 |
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