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Terms of Use and Acceptable
Use Policy
Agreeing
to Netmediums Acceptable use Policy and Terms
of Conditions is mandatory for Hosting signing
up or using our services. Please make sure you
read everything. If you have any questions Contact
Us.
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Netmediums
Acceptable Use Policy ("AUP")
is provided to give our customers and users
a clear understanding of what Netmediums
expects of them while using the service.
All users of Netmediums Internet services:
those who access some of our Services but
do not have accounts, as well as those who
pay a service fee to subscribe to the Services,
must comply with this AUP and our TOS (Terms
of Service).
IMPORTANT NOTICE: *All
Payments To Netmediums.net for Domain Registration(s)
and Dedicated Servers Are Non-Refundable*
We
support the uncensored flow of information
and ideas over the Internet and do not actively
monitor subscriber activity under normal
circumstances. Similarly, we do not exercise
editorial control over the content of any
web site, e-mail transmission, newsgroups,
or other material created or accessible
over or through the services, except for
certain proprietary Web sites. 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. Netmediums 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
Netmediums account or other actions as detailed
in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic
understanding of Netmediums Acceptable Use
Policy. The following are guidelines for
the establishment and enforcement of Netmediums
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 value of Internet resources as a conduit
for free expression and exchange of information
- Preserve
the privacy and security of individual
users
Netmediums
intends to provide its customers access
to everything the Internet has to offer.
While Netmediums is firmly committed to
the principles of free speech, certain activities
that may be damaging to the resources of
both Netmediums and the Internet and cannot
be permitted under the guise of free speech.
The resources of Netmediums and the Internet
are limited, and abuse of these resources
by one user has a negative impact on the
entire community.
We do not routinely monitor the activity
of accounts except for measurements of system
utilization and the preparation of billing
records. However, in our efforts to promote
good citizenship within the Internet community,
we will respond appropriately if we become
aware of inappropriate use of our service.
You may not use your dedicated rack or virtual
site to publish material, which Netmediums.net
determines, at its sole discretion, to be
unlawful, indecent or objectionable. For
purposes of this policy, "material"
refers to all forms of communications including
narrative descriptions, graphics (including
photographs, illustrations, images, drawings,
logos), executable programs, video recordings,
and audio recordings.
If a Netmediums account is used to violate
the Acceptable Use Policy or our TOS, we
reserve the right to terminate your service
without notice. We prefer to advise
customers of inappropriate behavior and
any necessary corrective action, however,
flagrant violations of the Acceptable Use
Policy will result in immediate termination
of service. Our failure to enforce this
policy, for whatever reason, shall not be
construed as a waiver of our right to do
so at any time.
As a member of our network community, you
must use your Internet access responsibly.
If you have any questions regarding this
policy, please contact us at abuse@netmediums.net.
VIOLATIONS OF NETMEDIUMS ACCEPTABLE USE
POLICY
The following constitute violations of this
AUP:
- Illegal
use: Netmediums
services may not be used for illegal purposes,
or in support of illegal activities. Netmediums
reserves the right to cooperate with legal
authorities and/or injured third parties
in the investigation of any suspected
crime or civil wrongdoing.
- Harm
to minors: Use of NETMEDIUMS
service to harm, or attempt to harm, minors
in any way, including, but not limited
to child pornography, child pedophiliac
material (pedo hard pics).
- Threats:
Use of Netmediums
service to transmit any material (by e-mail,
uploading, posting or otherwise) that
threatens or encourages bodily harm or
destruction of property.
- Harassment:
Use of Netmediums
service to transmit any material (by e-mail,
uploading, posting or otherwise) that
harasses another.
- Fraudulent
activity: Use of Netmediums
service to make fraudulent offers to sell
or buy products, items, or services, or
to advance any type of financial scam
such as "pyramid schemes," "ponzi
schemes," and "chain letters."
- Forgery
or impersonation: Adding, removing
or modifying identifying network header
information in an effort to deceive or
mislead is prohibited. Attempting to impersonate
any person by using forged headers or
other identifying information is prohibited.
The use of anonymous remailers or nicknames
does not constitute impersonation.
- Unsolicited
commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of Netmediums
service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will
result in the immediate termination of
the offending Netmediums
account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that
support spammers or cause any of our IP
space to be listed in any of the various
Spam Databases will have their server/domain
immediately removed from our network.
The server/domain will not be reconnected
until such time that you agree to remove
ANY and ALL traces of the
offending material/domains immediately
upon reconnection and agree to allow us
access to the server/domain to confirm
that all material has been COMPLETELY
removed. Severe violations may result
in immediate and permanent removal of
the server/hosting account from our network
without notice to the customer. Any server/domain
guilty of a second violation WILL
be immediately and permanently removed
from our network without notice.
- E-mail
/ News Bombing: Malicious intent to
impede another person's use of electronic
mail services or news will result in the
immediate termination of the offending
Netmediums
account.
- E-mail
/ Message Forging: Forging any message
header, in part or whole, of any electronic
transmission, originating or passing through
Netmediums
service is in violation of this AUP.
- Usenet
SPAMing:
NETMEDIUMS has a zero tolerance policy
for the use of its network for the posting
of messages or commercial advertisements,
which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing
list. Commercial messages that are appropriate
under the rules of a newsgroup or mailing
list or that are solicited by the recipients
are permitted.
- Unauthorized
access:
Use of Netmediums service to access, or
to attempt to access, the accounts of
others, or to penetrate, or attempt to
penetrate, security measures of Netmediums
or another entity's computer software
or hardware, electronic communications
system, or telecommunications system,
whether or not the intrusion results in
the corruption or loss of data, is expressly
prohibited and the offending Netmediums
account is subject to immediate termination.
- Copyright
or trademark infringement:
Use of Netmediums service to transmit
any material (by e-mail, uploading, posting
or otherwise) that infringes any copyright,
trademark, patent, trade secret or other
proprietary rights of any third party,
including, but not limited to, the unauthorized
copying of copyrighted material, the digitization
and distribution of photographs from magazines,
books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted
software.
- Collection
of personal data:
Use of Netmediums service to collect,
or attempt to collect, personal information
about third parties without their knowledge
or consent.
- Network
disruptions and unfriendly activity:
Use
of Netmediums
service for any activity which affects
the ability of other people or systems
to use Netmediums
Services or the Internet. This includes
"denial of service" (DOS) attacks
against another network host or individual
user. Interference with or disruption
of other network users, services or equipment
is prohibited. It is the Member's responsibility
to ensure that their network is configured
in a secure manner. A Subscriber may not,
through action or inaction, allow others
to use their network for illegal or inappropriate
actions. A Subscriber may not permit their
network, through action or inaction, to
be configured in such a way that gives
a third party the capability to use their
network in an illegal or inappropriate
manner. Unauthorized entry and/or use
of another company and/or individual's
computer system will result in immediate
account termination. Netmediums
will not tolerate any subscriber attempting
to access the accounts of others, or penetrate
security measures of other systems, whether
or not the intrusion results in corruption
or loss of data.
- Fraud:
Involves a knowing misrepresentation or
misleading statement, writing or activity
made with the intent that the person receiving
it will act upon it.
- Infringement
of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted
or the aforementioned infringements will
not be tolerated.
- Distribution
of Viruses:
Intentional distributions of software
that attempts to and/or causes damage,
harassment, or annoyance to persons, data,
and/or computer systems are prohibited.
Such an offense will result in the immediate
termination of the offending account.
- Inappropriate
Use of Software:
Use of software or any device that would
facilitate a continued connection, i.e.
pinging, while using Netmediums services
could result in suspension service.
- Third
Party Accountability:
Netmediums subscribers will be held responsible
and accountable for any activity by third
parties, using their account, that violates
guidelines created within the Acceptable
Use Policy.
- Violation
Of EHostPros Virtual Accounts:
It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Hosting/Reseller
Accounts. Virtual hosting/Reseller accounts
found hosting this material will be subject
to immediate cancellation without refund.
-
IRC
networks:
It is absolutely forbidden to host an
IRC server that is part of or connected
to another IRC network or server. Servers/hosting
found to be connecting to or part of
these networks will be immediately removed
from our network without notice. The
server/hosting will not be reconnected
to the network until such time that
you agree to completely remove any and
all traces of the irc server, and agree
to let us have access to your server
to confirm that the content has been
completely removed. Any server/member
guilty of a second violation will result
in immediate account termination.
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Adult
Content: Explicit adult content
(pornography) will be grounds for immediate
suspension of your account. Sites containing
only links to adult content will be
immediately suspended. Netmediums will
be the sole arbiter as to what constitutes
a violation of this provision. Adult-oriented
sites, pornography and sex-related merchandising
are prohibited. We also prohibit sites
that provide storage, sale, distribution,
hypertext link to, advertisement, promotion
or hosting of material that is unlawful,
defamatory, obscene, harmful, threatening,
harassing, or an intrusion of privacy
or publicity rights, or otherwise objectionable.
Note: Artistic nudity may be acceptable,
but this is at the sole discretion of
Netmediums.net.
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Banned Scripts :
The following scripts are banned from
use on our shared and reseller hosting
and may not be uploaded or run. Reasons
for banning them include adverse effects
on server load, invitations to hackers/spammers/criminal
activity, etc.
IRC
egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.cgi, FormMail.pl from
Matt's
Script Archive
are not allowed. See Here
Greymatter (gm.cgi)
Cgi/Perl Content management systems
Shell, SSH, Telnet Scripts and Shell,
SSH, Telnet Alternatives.
Any script that uses & processes
a massive number of flatfiles or large
flatfile databases
Security
You
are responsible for any misuse of your account,
even if the inappropriate activity was committed
by a friend, family member, guest or employee.
Therefore, you must take steps to ensure
that others do not gain unauthorized access
to your account. In addition, you may not
use your account to breach security of another
account or attempt to gain unauthorized
access to another network or server.
- Your
password provides access to your account.
It is your responsibility to keep your
password secure.
- Sharing
your password and account access with
unauthorized users is prohibited. You
should take care to prevent others from
using your account since you will be held
responsible for such use.
- Attempting
to obtain another user's account password
is strictly prohibited, and may result
in termination of service.
- You
must adopt adequate security measures
to prevent or minimize unauthorized use
of your account.
-
You
may not attempt to circumvent user authentication
or security of any host, network or
account. This includes, but is not limited
to, accessing data not intended for
you, logging into or making use of a
server or account you are not expressly
authorized to access, or probing the
security of other networks. Use or distribution
of tools designed for compromising security
is prohibited. Examples of these tools
include, but are not limited to, password
guessing programs, cracking tools or
network probing tools.
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You
may not attempt to interfere with service
to any user, host or network ("denial
of service attacks"). This includes,
but is not limited to, "flooding"
of networks, deliberate attempts to
overload a service, and attempts to
"crash" a host.
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Users
who violate systems or network security
may incur criminal or civil liability.
Netmediums
will cooperate fully with investigations
of violations of systems or network
security at other sites, including cooperating
with law enforcement authorities in
the investigation of suspected criminal
violations.
Network
Performance
Netmediums
accounts operate on shared resources. Excessive
use or abuse of these shared network resources
by one customer may have a negative impact
on all other customers. Misuse of network
resources in a manner which impairs network
performance is prohibited by this policy
and may result in termination of your account.
You
are prohibited from excessive consumption
of resources, including CPU time, memory,
disk space and session time. You may not
use resource-intensive programs which negatively
impact other customers or the performances
of Netmediums
systems or networks. Netmediums
reserves the right to terminate or limit
such activities.
REPORTING VIOLATIONS OF NETMEDIUMS AUP
Netmediums
requests that anyone who believes that there
is a violation of this AUP direct the information
to the Abuse Department at abuse@netmediums.net
.
If available, please provide
the following information:
- The
IP address used to commit the alleged
violation
- The
date and time of the alleged violation,
including the time zone or offset from
GMT
- Evidence
of the alleged violation
E-mail
with full header information provides all
of the above, as do system log files. Other
situations will require different methods
of providing the above information. Netmediums
may take any one or more of the following
actions in response to complaints:
- Issue
written or verbal warnings
- Suspend
the Member's newsgroup posting privileges
- Suspend
the Member's account
- Terminate
the Member's account
- Bill
the Member for administrative costs and/or
reactivation charges
- Bring
legal action to enjoin violations and/or
to collect damages, if any, cause by violations
REVISIONS
TO THIS ACCEPTABLE USE POLICY
Netmediums
reserves the right to revise, amend, or
modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at
any time and in any manner. Notice of any
revision, amendment, or modification will
be posted in accordance with our TOS (Terms
of Service).
Copyright
2004Netmediums.net
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TOS
(Terms of Service)
IMPORTANT
NOTICE: *All
Payments To Netmediums.net for Domain
Registration(s) and Dedicated Servers Are
Non-Refundable*
Netmediums.net
("The Company") agrees to furnish
services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of Netmediums
Service constitutes acceptance and agreement
to Netmediums
AUP as well as Netmediums
TOS (Terms of Service).
All
provisions of this contract are subject
to the TOS (Terms of Service) of Netmediums
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 Uttaranchal, jurisdiction of
Dehradun courts applicable to contracts
enforceable in that state. Venue will be
Dehradun. Texas
- 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 Netmediums shall have the right
to terminate all service set forth in
this Agreement.
- Service
Rates:
Subscriber
acknowledges that the nature of the
service furnished and the initial rates
and charges have been communicated to
Subscriber. Subscriber is aware that
the Company may prospectively change
the specified rates and charges from
time to time. The promotional offer
is contingent upon Company achieving
and maintaining its cost of service
goals including but not limited to rates
charged to company by its suppliers.
- Payment:
Establishment
of this service is dependent upon receipt
by the Company of payment of stated
charges. Subsequent payments are due
on the anniversary date of the month
for that month's service. The above
applies to all accounts and services
provided by Netmediums.
- Payments
and Fees:
Credit
cards that are declined for any reason
are subject to a $1.00 declination fee.
Service will be interrupted on accounts
that reach 10 days past due. Service
interrupted for nonpayment is subject
to a $20 reconnect charge. Accounts
not paid by due date are subject to
a $7.95 late fee. Accounts that are
not collectable by Netmediums
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.
-
Refund Policy and Disputes:
All
payments for domain registration and
dedicated servers to Netmediums
are nonrefundable. This includes the
one time setup fee and subsequent charges
regardless of usage. You may cancel
your account at any time before your
monthly billing date, and you will not
be billed for the next month.
If you are paying annually for web site
hosting services, we will issue a refund
for months not used not exceeding 50%
of total value. Refunds are approved
for accounts under 60 days of the date
and time the original transaction was
settled. ALL refunds after the 60-day
period will be rejected.
We do not offer any kind of "money
back" guarantee.
All overcharges or billing disputes
must be reported within 60 days of the
time the dispute occurred.
- 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. Paypal Subscription Cancellations:
If you subscribed to our hosting plan
with Paypal payments and if we get notice
from paypal.com regarding your subscription
cancellation, we have full right to
suspend your hosting account till the
subscription is reinstated. Netmediums.net
do not host websites with cancelled
subscriptions.
- Account
Cancellation:
Requests
for canceling accounts may be made in
writing or email with at least 30 days
notice.
Netmediums preferred
method of cancellation is via email
notification at support@netmediums.net
.
You must have all account information
to cancel. We do not cancel accounts
via our helpdesk or any other way due
to security reasons besides the ones
listed above.
Non-usage of hosting account, account inactivity
or if you moved to another host, phone
requests will not constitute acceptance
of any cancellation. For information
on refunds please see the heading "Refund
Policy and Disputes".
-
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.
- Transfer
of Domains Registrar:
New
webhosting accounts which involve the
transfer of a domain from another provider
/registrar to Netmediums.net
will require a minimum of seven (7)
days to be set up and entered into our
DNS servers. In some cases, such transfers
may take up to sixty (60) days. Due
to the unpredictable nature of the transfer
process, no guarantees are made regarding
the amount of time a specific transfer
may take. If the transfer of the domain
is done by Netmediums.net
on behalf of the account holder a handling
fee will be incurred. If the customer
cancels service during the transfer
period for any reason, all charges are
considered earned.
- SPAM
and Unsolicited Commercial Email (UCE):
Netmediums
takes a zero tolerance approach to the
sending of Unsolicited Commercial Email
(UCE) or SPAM over our network. Very
simply this means that customers of
Netmediums
may not use or permit others to use
our network to transact in UCE. Customers
of Netmediums
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.
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Violation
of Netmediums
SPAM policy will result in severe
penalties. Upon notification of
an alleged violation of our SPAM
policy, Netmediums
will initiate an immediate investigation
(within 48 hours of notification).
During the investigation, Netmediums
may restrict customer access to
the network to prevent further violations.
If a customer is found to be in
violation of our SPAM policy, Netmediums
may, at its sole discretion, restrict,
suspend or terminate customer's
account. Further, Netmediums
reserves the right to pursue civil
remedies for any costs associated
with the investigation of a substantiated
policy violation. Netmediums
will notify law enforcement officials
if the violation is believed to
be a criminal offense.
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First
violations of this policy will result
in an "Administrative Fee"
of $250 and your account will be
reviewed for possible immediate
termination. A second violation
will result in an "Administrative
Fee" of $500 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 $175 per
hour that Netmediums
personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM
from your account.
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As
our Customers are ultimately responsible
for the actions of their clients
over Netmediums
network, it is advisable that Customers
develop a similar, or stricter,
policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone
hosting websites or services on their
server that support spammers or cause
any of our IP space to be listed in
any of the various Spam Databases will
have their server/hosting account immediately
removed from our network. The server/hosting
account will not be reconnected until
such time that you agree to remove ANY
and ALL traces of the offending
material immediately upon reconnection
and agree to allow us access to the
server to confirm that all material
has been COMPLETELY removed.
Severe violations may result in immediate
and permanent removal of the server/hosting
account from our network without notice
to the customer. Any server/hosting
account guilty of a second violation
WILL be immediately and permanently
removed from our network without notice.
- Network
- 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 (the
"Agreed Usage"). Netmediums
will monitor Customer's bandwidth
and disk usage. Netmediums
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 Netmediums
sole and absolute discretion. If
Netmediums
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.
- System
and Network Security:
Users
are prohibited from violating or
attempting to violate the security
of Netmediums
Network. Violations of system or
network security may result in civil
or criminal liability. Netmediums
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 newsgroup posting.
- Taking
any action in order to obtain
services to which such User is
not entitled.
- Notification
of Violation:
-
Netmediums
is under no duty to look at each
customer's or user's activities
to determine if a violation of the
AUP has occurred, nor do we assume
any responsibility through our AUP
to monitor or police Internet-related
activities.
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First
violation: Any User, which Netmediums
determines to have violated any
element of this Acceptable Use Policy,
shall receive an email, warning
them of the violation. The service
may be subject at Netmediums
discretion to a temporary suspension
pending a User's agreement in writing,
to refrain from any further violations.
- Second
Violation:
Users
that Netmediums
determines to have committed a second
violation of any element of this
Acceptable Use Policy shall be subject
to immediate suspension or termination
of service without further notice.
-
We
reserve the right, to drop the section
of IP space involved in Spam or
Denial-of-Service complaints if
it is clear that the offending activity
is causing great harm to parties
on the Internet. In particular,
if open relays are on your network
or a customer's network, or if denial
of service attacks are originating
from your network. In certain rare
cases, we may have to do this before
attempting to contact you. If we
do this, we will contact you as
soon as is feasible.
- Suspension
of Service or Cancellation:
Netmediums
reserves the right to suspend network
access to any customer if in the judgment
of Netmediums
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
Netmediums
chooses. If inappropriate activity is
detected, all accounts of the Customer
in question will be deactivated until
an investigation is complete. 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.
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Netmediums
reserves the right to amend its policies
at any time. All Sub-Networks, resellers
and managed servers of Netmediums
must adhere to the above policies. Failure
to follow any term or condition will
be grounds for immediate Cancellation.
You will be held responsible for the
actions of your clients in the matter
described on these Terms and conditions.
Therefore, it is in your best interest
to implement a similar or stricter Terms
and conditions or otherwise called Acceptable
Terms of use policy.
- Indemnification:
Netmediums
wishes to emphasize that in agreeing to
Netmediums
Acceptable Use Policy (AUP) and Terms
of Service (ToS), customer indemnifies
Netmediums
for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (ToS)
that results in loss to Netmediums
or the bringing of any claim against Netmediums
by any third-party. This means that if
Netmediums
is sued because of a customer's or a customer
of a customer's activity, the customer
will pay any damages awarded against Netmediums,
plus all costs and attorney's fees.
- LIMITATION
OF LIABILITY:
Netmediums
shall not be responsible for any claimed
damages, including incidental and consequential
damages, which may arise from Netmediums
servers going off-line or being unavailable
for any reason whatsoever. Furthermore,
Netmediums
shall not be responsible for any claimed
damages, including incidental or consequential
damages, resulting from the corruption
or deletion of any web site from one of
Netmediums
servers. All damages shall be limited
to the immediate termination of service.
Violations of these Acceptable Uses Policies
should be referred to abuse@netmediums.net.
All complaints will be investigated promptly.
- 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.
-
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.
-
Netmediums
takes no responsibility for any
material input by others and not
posted to Netmediums
Network by Netmediums.
Netmediums
is not responsible for the content
of any other websites linked to
Netmediums
Network; links are provided as Internet
navigation tools only. Netmediums
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.
-
Netmediums
is not responsible for any damages
your business may suffer. Netmediums
does not make implied or written
warranties for any of our services.
Netmediums
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 Netmediums.
-
It
is absolutely forbidden to host
pornographic content or IRC servers
on Virtual Server Accounts. Virtual
Server Accounts found hosting this
material will be subject to immediate
cancellation without refund.
- Responsibility
for Content:
You,
as Netmediums
customer, are solely responsible for
the content stored on and served by
your Netmediums
server.
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