NicAddress.com Web Hosting, Domain Registration and Internet Services
TERMS OF SERVICE
Terms of Service (TOS) [January 1, 2009]
THIS AGREEMENT BETWEEN NicAddress.com and
you where “you” is referred to as (“Account
Holders","Users", “Members”, “Customers”,
“Resllers” or “Subscribers” of any NicAddress.com services.)
WHEREAS NicAddress.com agrees to
provide: Internet based services and support associated with
web sites, web hosting and domain registration to customers utilizing our services.
Use of NicAddress.com services constitutes acceptance
and agreement to policies are subject
to the terms above and as follows:
At NicAddress.com, we strongly prohibit the use of any
our service for any illegal activities.
Although we are a global web hosting service provider,
all our subscribers must be in accordance with U.S.
Federal, State and local laws. Ultimately you, the
customer, are solely responsible for the content
stored on your NicAddress.com account and data storage areas.
User shall not include content, or internet links
to content on the Site that contain, promote or involve
any of the following. Examples include but are not
1. Any copyright, patent, trademark, or other intellectual
2. Child Pornography
3. Hate content
4. Threatening, racial, or otherwise abusive content.
5. Any and all content inciting, instructing, or
promoting illegal activities.
6. Fraud, MLM (Multi-Level Marketing), Pyramid
schemes, or any other activities deemed to be fraudulent.
7. Hacking/Phreaking, warez, cracks, spam software
or any material that contains a virus or any other
Establishment of service is reliant upon receipt
by the Company of payment of affirmed charges.
Following payments are due on the anniversary date
of the month for that month's service.
Payments and Fees:
Accounts that reach 7 days past due will be suspended.
Accounts that are not collectable by NicAddress.com
may be turned over to an outside collection agency
for collection. 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.
Requests for canceling accounts may be made in writing
or through the helpdesk system.
NicAddress.com’s preferred method of cancellation
is via the helpdesk of your NicAddress.com account.
Please log into the helpdesk and you can request
to have your account cancelled.
Disclosure to Law Enforcement:
At NicAddress.com, we specifically forbid the use of
our service for any unlawful activities. Therefore,
User agrees that the Company may reveal 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 NicAddress.com shall have
the right to terminate all service set forth in
NicAddress.com, provides 24 x 7 x 365 technical support
by various means to our customers. Our staff is limited to
our area of expertise and will do everything possible to support all services.
The following are guidelines when providing
- NicAddress.com does not offer free tech support for
customer application issues such as misconfiguration or installation of scripts, software or code not specifically supported by NicAddress.com - CGI programming,
PHP scripts, MySQL, HTML or any other such issue not related to the overall server configuration or setup.
- NicAddress.com does not provide technical support
for YOUR customers.
SPAM and Unsolicited Commercial Email (UCE):
NicAddress.com 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 NicAddress.com may not use or permit
others to use our network to transact in UCE. Customers
of NicAddress.com 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
Violation of SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, NicAddress.com will initiate
an immediate investigation (within 48 hours of notification).
During the investigation, NicAddress.com may restrict
customer access to the network to prevent further
violations. If a customer is found to be in violation
of our SPAM policy, NicAddress.com may, at its sole
discretion, restrict, suspend or terminate customer's
account. Further, NicAddress.com reserves the right
to pursue civil remedies for any costs associated
with the investigation of a substantiated policy
violation. NicAddress.com will notify law enforcement
officials if the violation is believed to be a criminal
As our Customers are ultimately responsible for
the actions of their clients over the NicAddress.com
network, it is advisable that customers develop a
similar, or stricter, policy for their clients.
Customers should contact support before any large mailing. Accounts are currently limited to 250 outbound emails per hour. Customers that need to send more than 250 emails per hour should:
1.) Notify support
2.) Stagger delivery to 250 outbound emails an hour or less.
Any questions about this should be directed to support and we can work to resolve any issues.
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"). NicAddress.com will
monitor Customer's bandwidth and disk usage. NicAddress.com
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 sole and absolute discretion.
If NicAddress.com 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, NicAddress.com may, at its sole
discretion, collect a deposit, in an amount determined
by NicAddress.com, against customer's credit card
on file with NicAddress.com.
User may not:
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run cron entries with intervals of less than 15 minutes PHP include functions for including a local file, include the local file rather than the URL. ("http://yourdomain.com/include.php") use include("include.php")
System and Network Security:
Users are prohibited from violating or attempting
to violate the security or integrity of the NicAddress.com Network, infrastructure and severs.
Violations of system or network security may result
in civil or criminal liability. NicAddress.com 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. All server and account activty is logged.
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
Taking any action in order to obtain services to
which such User is not entitled.
It is absolutely forbidden to run any IRC servers on any hosted account.
found hosting this material will be subject to immediate
cancellation without refund.
Notification of Violation:
NicAddress.com is under no duty to look at each customer's
or user's activities to determine if a violation
of the TOS has occurred, nor do we assume any responsibility
through our TOS to monitor or police Internet-related
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.
NicAddress.com takes no responsibility for any material
input by others and not posted to the NicAddress.com
Network by NicAddress.com. NicAddress.com is not responsible
for the content of any other web sites linked to
the NicAddress.com Network; links are provided as Internet
navigation tools only. NicAddress.com 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.
NicAddress.com is not responsible for any damages
your business may suffer. NicAddress.com does not make
implied or written warranties for any of our services.
NicAddress.com 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 NicAddress.com.
REFUNDS AND GUARANTEES
Violations of the Terms of Service will waive the refund policy.
Money back guarantee on all our web hosting plans
To prove to you how confident we are in our services,
we will offer you a 30 day money back guarantee on
web hosting plans and packages. Domain name registration
and transfers are non-refundable. If for any reason
you are not completely satisfied with our services
and cancel your account within the initial 30 days
from the initial order date of your account we will
refund you all your money (excluding any setup fees).
Refunds may take up to two weeks to process. Any account found to be in violation of any NicAddress Internet Services policy during the trial period, may not be eligable for any refund.
NicAddress.com will not issue refunds to users who have
their account terminated by NicAddress.com for breach
of our terms of service. Refunds will not be made
to users who exceed their allocated bandwidth limit or have violated any service policy.
Accounts that are renewed for additional terms
after the initial 30 days are not subject to any money back guarantee.
Responsibility for Content:
You, as customer or reseller, are solely responsible
for the content/data stored on and served by your NicAddress.com
server and account. Customers and resellers of our services can utilize the backup tools provided in all standard accounts. Customers and resellers also have the option to purchase off-site backup services for their data. Customers should use these backup options to create and store regular backups of all account data including email and databases.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. NicAddress Web Hosting & Internet Services is not responsible for files and/or data under your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on NicAddress servers.
All provisions of this contract are subject to
the TOS (Terms of Service) of NicAddress.com 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