For Dedicated Server Clients
Net Access Corporation ("NAC") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of NAC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of NAC. Subscriber understands that change to the AUP by NAC 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 New Jersey, county of Morris, applicable to contracts enforceable in that state. Venue will be Morris County, NJ.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that NAC 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 NAC shall have the right to terminate all service set forth in this Agreement.
2. 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 NAC 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.
3. Payments and Fees: Establishment of this service is dependent upon receipt
by NAC of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service. All accounts and
services provided by NAC are subject to the current tax rate as imposed by the
City of Parsippany, State of New Jersey which is currently 6%. 80% of the
monthly service charge is subject to the 6% tax rate, while the remaining 20% of
the monthly service charge is not taxed. 100% of the setup fee is subject to the
6% tax rate. The above applies to all accounts and services provided by
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 2 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts 9 days or more past the due-date will be cancelled, and a termination fee for the remainder of the contract assessed. Accounts that are not collectable by NAC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay NAC 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 under item 7.
EFFECTIVE IMMEDIATELY - Pre-Paid Credit/Debit Cards are no longer a Valid form of payment. You must provide a Valid credit Card which matches the address of the account on file. Accounts which use a Pre-Paid Card are subject to suspension until the payment method is updated.
4. Duration of Service: All contracts are for a one year term unless otherwise specified.
5. Refund and Disputes: All payments to NAC are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred using NAC's dispute resolution form. You can find this form in the View / Pay invoices section of Customer Care or by requesting a hard copy from email@example.com . If you dispute a charge directly to your credit card issuer that, in NAC's sole discretion is a valid charge under the provisions of the TOS and /or AUP, your account will be immediately terminated without notice upon receipt of such notice.
6. Failure to Pay: NAC 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.
7. Account Cancellation: Requests for canceling accounts may be made through your customer care account by opening a trouble ticket. Cancellation requests must be at least 30 days notice but not more than 60 days prior.
You must have all account information to cancel. If you have not met the minimum term requirement as set forth in the order you submit, you will be billed an early termination fee.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of NAC and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that NAC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of NAC. Subscriber further acknowledges that NAC'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 NAC be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by NAC on behalf of the account holder, a handling fee will be incurred.
10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to NAC 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 NAC 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.
11. Support Boundaries: NAC provides 24 x 7 technical support to our
subscribers (except for a few holidays.) You can email firstname.lastname@example.org for
assistance, or check our home page.
In matters including but not limited to web server configuration, application support, SQL server configuration, module installation, OS updates and so on, NAC charges a support fee of $100 per hour, with a half-hour minimum, and billed in fifteen minute increments thereafter.
We limit our technical support to our area of expertise. NAC does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. NAC does not provide technical support for YOUR customers.
12. SPAM and Unsolicited Commercial Email (UCE): NAC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of NAC may not use or permit others to use our network to transact in UCE. Customers of NAC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally monitor email being sent from servers.
a. Violation of NAC's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, NAC will initiate an immediate investigation (within 48 hours of notification). During the investigation, NAC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, NAC may, at its sole discretion, restrict, suspend or terminate customer's account. Further, NAC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. NAC will notify law enforcement officials if the violation is believed to be a criminal offense.
b. 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 NAC personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over NAC's network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
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 immediately removed from our network, in addition a $250.00 Administrative Fee will be applied to your account. The server 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 from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
13 a. IP Address Ownership: If NAC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to NAC, and Customer shall have no right to use that Internet Protocol address except as permitted by NAC in its sole discretion in connection with the Services, during the term of this Agreement. NAC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by NAC, and NAC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
b. 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"). NAC will monitor Customer's bandwidth and disk usage. NAC 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 NAC's sole and absolute discretion.
Bandwidth Overage: Any bandwidth usage exceeding the Agreed usage total will be billed at the rate of $0.10 per GB over.If NAC 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, NAC may, at its sole discretion, collect a deposit, in an amount determined by NAC, against customer's credit card on file with NAC.
c. System and Network Security: Net Access is not responsible for the network security of your machine or machines. You are responsible for maintaining a secure machine, by means of software, kernel, and/or OS updates. Users are prohibited from violating or attempting to violate the security of NAC's Network. Violations of system or network security may result in civil or criminal liability. NAC 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. NAC 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.
b. First violation: Any User, which NAC 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 NAC's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that NAC 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.
d. 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.
15. Suspension of Service or Cancellation: NAC reserves the right to suspend network access to any customer if in the judgment of NAC's 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 NAC 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.
17. Indemnification: NAC wishes to emphasize that in agreeing to NAC's Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies NAC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NAC or the bringing of any claim against NAC by any third-party. This means that if NAC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against NAC, plus all costs and attorney's fees.
18. 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. A waiver by NAC 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.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of NAC. 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.
c. NAC takes no responsibility for any material input by others and not posted to NAC's Network by NAC. NAC is not responsible for the content of any other websites linked to NAC's Network; links are provided as Internet navigation tools only. NAC 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.
d. NAC is not responsible for any damages your business may suffer. NAC does not make implied or written warranties for any of our services. NAC 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 NAC.
e. You may not host IRC servers or shell accounts. Servers found hosting such services or material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as NAC's customer, are solely responsible for the content stored on and served by your NAC server.
20. Windows Servers: Requirements for using Microsoft software. Subscribers
are prohibited from allowing more than five (5) authenticated users of the
Microsoft Windows Server Operating Systems under Microsoft licensing terms and
could create liability issues with Microsoft if violated. Due to licensing
restrictions, customer provided Windows licenses are not allowed; you must
use a Windows server licence provided by NAC for your Windows server.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
NAC may provide you access to other third party software and/or services ("Third Party Products") through reseller relationships NAC has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by NAC and not by the Third Party Vendor. Neither NAC nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from NAC or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither NAC nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and NAC with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.