NixHost.net Terms of Service:
Where the content states: "We" includes NixHost.net
or any party acting on NixHost.net's implicit instructions.
"You" includes the person purchasing the services or any party
acting on the customer's instructions. "Member" includes the purchaser of
services or any party acting on the purchaser's instructions. "The
the person applying for a
domain name or any party acting on
instructions. "The Registry" refers to the relevant domain
names Registry. "Server" means the computer server
in connection with the
provision of the Services. "Web Site"
means the area
on the Server allocated by us to you for use by
as a site on the Internet. "TOS" includes this agreement. In
consideration of the mutual covenants herein, the parties
the following, which shall apply during the term of
We make no representation that the domain name you
wish to register is capable of being registered by or
for you or that it will be registered in your name. You
should therefore not assume registration of your requested
domain name(s) until you have been notified that it has
or they have been registered. Any action taken by you
before such notification is at your risk.
The registration and use of your domain name is subject
to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of
those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration
charge paid by you to us shall be non-refundable notwithstanding
refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of
any domain name; any dispute between you and any other person
must be resolved between the parties concerned in such dispute.
If any such dispute arises, we shall be entitled, at our
discretion and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled to make
representations to the relevant naming authority but will not
be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless
full payment for that domain has been received by us.
2. Web Site Hosting And Email
We make no representation and give no warranty as to the
accuracy or quality of information received by any person via
the Server and we shall have no liability for any loss or damage
to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in
respect of any loss or damage to data stored on the Server.
You represent, undertake and warrant to us that
you will use the Web Site allocated to you only for lawful purposes. In
particular, you represent, warrant and undertake to us that:
you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights of any third
nor will you authorize or permit any other person to do so.
you will not post, link to or transmit:
any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable as determined by NixHost.net in any way.
any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a
criminal offence, or which infringes any patent, trade mark, design
right, copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any
you will not send bulk email, whether opt-in or otherwise, from
our network. Nor will you promote a site hosted on our network using
you will not employ programs which consume excessive system
resources including, but not limited to, processor cycles and memory. We do not host IRC,
IRC bots, or other server resource intensive programs.
If you surpass your allotted disk/bandwidth usage as set forth
in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and
We reserve the right to remove any material which we deem
inappropriate from your web site without notice. We do not host Warez,
Underage Adult, Pornographic, or Copyrighted MP3 content.
You shall keep secure any identification, password and other
confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft, or unauthorized
disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe
and shall make no use of the Server which is detrimental to our other
2.7 Members utilizing free hosting
shall exclude themselves from promotions offered and afforded to paying
Members utilizing free hosting shall display a banner as supplied by
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is expressly
Member shall not use another site's mail server to relay mail
without the express permission of the site.
It is contrary to
NixHost.net policy for
Members to use our servers to effect or participate in any of the
To post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles which are off-topic according to the
charter or other owner-published FAQ or description of the group or list.
To send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients.
To engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a NixHost.net provided
server, or using a NixHost.net provided server as a mail drop for
To falsify user information provided to
NixHost.net or to other
users of the service in connection with use of a
Consequences of Violation:
aware of an alleged violation of its Acceptable Use Policy,
initiate an investigation. During the investigation
NixHost.net may restrict
Member's access in order to prevent further possible unauthorized
activity. Depending on the severity of the violation, NixHost.net may, at its
sole discretion, restrict, suspend, or terminate
Member's account and/or
pursue other civil remedies. If such violation is a criminal offense,
will notify the appropriate law enforcement department of such violation.
2.8.2(b) You shall be held liable for
any and all costs incurred by NixHost.net as a result of your
violation of these terms and conditions. This is including, but is not
limited to, attorney fees and costs resulting from Postmaster responses to
complaints from and the cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations.
NixHost.netís current hourly rate for Postmaster responses to
complaints and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is US $100 per
hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email
or Usenet message sent, plus US $1 per complaint received.
2.8.3 NixHost.net does not issue
service credits for any outages incurred through service disablement
resulting from Policy violations.
Any access to other networks connected to
NixHost.net must comply with the rules appropriate for those other
2.10 While we will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not guarantee that the
Server will be free from unauthorized users or hackers and we shall
be under no liability for non-receipt or misrouting of email or for
any other failure of email.
3. Service Availability
We shall use our reasonable endeavors to make available to you at
all times the Server and the Services but we shall not, in any event,
be liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and
for any reason, generally without notice, but if such suspension lasts
or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us
cannot be transferred or used by anyone other than you. No more than
one log-in session under any one account may be used at any time by
you. If you have multiple accounts, you are limited to one login
session per system account at any time; user programs may be run only
during log-in sessions. If your account is found to have been
transferred to another party, or shows other activity in breach of
this sub clause, we shall have the right to cancel the account and
terminate the Services and/or this Agreement immediately.
All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from
time to time by us on our web site and shall be due and payable
in advance of our service provision. We reserve the right to change
pricing at any time although all pricing is guaranteed for the period
of pre payment.
Payment is due each anniversary month, quarter or year following
the date the Services were established until closure notice is given.
If you choose to pay by credit or debit card you authorize
NixHost.net to debit your account renewal fees from your card.
All payments must be in US Dollars.
If your check is returned by the bank as unpaid for any reason,
you will be liable for a "returned check" charge of $45.
4.5 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due date,
we shall be entitled forthwith to suspend the provision of Services
5.1 If you fail to pay any sums due to us as they fall due, we may
suspend the Services and/or terminate this Agreement forthwith
without notice to you.
5.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without notice
If you are a company and you go into insolvent liquidation or
suffer the appointment of an administrator or administrative receiver
or enter into a voluntary arrangement with your creditors, we shall
be entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you.
No refunds will be made for Services suspended in accordance
with 5.1, 5.2 and 5.3.
We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will a be entitled
pro rata refund based upon the remaining period of membership.
You may cancel the Services at any time by logging
into the Ticket Desk
(for verification) and requesting cancellation of services.
During the first 30 days of Services, You are entitled to a refund of fees
paid with the exclusion of domain name registration, dedicated server,
data transfer fees, and excessive support requests should you decide to
cancel the Services for just cause. NixHost.net shall be the sole
arbitrator as to the validity of your claim of just cause. And will
subtract the aforementioned fees from any monies due you.
During the first fourteen days of
service you are entitled to a
full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2,
5.7.3, and 12.5; as well as exclusions listed in section 2 above. For
the remaining time your refund will be prorated and factored at the
full discretion of NixHost.net.
Partner Plans (Resellers) are eligible for above
refund minus usage fees; if such use has been deemed excessive at the
discretion of NixHost.net. Such accounts are often more resource
intensive than standard shared hosting accounts and, therefore, do not
qualify under our standard 30 day guarantee details.
You will not be entitled to a refund on these basis if you have previously
had an account with NixHost.net under any plan or service.
Allow 30 (thirty) days for refund payments to
process. If you have not received refund within this time allotment;
please contact us.
Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to remove
all data located on it.
6.1 You shall indemnify us and keep us indemnified and hold us
harmless from and against any breach by you of these terms of business
and any claim brought against us by a third party resulting from the
provision of Services by us to you and your use of the Services and
the Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this
7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to
the Services supplied under this Agreement, whether imposed by
statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded, subject always to sub clause.
Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with
the provision of the Services shall be limited to the charges paid
by you in respect of the Services which are the subject of any such
In any event no claim shall be brought unless you have notified
us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect
or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Bandwidth and Disk space usage
of your site. This is easily done from your Control Panel. If you go
over the amount indicated in your current plan; you will assessed a
surcharge as set forth in our pricing structure.
8.1 Any notice to be given by either party to the other may be sent
by either email, fax or recorded delivery to the address of the other
party as appearing in this Agreement or ancillary application forms or
such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to be served on receipt of
an error free transmission report, or if sent by recorded delivery
shall be deemed to be served two days following the date of posting.
On our site you will find links
to all the information to get
your web site
up and running. All information pertaining to your account should have been
included in the Welcome Letter you received when we created your account.
If you did not receive a welcome letter email, please contact
Member Care Services. There
are several reasons an email may not reach you; first and foremost is if
the domain you have contracted services for is the same domain your
welcome email was sent to.
The support feature of our service at
present time consists of
solving server related problems only.
require support for your scripting, there are several online tutorials
available we can help you find. You may purchase our technicians' services at the
rate of $80 per hour, with one half hour minimum billed. We reserve the
right to wave this fee any time.
Support can only be addressed in English through our
All Support requests are to be processed through our Support System.
Any other request for
support will be considered a breach of our TOS.
Agreement shall be governed by and construed in accordance
with United States law and the laws governing the state of Pennsylvania. You
hereby submit to the non-exclusive jurisdiction of the U.S. courts.
11.1 Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
12. Torturous Conduct
No one shall post defamatory, scandalous, or
private information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
Any abuse towards any NixHost.net employee will
not be tolerated. You are expected to request and respond to support and
other issues in a professional manner. When emailing NixHost.net or
utilizing the Ticket Desk Support System, refrain from using caps,
exclamation points, and other forms of written yelling. Any cursing, yelling, or further
intentional disruptive behavior aimed at NixHost.net or it's employees
shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or
delivered by second parties directed towards NixHost.net or any of
it's employees, partners, equipment, and concerns shall be construed as a
violation of this TOS.
Any conduct viewed as violating this section shall be considered a
violation of this TOS. NixHost.net will be the sole arbitrator in
regards to what is deemed a violation.
12.5 No refunds shall be given when the contents of this
section necessitates removal of the account.
13. Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between us
in relation to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these terms and
conditions. In agreeing to these terms and conditions, you have not
relied on any representation other than those expressly stated in
these terms and conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not been made expressly
in this Agreement.
NixHost.net reserves the right to amend these TOS at any
It is your responsibility to check these Terms of Service on
occasion for any such amendments.