Terms and Conditions of acceptable use agreement

NV Host is a provider of Internet Website hosting, Internet business-source Marketing, and Development. NV Host has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.

NV Host reserves the right to broaden, change, discontinue, modify and/or revise its policies or services offered, at any time, without express written notice.

This agreement represents the complete agreement and understanding between NV Host and the account holder (hereinafter called, but not limited to the title, Customer and/or Client) and supersedes any other written or oral agreement.

NV Host's general policy is to act as a provider of internet presence. NV Host has specific ethical concerns regarding the use of its computers, as detailed below. NV Host reserves the right to suspend or cancel a customer's access to any or all services provided by NV Host when we decide that the account has been inappropriately used or has failed to comply with the Terms and Conditions of acceptable use agreement as defined herein. 

USE OF YOUR ACCOUNT shall constitute your approval and agreement to these Terms and conditions of acceptable use. If you do not agree to these Terms and conditions of acceptable use, please notify our Billing Department at 1-866-4MY-HOST. We will at such time initiate a closure of your account.

User acceptable use policies

Server abuse

Any attempt to undermine or cause harm to a server, or customer, of NV Host is strictly prohibited.

Excessive server loads caused by your domain activity

If at any time your domain causes excessive server loads, solely caused by your domain, be it email or web scripts, you may be asked to upgrade your account to a dedicated server.  If NV Host determines that your failure to comply with this upgrade will continue to cause excessive loads on our server, your domain will be subject to immediate shut down, and your account can be assessed fees for excessive server usage of up to $1500.00 US per incident.  

Unauthorized use of other people's accounts or computers

NV Host will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a NV Host customer, whether or not the attacked account or computer belongs to NV Host, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Adult or warez web sites

Web sites with Adult Material or Warez web sites are not permitted to be hosted on NV Host. NV Host customers enjoy the benefit of consistently fast servers and a clear network. Unlike other web hosting facilities, we do not have our network congested with users downloading pornographic images.

NV Host defines "Adult Material" as any of the following:

1. Any photos or videos showing nudity on either men or women.
2. Any audio clips or text containing sexually explicit material.
3. Any file that is sexually explicit in nature.

NV Host defines "Warez" as any of the following:

1. Illegal or pirated software that has not been purchased.
2. Software that was given to a by a friend or co-worker to make copies of and re-distributed.
3. MP3's - This is the most common format of illegal copies of copyrighted music.

We also prohibit the following:

1. Any sites with direct links to other sites containing such material.
2. Any site engaged in the sale of sexually explicit items.

In addition we reserve the right to determine what might be considered "sexually explicit" or "sexually related". If your site contains material that you are unsure about, please contact us.

Commercial advertisements with e-mail

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. This includes any email originating from your account. If email was sent by a person using one of your email accounts, you are still responsible for the content abiding by this policy. 

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Anti-Spamming Policy

Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.
Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to NV Host upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, NV Host will consider the mass mailing to be unsolicited.
Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to NV Host upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, NV Host will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.
Other prohibited activities include, without limitation, the following:
•
Use of NV Host Network for the receipt of replies to unsolicited mass e-mail.
•
Forgery of e-mail headers (“spoofing”).
•
Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
•
Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
•
Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
•
Hosting web pages or providing services that support spam.
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Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
•
Instructing others in any activity prohibited by this AUP.
If any Customer or any Third Party User that is a customer of our Customer uses NV Host Services, NV Host Network or its physical infrastructure in a manner that causes NV Host to be “blacklisted” or blocked, NV Host reserves the right to (i) suspend permanently or terminate NV Host Services of such Customer and/or (ii) suspend permanently or terminate the access to NV Host Services, NV Host Network or its physical infrastructure by such Third Party User. Operating NV Host Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
Block Removal – If, as a result of a Customer’s actions, NV Host’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, NV Host shall charge Customer $150 upfront and $120 per hour thereafter for any necessary remedial actions.

Chat Rooms

We do not allow clients to install their own CGI chat rooms, without approving it with the NV Host Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that should more fit your needs and run without hindering the performance of the machine for others. 

Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Background Running Programs

We may allow programs to run continually in the background. These are considered on an individual basis. Extra charges may be incurred based on system resources used and operational maintenance required.

IRC

We currently do not allow IRC or IRC bots to be operated on our web hosting servers.

Privacy policy

Your privacy is important to us. We want you to feel comfortable using NV Host's internet services. Because we gather certain types of information about the users of NV Host's services, we feel you should fully understand what information we gather and how we use that information. NV Host employees are required to familiarize themselves with this privacy policy as a condition of their employment, and any employee violating the policy is subject to severe disciplinary action.

What Does NV Host Do With This Information?

Does NV Host Share Subscriber Information With Third Parties?

NV Host will not share or disclose information regarding its subscribers except (A) when we receive legal process such as a court order; (B) when it is reasonably necessary to protect the company's rights or property; or (C) in emergencies where someone's safety is at risk.

You should be aware, however, that any information that you disclose in a public space such as a chat room, bulletin board, or personal Web site, is freely available to anyone else visiting that space. NV Host cannot safeguard any personally identifiable information you disclose in these locations, nor can it ensure that information you voluntarily supply to third parties remains private. Please review the privacy policies of third party sites you frequent to ensure that your privacy preferences are respected.

To request a copy of the contact information NV Host has on your account, send an e-mail request to privacy@nvhost.com You may correct that information as appropriate by returning a message to the same address. Please keep in mind that under NV Host's Terms and Conditions of acceptable use agreement, subscribers are required to provide NV Host with current contact and billing information. NV Host may require a copy of a government issued form of identification before disclosing billing information or before making changes to the billing or contact information of any account.

If you ever leave NV Host, NV Host will normally delete your personally identifiable account information twelve months after the account is cancelled, unless we are under a legal obligation to retain it. We preserve account information for this short period of time in the event you wish to reactivate your account and retain your previous e-mail address. However, in the event of any accounting irregularities, NV Host reserves the right to retain your contact and billing information as necessary to resolve the matter.

NV Host reserves the right to make changes to this policy. Those changes will become effective 30 days after notice of them is posted here. If you have any questions about this privacy policy, please send them via e-mail to privacy@nvhost.com.

Payment policy

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes.  Payments for hosting fees are to be automatically deducted from the credit card account on file for your domain on the day your hosting fees are due. All pricing is guaranteed for the term of pre-payment. NV Host reserves the right to change prices at any time, unless other terms have been agreed upon.

Any shared web hosting account not brought current within one week (7 days) or dedicated server account within one day (1 day) of e-mail notification or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies NV Host in writing for a request for termination of services. All payment must be made in U.S. Dollars.  All dedicated server clients and dedicated server account holders must mail, email or fax NV Host a day 30 written/signed or faxed/signed document, which is required of dedicated server account holders to terminate a dedicated server service.

If you make payment using a credit card, and the credit card account # you have on file with our billing department should decline payment for insufficient funds or any reason, your account may be subject to a $2.50 decline fee per incident or $20 per month charge and payable immediately on that billing period.

To avoid decline fees, please keep your payment information current with our billing department and funds available for services rendered. All main account contacts or subscribers to our services, are required to provide NV Host with current contact and billing information as deemed necessary by expiration of credit cards accounts and other factors.

Domain registration policy

Customer agrees to pay NV Host prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the NV Host price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. NV Host reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from NV Host to the email address indicated in Customer's registration application. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by NV Host) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to NV Host as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. NV Host will reinstate Customer's domain name registration solely at NV Host's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

99.9% uptime guarantee and account credit policy

(1.) Coverage
This 99.9% uptime guarantee applies to any NV Host client in good financial standing with NV Host at the time of a service outage.

(2.) Service Level Agreement & Specifications
NV Host endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from NV Host to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via NV Host's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by email the NV Host NOC at NOC@nvhost.com  NV Host's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the NV Host network.

(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99.9%, NV Host will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.


Monthly Uptime Credit 
95% to 99.8% 10% 
90% to 94.9% 20% 
89.9% or below 50% 

b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

Minutes of continuous downtime Credit 
60 minutes = 10% 
5 or more 60 minute intervals = 25% 


In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to accountcredit@nvhost.com  For security reasons, the body of this message must contain your domain name, password, account number, the dates and times of the unavailability of your website, and such other customer identification requested by NV Host. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from;

A) Scheduled maintenance as posted from time to time at NV Host
B) Your behavior or the performance or failure of your equipment, facilities or applications
C) Circumstances beyond NV Host's reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in our equipment needed for provision of your web site
D) a client breaking any item in NV Host's "terms and conditions of acceptable use agreement"
E) a client which causes the failure of a machine as a result of not abiding by the "terms and conditions of acceptable use agreement"

30 day money-back guarantee and account cancellation policy

Our Web hosting plans (Netsite Unix, Netsite NT/Win2000 and Netsite E-Commerce plans) are backed by a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund of your hosting fees, as outlined herein, if you cancel your account within 30 days of the activation of your account. The 30 Day money-back guarantee does not apply to start up fees, setup fees, overage charges or any other additional or special services/items. This would include but is not limited to; virtual domains, referrer logs, domain parking services, domain registration, dedicated servers, reseller programs and special licensing fees associated with our E-commerce plans. No refunds are available after 30 days. The 30 day money back guarantee does not apply to domain name registration, reseller accounts, dedicated servers or any fees associated with these accounts or services, start up fees, account changes, plan upgrades/changes, overage charges or any other additional or special services/items. The account holder shall be fully responsible to pay for any of these fees if the account holder should cancel services with us before 30 days.

Lawful purpose

Indemnification

Disclaimer