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:

Content:
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 limited to:

1. Any copyright, patent, trademark, or other intellectual property right.

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 harmful code.

Payment:
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.

Account Cancellation:
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 this Agreement.

Support Boundaries:
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 support:

• 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 service.

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 offense.

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.

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"). 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.

Resource Usage

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.

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.

It is absolutely forbidden to run any IRC servers on any hosted account.

Accounts 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 activities.

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.

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 and packages:
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.

Please note:
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 or non-payment.