By accepting
web hosting services from Needhosting.net, you acknowledge your acceptance
to be bound by these terms and conditions. If you do not agree to these
terms and conditions, please follow the steps described in Cancellation of
Service below.
Web Site Content
Our web sites may be used for lawful purposes only. While using
Needhosting.net's Services, you may have access to services that allow you
to send or post materials ("content") and make that content available to
others. You must not submit, publish, or display on our Network any
defamatory, illegal, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit, publish, or display
any content in violation of any US laws, Federal, state or local. You are
solely responsible for the content you make accessible while using
Needhosting.net's servers and networks. You may not use the service to
assist any other person or entity to violate any Federal, State, or Local
laws, ordinances, or regulations.
Needhosting.net is not obligated to
monitor the network for the purpose of examining customer's content. You
hereby acknowledge that if we are made aware of content that is determined
to be, in Needhosting.net's sole discretion, unacceptable, undesirable,
offensive, indecent, obscene, excessively violent or otherwise
objectionable, Needhosting.net has the right, but not the obligation, to
edit, remove or deny access to such content. Needhosting.net may disclose
any content or records concerning customer's account as required to
satisfy any legal requirement, regulation, government request or court
order.
Pornography and sex-related merchandising
are expressly prohibited on Needhosting.net servers. This includes
implying sexual content, display of nudity, or any link to adult content
anywhere else. This is also true for sites that promote illegal activity
of any type or content that may be damaging to Needhosting.net's servers
or any other servers on the Internet. Links to such materials are also
prohibited. In addition, the sale of or promoting bulk email services are
not allowed. Non-acceptable content or links include but are not
necessarily be limited to:
- Adult Content Sites - Any erotic or
pornographic material, links to adult sites, or advertisements for adult
sites.
- Pirated Software Sites (Warez) - Any
software that is copyrighted and not freely available for distribution
without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of
copyrights held by individuals and corporations or other entities can
result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites
with material, links, or resources for hacking, phreaking, viruses,
anarchy, or any type of site that promotes or participates in willful
harm to Internet sites or providers.
System Security
Customers may not use the Needhosting.net Networks to attempt in any way
to circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing any data not
intended for the customer, logging into any server or account the customer
is not expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of any
other organization's security policy. Customers may not attempt to
interfere or deny service to any user, host, or network. This includes,
but is not limited to, flooding, mail bombing, or other deliberate
attempts to overload or crash a host or network. Needhosting.net 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. Users
who violate system or network security may incur criminal or civil
liability.
Use of CGI
Scripts
Needhosting.net accounts come equipped with a pre-configured CGI-Bin.
Customers are free to use any CGI-scripts provided with their account or
add any additional ones they require. If any CGI-scripts are deemed to be
adversely affecting the server performance or the network integrity, they
may be shut down without prior notice. CGI-script sharing with domains not
hosted by Needhosting.net is not allowed.
Internet Relay
Chat
Needhosting.net currently prohibits its customers from operating IRC or
IRC Bots on any of our web site hosting servers. On-line Conference
Centers hosted on a separate servers are available for a monthly fee that
include IRC compatible chat rooms.
Excessive
Resource Usage
Any web site that uses an excessively high amount of server resources
including but not limited to CPU time, memory, and network bandwidth will
be given an option of either upgrading their service level or reducing the
resource used to an acceptable level.
Programs Running
in Background
Background programs are prohibited unless prior approval is received from
Needhosting.net. Needhosting.net will consider requests on a one for one
basis. approved, extra charges will be assessed based on resource
requirements or system maintenance.
Spamming Not
Permitted
You must not use any Needhosting.net Network, Needhosting.net's equipment
or any Needhosting.net email address in connection with the transmission
of spam, flames, mail bombs, or substantially similar, unsolicited email
messages. Your domain may not be referenced as originator, intermediary,
or reply-to address in any of the above. This shall include the sending of
unsolicited mass mailings from any other service that in any way
implicates the use of the Needhosting.net Network, Needhosting.net
equipment or any Needhosting.net email address. A message is considered to
be unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message.
Simply making one's email address accessible to the public will not
constitute a request or invitation to receive messages, for purposes of
enforcing this provision.
When any customer is found to have been
engaged in spamming in violation of this agreement, Needhosting.net
reserves the right to disable that customer's web site without warning. In
addition, Needhosting.net may impose a $200 penalty for each spam policy
violation. Needhosting.net solely reserves the right to refuse or cancel
service to spammers. Needhosting.net reserves the right to determine what
violates this policy. As such, any violation may result in cancellation of
services without refund. Such cancellation of services for cause,
specifically the reasons provided herein, shall automatically void
Needhosting.net's 30 Money Back guarantee.
Obscenity
Violation of indecency and/or obscenity laws is not permitted on
Needhosting.net's networks and can result in criminal penalties.
Copyrights and
Infringement
Material available to you when using Needhosting.net's services may be
subject to protection under the United States or other copyright laws, or
laws protecting trademarks, trade secrets and/or proprietary information.
Except when expressly permitted by the owner of such copyrights, you must
not use the Needhosting.net Service in a manner that would infringe,
violate, dilute or misappropriate any such rights, with respect to any
material, that you access or receive through the Needhosting.net Network.
If you use a domain name in connection with the Needhosting.net Service or
similar service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.
Defamation
Prohibited
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Refusal of
Service
Needhosting.net, reserves the right at its sole discretion to refuse
or cancel service. Violation of any of Needhosting.net's Rules and
Regulations could result in a warning, suspension, or possible account
termination. Accounts terminated due to policy violations will not be
refunded including during the 30 Day money back guarantee period.
Cancellation of
Service
To cancel services, you must email
Service Admin . Include your domain name (s) email address,
and password for the web site you want to cancel.
We cannot accept cancellation requests
over the phone.
Needhosting.net
to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold Needhosting.net,
harmless from any and all stipulations, liabilities, losses, expenses and
claims, as well as reasonable attorney's fees assessed against Needhosting.net,
, its agents, customers, officers, employees and administration that may
arise or result from any service provided or performed or agreed to be
performed or any product sold by it's customers, agents, employees or
assigns. Customer agrees to defend, indemnify and hold Needhosting.net,
harmless against liabilities arising out of;
1. any injury to person or
property caused by any products sold or distributed in association with
Needhosting.net, Services;
2. any material furnished by
customer infringing or allegedly infringing on the proprietary rights of a
third party;
3. copyright violation and any
defective products sold to a customer from Needhosting.net Services.
Disclaimer
Needhosting.net will not be responsible for any damages your
business may suffer. Needhosting.net makes no warranties of any
kind, expressed or implied for services we provide. Needhosting.net
disclaims any warranty or merchantability or fitness for a particular
purpose. This includes data loss resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions of any kind caused
by Needhosting.net and its employees. Needhosting.net reserves
the right to amend or update these policies without notice. Failure to
follow any terms and conditions may result in account deactivation.
Needhosting.net furthermore expects that
its customers who resell our Internet services to others will fully comply
with all applicable laws concerning the privacy of on-line communications.
A customer's failure to comply with those laws will violate this policy.
Finally, Needhosting.net wishes to emphasize that in accepting services,
customers indemnify Needhosting.net for the violation of any law or
Needhosting.net policy, that results in loss to Needhosting.net or the
bringing of any claim against Needhosting.net. This means that if Needhosting.net
is sued because of activities of the customer that violate any law, or
this policy, the customer will pay any damages awarded against
Needhosting.net, plus costs and reasonable attorneys' fees.
Should any portion of this Terms of Use
Agreement be found to be in violation of any law in any locality, then
this agreement shall be deemed to be modified only to the extent necessary
to be considered legal and enforcable in such locality only.