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Terms of Service
Number one rule, we never liked hidden charges so we don't
have any. You host with us you will be happy. Do not do
anything wrong and you will be happy with the NetMerchants
web hosting community!! :o)
NetMerchants, LLC ("The Company") agrees to
furnish services to the Subscriber, subject to the following
TOS (Terms of Service).
Use of NetMerchants Service constitutes acceptance and
agreement to NetMerchants AUP as well as NetMerchants TOS
(Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of NetMerchants, LLC. and AUP (Acceptable
Use Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for
early contract termination or non-payment.
This Agreement shall be construed in all respects in
accordance with the laws of the state of Minnesota, county
of Wabasha applicable to contracts enforceable in that
state. Venue will be Wabasha County, Minnesota.
.
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose
any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without
further consent or notification to the Subscriber. In
addition NetMerchants shall have the right to terminate all
service set forth in this Agreement.
Adult hosting is not allowed, no warez no child pornography
will be tolerated!! Anything that is legal can be hosted.
One thing that will NOT be tolerated is web proxies. This
include NPH-Proxy, and web Proxy. If your site is found with
any proxy files, your account will be suspended, with a 50$
fee.
Payments and Fees: Service will be interrupted on accounts
that reach 5 days past due. Service interrupted for
nonpayment is subject to a $10 reconnect charge (individual
hosting accounts). Accounts not paid by due date are subject
to a $10.00 late fee. Accounts that are not collectable by
NetMerchants may be turned over to an outside collection
agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than
$150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to
pay charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection
fees.
Account Cancellation: All requests for canceling accounts
must be made in writing with at least 30 days notice but not
more than 60 days prior written notice and e-mail sent to
support@netmerchantsusa.com. You must have all account
information to cancel.
Subscriber acknowledges that the service provided is of such
a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages
resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the
company be liable for any special or consequential damages,
loss or injury.
New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers
within 1 business day. Due to unforeseen complications,
however, this process may sometimes require up to 2 business
days.
Transfer of Domains: If you select transfer domain it DOES
NOT mean you will switch from your current registrar to
ours. It means you will be using a domain you have
registered elswhere and will transfer the hosting services.
You will keep the domain where you registered it unless you
give us permission to move the domain registration to us. In
that case please send an email to support@netmerchantsusa.com.
Support Boundaries: NetMerchants, provides 24 x 7 e-mail,
online technical support to our subscribers. We limit our
technical support to our area of expertise. The following is
our guidelines when providing support: NetMerchants provides
support related to your server or virtual site physical
functioning. NetMerchants does not offer tech support for
application specific issues such as CGI programming, html or
any other such issue. NetMerchants does not provide
technical support for YOUR customers. If you can e-mail, we
encourage you to e-mail support@netmerchantasusa.comcom.
Lastly, the Help files in the program you are using may have
the answer to your question so please do investigate these
resources before contacting tech support.
SPAM and Unsolicited Commercial E-mail (UCE): NetMerchants
takes a zero tolerance approach to the sending of
Unsolicited Commercial E-mail (UCE) or SPAM over our
network. Very simply this means that customers of
NetMerchants may not use or permit others to use our network
to transact in UCE. Customers of NetMerchants may not host,
or permit hosting of, sites or information that is
advertised by UCE from other networks. Violations of this
policy carry severe penalties, including termination of
service.
Violation of NetMerchants SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, NetMerchants will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, NetMerchants may restrict customer access to
the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, NetMerchants
may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, NetMerchants reserves the right
to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation.
NetMerchants will notify law enforcement officials if the
violation is believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $50 and your account will
be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee"
of $100 and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $75 per hour that
NetMerchants personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions
of their clients over the NetMerchants network, it is
advisable that Customers develop a similar, or stricter,
policy for their clients.
Network
IP Address Ownership: If NetMerchants assigns Customer an
Internet Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong only to
NetMerchants, and Customer shall have no right to use that
Internet Protocol address except as permitted by
NetMerchants in its sole discretion in connection with the
Services, during the term of this Agreement. NetMerchants
shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to
Customer by NetMerchants, and NetMerchants reserves the
right to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you
is that you MUST use name-based hosting where possible. We
will periodically review IP address usage, and if we find
that clients are using IP addresses where name-based hosting
could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes per
month for the Services ordered by Customer on the Order
Form. NetMerchants will monitor Customer's bandwidth and
disk usage. NetMerchants shall have the right to take
corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in
NetMerchants sole and absolute discretion. If NetMerchants
takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer
exceeds the included allocation, NetMerchants may, at its
sole discretion, collect a deposit, in an amount determined
by NetMerchants, against customer's credit card on file with
NetMerchants.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the
NetMerchants Network. Violations of system or network
security may result in civil or criminal liability.
NetMerchants will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are
involved in such violations. These violations include,
without limitation:
Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to
access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing"
or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or forum posting.
Taking any action in order to obtain services to which such
User is not entitled.
Attempting to couple many hosting packages together to take
advantage of massive space or bandwidth allocations. Each
hosting package purchased is unique to a domain name and use
- please do not purchase multiple "plan 1's" for
instance to get the combined bandwidth & space.
NetMerchants will stop such transactions and label them as
deceptive. We have an upgrade path for all services and we
can often times work out special deals for users if they ask
us for the assistance.
Suspension of Service or Cancellation: NetMerchants reserves
the right to suspend network access to any customer if in
the judgment of the NetMerchants network administrators the
customer's server is the source or target of the violation
of any of the other terms of the AUP or for any other reason
which NetMerchants chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. We offer a
30 day money back providing we failed to provide you with
the service as outlined for each individual hosting plan.
However setup fee's are non refundable under any
cicumstances. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited
for the time the customer's machines were suspended.
Miscellaneous Provisions: You must provide us with, and keep
current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as
a waiver of any breach of any other provision thereof. No
chat rooms are to be used on our servers.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without
further obligation.
NetMerchants takes no responsibility for any material input
by others and not posted to the NetMerchants Network by
NetMerchants. NetMerchants is not responsible for the
content of any other websites linked to the NetMerchants
Network; links are provided as Internet navigation tools
only. NetMerchants disclaims any responsibility for any such
inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
NetMerchants is not responsible for any damages your
business may suffer. NetMerchants does not make implied or
written warranties for any of our services. NetMerchants
denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by NetMerchants.
Responsibility for Content: You, as NetMerchants customer,
are solely responsible for the content stored on and served
by your NetMerchants server. |
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