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Terms of
Service (TOS)
NetBasics provides web hosting to people all around the
world. We have the responsibility to protect each client
and provide them with the best services available. The
following guidelines were designed to insure these
services.
Privacy Policy:
Your
privacy is important to us. To better protect your
privacy, we provide this notice explaining the online
information practices used at NetBasics. Our policy is
to never sell or exchange the information we collect
from our clients. The information collected will only be
used for the purposes of setting up Website Hosting
and/or Domain Registration. In addition to the
information you provide, we also log the IP number of
the client ordering our services to combat online fraud.
Billing - Payment:
Customer will pay to NetBasics the service fees for the
Services in the manner set forth in the Order Form.
Unless
otherwise specified, all fees and related charges shall
be due and payable within ten (10) days after the date
of the invoice. If any invoice is not paid within ten
days the account will be suspended.
There
is a $50 fee for any illegitimate chargebacks placed
against us. Any illegitimate chargebacks or threatened
illegitimate chargebacks are grounds for immediate
account cancellation.
If
NetBasics collects any payment due at law or through an
attorney at law or under advice there from or through a
collection agency, or if NetBasics prevails in any
action to which the Customer and NetBasics are parties,
Customer will pay all costs of collection, arbitration
and litigation, including, without limitation, all court
costs and NetBasics' reasonable attorneys' fees.
If any
check is returned for insufficient funds NetBasics may
impose a processing charge of $25.00.
In the
event that any amount due NetBasics remains unpaid
thirty (30) days after such payment is due the unpaid
services will be terminated.
Customer acknowledges and agrees that NetBasics may pre-
charge Customer's fees for the Services to its credit
card supplied by Customer during registration for the
Initial Term.
YOU
ACKNOWLEDGE, AGREE AND AUTHORIZE NETBASICS TO
AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR
SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM,
UNLESS TERMINATED OR CANCELLED BEFORE PAYMENT IS DUE.
Cancellation/Refunds:
To
cancel your account you must fill out our form located
at http://www.netbasics.com/cancel.html. Any attempts to
cancel by telephone, email, live chat, or our ticket
system will be rejected and billing will continue until
the cancellation form is filled out.
We have
a 30 day unconditional money back guarantee. To cancel
your account and receive a refund please go to
http://www.netbasics.com/cancel.html and fill out the
form to request in writing a refund and cancellation. To
cancel your account you must fill out the form at
http://www.netbasics.com/cancel.html. All cancellations
must be received within
30 days of account activation to receive a refund.
After cancellation notice is received refunds will be
processed within 10 days. Refunds will be issued
to the original form of payment only. Refunds are not
given on domain name registrations for any reason.
Dedicated servers and setup fees (ie. stacking domains,
dedicated, etc.) are non-refundable.
Activities Subject to Immediate
Deactivation:
Any
Hosting Account that is used for Illegal, Abusive or
Unethical Activity may be immediately deactivated by us
without warning to you. Any misuse or overuse of the
server will result in immediate deactivation of an
account. Illegal, Abusive or Unethical Activities
include, but are not limited to inclusion of or linking
to, pornography, obscenity, nudity, violations of
privacy, hacking, irc related scripts and programs, non
approved server scripts, eggdrops, computer virus, and
any harassing or harmful materials or uses, as
determined by us. You agree to indemnify and hold us
harmless from any claim resulting from your publications
or use of Illegal, Abusive or Unethical materials.
Although we will make reasonable efforts to alert you to
such activities and allow you an opportunity to cure
them within a 12-hour period after discovery, we are not
required to give notice before deactivating your use of
our services if, in our discretion, your use is or
results in Illegal, Abusive or Unethical activities. If
a Hosting Account is disabled, the regular monthly fees
still apply. NetBasics reserves the right to
Cancel/Deactivate any account at any time for any
reason.
Examples of non-acceptable content or links:
·
Pirated
software
·
Hackers
programs or archives
·
Warez
Sites
·
Adult
Sites
·
Illegal
MP3s
NetBasics will be the sole arbiter as to what
constitutes a violation of this provision.
Unsolicited Commercial E-Mail (spam):
You are
expressly prohibited from sending unsolicited bulk mail
messages ("junk mail" or "spam"). This includes, but is
not limited to, bulk-mailing of commercial advertising,
information announcements, and political tracts. Such
material may only be sent to those who have specifically
requested it. Malicious or threatening email is also
prohibited. We reserve the right to immediately
deactivate your use of our service if we discover such
activity. Further, you agree to indemnify and hold us
harmless from any claim resulting from your use or
distribution of electronic mail services through the
service provided through this Agreement. Anyone using
our services for spamming will be immediately subject to
a $250 cleanup/network abuse fee.
Definition of UCE (Unsolicited Commercial E-mail), or
spam:
·
The
bulk UCE, promotional material, or other forms of
solicitation sent via e-mail that advertise any IP
address belonging to NetBasics or any URL (domain) that
is hosted by NetBasics.
·
Unsolicited postings to newsgroups advertising any IP or
URL hosted by NetBasics.
·
The use
of web pages set up on ISPs that allow spamming (also
known as "ghost sites") that directly or indirectly
reference customers to domains or IP addresses hosted by
NetBasics.
·
Advertising, transmitting, or otherwise making available
any software, program, product, or service that is
designed to facilitate a means to spam.
·
Forging
or misrepresenting message headers, whether in whole or
in part, to mask the true origin of the message.
Spam,
mailing lists and other email restrictions:
Due to the increased problems and risk to our network,
NetBasics also prohibits the use of 3rd party mailing
lists and FFA's. Examples that we do not allow include
but are not limited to:
·
Safelist
·
Purchased / Sold mailing lists
·
FFA's
Impacts
to NetBasics:
Spam is
not only harmful because of its negative impact on
consumer attitudes toward NetBasics, but also because it
can overload NetBasics network and resources.
There
are many groups that report and block the networks that
spam is sent from. In the event spam is generated
off of ours or our customers servers, our network can be
blocked and this impacts other users putting our network
at risk.
Our
Providers:
Since
it is unsolicited, users who receive spam often become
angry and send complaints to our upstream providers.
This upsets our providers who abhor spam for the same
reasons that NetBasics does - it causes negative
consumer attitudes and drains resources. We strive to
maintain favorable business relationships in the Web
community and obviously will not allow any practice that
threatens these relationships.
Consequences/ Penalties for Spamming:
NetBasics reserves the right to terminate, without
warning, any account that violates this policy. Usage of
NetBasics services constitutes acceptance and
understanding of this policy.
NetBasics reserves the right to decide what it considers
"spam", "UCE", "mail bombing", or "bulk e-mail", and to
determine from all of the evidence whether or not the
e-mail recipients were from an "opt-in" e-mail list.
Should
you choose to e-mail from NetBasics servers, especially
if you use mailing lists, you must read and adhere to
the following guidelines, which are offered as a
statement of Internet standards and best current
practices for proper mailing list management and
preventing e-mail abuse.
Basic
Mailing List Management Principles for Preventing Abuse
Mailing
lists are a vehicle for distributing focused, targeted
information to an interested, receptive audience.
Consequently, mailing lists have been used successfully
as a highly effective direct marketing tool.
Unfortunately, some marketers misuse mailing lists
through a lack of understanding of Internet customs and
rules of the forum pertaining to e-mail. Others fail to
take adequate precautions to prevent the lists they
manage from being used in an abusive manner.
·
The
e-mail addresses of new subscribers must be confirmed or
verified before mailings commence. This is usually
accomplished by means of an e-mail message sent to the
subscriber to which s/he must reply, or containing a URL
which s/he must visit, in order to complete the
subscription. However it is implemented, a fundamental
requirement of all lists is the verification of all new
subscriptions.
·
Mailing
list administrators must provide a simple method for
subscribers to terminate their subscriptions, and
administrators should provide clear and effective
instructions for unsubscribing from a mailing list.
Mailings from a list must cease promptly once a
subscription is terminated.
·
Mailing
list administrators should make an "out of band"
procedure (e.g., a means of contact by which messages
may be sent for further correspondence via e-mail or
telephone) available for those who wish to terminate
their mailing list subscriptions but are unable or
unwilling to follow standard automated procedures.
·
Mailing
list administrators must ensure that the impact of their
mailings on the networks and hosts of others is
minimized by proper list management procedures such as
pruning of invalid or undeliverable addresses, or taking
steps to ensure that mailings do not overwhelm less
robust hosts or networks.
·
Mailing
list administrators must take adequate steps to ensure
that their lists are not used for abusive purposes. For
example, administrators can maintain a "suppression
list" of e-mail addresses from which all subscription
requests are rejected. Addresses would be added to the
suppression list upon request by the parties entitled to
use the addresses at issue. The purpose of the
suppression list would be to prevent subscription of
addresses appearing on the suppression list by
unauthorized third parties. Such suppression lists
should also give properly authorized domain
administrators the option to suppress all mailings to
the domains for which they are responsible.
·
Mailing
list administrators must make adequate disclosures about
how subscriber addresses will be used, including whether
or not addresses are subject to sale or trade with other
parties. Once a mailing list is traded or sold, it may
no longer be an opt-in mailing list. Therefore, those
who are acquiring "opt-in" lists from others must
examine the terms and conditions under which the
addresses were originally compiled and determine that
all recipients have in fact opted-in specifically to the
mailing lists to which they are being traded or sold.
·
Mailing
list administrators should make adequate disclosures
about the nature of their mailing lists, including the
subject matter of the lists and anticipated frequency of
messages. A substantive change in either the subject
matter or frequency of messages may constitute a new and
separate mailing list requiring a separate subscription.
List administrators should create a new mailing list
when there is a substantive change in either the subject
matter or frequency of messages. A notification about
the new mailing list may be appropriate on the existing
mailing list, but existing subscribers should never be
subscribed automatically to the new list. For example,
if Company A acquires Company B, and Company B has
compiled opt-in mailing lists, Company A should not
summarily incorporate Company B's mailing lists into its
own.
Mailing
Lists
We have a strict policy regarding use/spam on our
network, but we do allow use of mailing lists within the
constraints of our spam policy above. However,
sending thousands of e-mails off of a given server can
impact the performance of the server. Therefore we limit
the amount of e-mail allowed on our Shared Servers to
no more than
1000 e-mails per day and 30 emails in 25 seconds
.
Shared Server Resource Abuse:
NetBasics allows CGI, PHP, Perl and many other normal
processes used for hosting to be used on all Virtual
Servers. These processes can be resource intensive
however, and because a Virtual Server must be shared
with other users, we must limit how much of the CPU,
memory, disk I/O, disk space and database use can be
used by any one account on a shared server. Therefore
any program (application, script, etc.) or usage that
consumes too many resources that impacts other customers
in either performance or reliability is considered
resource abuse. Shared servers are 'shared' and we all
need to play fair. In the event a user requires more
resources than is acceptable on a shared server
environment, a dedicated server is recommended.
What
does NetBasics consider "System Resource ABUSE"?
Any
site whose traffic, programs and/or processes are using
excessive amounts of system resources. Excessive amounts
are defined as any amount that results in substantial
degradation of server performance. NetBasics is the sole
determinant of what constitutes degraded server
performance.
Examples include, but are not limited to:
Flat
File Database Driven Forums
Due to their use of flat files instead of databases,
NetBasics does not allow the use of
UBB or YABB
bulletin boards. Use of these boards for large
or very active forums, results in system performance
degradation, and cannot be allowed in our shared server
environment. NetBasics suggests using phpBB as a more
efficient, database-driven alternative to these bulletin
boards. Busy sites with large forums and data bases are
not suited to a shared server environment.
Background Running Processes
Background Daemons in general are prohibited on
NetBasics servers, including, but not limited to,
IRC bots,
eggdrop, BitchX, XiRCON, warez sites and
any other program that interferes with normal server
operation.
Cron
Jobs
We allow customers to set up cron jobs to perform
routine functions automatically. Due to the impact on
the server, running some automated processes can take up
considerable server resources and in those cases, our
technicians may disable the cron job.
Mailing
Lists
We have a strict policy regarding use/spam on our
network, but we do allow use of mailing lists within the
constraints of our spam policy above. However,
sending thousands of e-mails off of a given server can
impact the performance of the server. Therefore we limit
the amount of e-mail allowed on our Shared Servers to
no more than
1000 e-mails per day and 30 emails in 25 seconds
.
Liability:
NetBasics is in no way responsible for down time either
resulting from a user’s actions or natural fluctuations
in internet consistency. NetBasics will however, do
everything within its power to assure that each and
every client site is up as consistently as possible.
NetBasics is in no way responsible for the data on your
site. We do keep backups of every site we host but we do
not guarantee the usability of our backups. You should
always keep a backup of all data.
Public Nature of Internet:
Please
understand that all information submitted on the Hosting
Account shall be considered publicly accessible.
Important and private information should be
protected/backed up by you. For example, we are not
liable for protection or privacy of electronic mail or
other information transferred through the Internet or
any other network provider that you may use.
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