T.O.S.
Overview
Use of NuHost.info Managed Hosting's (hereafter "NuHost.info") Service constitutes acceptance and agreement to NuHost.info's AUP (Acceptable Use Policy) as well as NuHost.info's TOS (Terms of Service). By providing service to a customer in compliance with this TOS and AUP, NuHost.info agrees to be bound by the terms herein. From herewith in this TOS, AUP, SLA (Service Legal Agreement), the usage of "us", "we", "our", "ours" shall constitute reference to NuHost.info, the usage of "you", "your", "they", "them" shall refer to client / customer of NuHost.info.
Documents and Explanations
- Terms of Service (TOS) - This document outlines our mutual obligations in our business relationship.
- Acceptable Use Policy (AUP) - This document outlines prohibited conduct on our network.
- Service Level Agreement (SLA) - This document outlines service guarantees made by NuHost.info.
General Terms of Service
This NuHost.info Terms of Service (this "Agreement") and the NuHost.info Acceptable Use Policy ("AUP") govern your purchase and use of all NuHost.info services (collectively, the "Services"), as described in the Order Form(s) submitted by you, electronically or by analog means, and accepted by NuHost.info ("Service Order"). Acceptance of any terms or conditions different from those contained herein by NuHost.info will not be deemed by provision of service, but only by electronic or written signature of an officer or other duly authorized representative of NuHost.info. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. NuHost.info may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the NuHost.info web site (the "Site") at the respective locations shown in Section II and incorporated herein by reference. Your continued use of the Services following NuHost.info posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify NuHost.info of your termination of this Agreement in the manner described in the section below. All termination provisions agreed to in this agreement will still be in effect regardless of any service or policy changes made by NuHost.info. It is advised that you visit the NuHost.info website frequently for updates.
NuHost.info agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Term and Payment for Services
Term: This Agreement will be for an initial "Term" of one (1) month from the date the Services are first provided by NuHost.info. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of one (1) month unless you provide NuHost.info with written notice of termination at least seven days (7) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as "Term"), whichever is then applicable. To provide your notice of termination, you must submit a cancellation form 15 days before your next invoice is due and fill out the corresponding cancellation form to initiate the cancellation of your service. In the event of a service failure within the client area system, you may also submit your cancellation via facsimile to the number shown for NuHost.info Managed Hosting below under "Notices". You may ask a cancelation form with a support ticket to billing departement.
Termination
This Agreement may be terminated: (i) by you or NuHost.info during any Renewal Term, without cause, by giving the other party no less than 7 days prior written notice; (ii) by NuHost.info in the event of nonpayment by you as provided in the section below or (iii) by NuHost.info, at any time, without notice, if, in NuHost.info sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if NuHost.info terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to NuHost.info under this Agreement. In no event will NuHost.info be liable for any damages resulting from termination or suspension of your services, with or without notice.
Charges
You will pay all charges for your use of the Services at the then current NuHost.info prices for that category of service or any special offer applicable to your account as determined by NuHost.info. You are responsible for paying all federal, state, and local sales, use, value added, import/export, excise duty and any other taxes assessed with respect to the Services, other than taxes based on NuHost.info net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of NuHost.info. NuHost.info DOES NOT ACCEPT ANY ANALOG PAYMENTS. ALL PAYMENTS MUST BE MADE VIA ELECTRONIC MEANS AND AS PREAPPROVED BY NuHost.info.
Payment and Fees
You will pay all charges for the first month of service in advance on the first day of the Initial Term. Establishment of this service is contingent upon receipt of payment from you to NuHost.info. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You authorize NuHost.info to charge your credit or debit card, paypal account, or other electronic draft mechanism as approved by NuHost.info, to pay for any charges that may apply to your account. You must notify NuHost.info of any changes to your card account including applicable account number, billing address, registered phone number, or cancellation or expiration of the account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying NuHost.info to suspend its performance and terminate this Agreement. If NuHost.info terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term, if any, and any other amounts you owe to NuHost.info under this Agreement. You are responsible for any costs that NuHost.info incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.
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 the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event of a material breech of this agreement due to non- or late payment of your services, all data, files, logs, and other information on or associated with your service will be, at NuHost.info's sole discretion, deleted or otherwise destroyed. In no event will NuHost.info be liable for preservation of data subsequent to you breeching this agreement.
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $5 late fee. Accounts that are not collectable by NuHost.info will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)
Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to NuHost.info, within 7 days of the due date, service is subject to termination as outlined above. Once a reseller account is terminated or suspended for non-payment NuHost.info may, at NuHost.info's sole discretion, allow your customers to purchase the service previously bought from you directly from NuHost.info, and assume financial responsibility for the service from that point forward. Under no circumstances will NuHost.info be liable for continuing service relationships with your customers subsequent to your termination or suspension for non-payment.
Support Services and Boundaries
Your service with NuHost.info is backed by our always available support staff. The terms below apply to unmanaged or semi-managed services. If your service is fully managed, the terms of your support service will be incorporated into Schedule A, attached to this agreement, incorporated herein by reference, and will supersede the terms below.
NuHost.info provides technical support 24 hours a day, 365 days a year with all services. NuHost.info provides support related to your services. NuHost.info does not provide support for application specific issues, such as any programming, website code, third-party applications or any other such issue, even if such programming or third-party application was sold or otherwise provided to you by NuHost.info.
NuHost.info does not provide technical support for YOUR clients.
Reseller Policy
Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, Resellers agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences of violation. In the event of an AUP violation, waiting to contact your customer is not an acceptable excuse for continuing abusive activity.
Bandwidth
You are allocated a certain amount of internet bandwidth per month. This amount of bandwidth is shown inside your HyperVM controlpanel (VPS) or cPanel controlpanel (Shared / Reseller). Bandwidth includes all data transferred both IN and OUT of the server and is calculated from your billing anniversary date until the day before your next billing anniversary date. This bandwidth can be used as any combination of IN & OUT. Should the server go over its allocated amount of bandwidth in any given month, a fee of $0.50 per GB over is applicable.
Representations and Warranties
Your Warranties and Representations to NuHost.info: You warrant, represent, and covenant to NuHost.info that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
IP Addresses
NuHost.info will maintain and control ownership of all Internet Protocol ("IP") numbers and addresses that NuHost.info may assign to you. NuHost.info may, in its sole discretion, change or remove any and all IP numbers and addresses.
Third Party Products
NuHost.info may provide you access to other third party software and/or services ("Third Party Products") through reseller relationships that NuHost.info 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 NuHost.info and not by the Third Party Vendor. Neither NuHost.info nor any Third Party Vendor makes any representations or warranties, expressed 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 NuHost.info OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, 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 NuHost.info 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 NuHost.info 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.
You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Enforcement Actions
Special Termination of Services
NuHost.info reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of NuHost.info your server is the source or target of any violation of the AUP or for any other reason which NuHost.info chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate NuHost.info to monitor or exert editorial control over the information made available for distribution via the Services. If NuHost.info takes corrective action because of a possible violation, NuHost.info will not refund you any fees that you paid in advance of the corrective action.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that NuHost.info may disclose any and all of your 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 you. In addition, NuHost.info shall have the right to terminate all service set forth in this Agreement.
Disclaimed Warranties
NuHost.info exercises no control over, and accepts no responsibility for, the content of the information passing through NuHost.info host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. NuHost.info DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. NuHost.info DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability
IN NO EVENT WILL NuHost.info OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER NuHost.info NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO NuHost.info'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF NuHost.info HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF NuHost.info AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO NuHost.info UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY NuHost.info UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE NuHost.info AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
Interruption of Service
NuHost.info and its suppliers are not liable, except as detailed in NuHost.info's Service Level Agreement (SLA) available on NuHost.info's website and incorporated herein by reference, for any temporary delay, outages or interruptions of the Services. Further, NuHost.info is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any "act of God" or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).
Indemnification
In agreeing to the NuHost.info AUP and this Agreement, you agree to indemnify, defend and hold harmless NuHost.info, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to NuHost.info, or (b) the bringing of any claim against NuHost.info by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if NuHost.info is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against NuHost.info, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney's fees.
Miscellaneous Provisions
NuHost.info and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of NuHost.info, and any attempted assignment or delegation without such consent will be void. NuHost.info may assign this Agreement in whole or part. NuHost.info also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and NuHost.info are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and NuHost.info. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
Survival
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
This Terms of Service Agreement can change at anytime and it is your responsibility to ensure that you regularly check for updated version of this Terms of Service Agreement.
A.U.P.
General Summary
The following Acceptable Use Policy (AUP) will set forth general and specific information in regards to the use of NuHost.info - NuHost.info's infrastructure. Infrastructure in this regard will consist of, but not be limited to, bandwidth, transport, servers, switches, IP address and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort.
Further set forth in this document will be information about general acceptable and unacceptable use. It is the duty of all users of NuHost.info - NuHost.info's offerings to read and thoroughly understand the information set forth in this document. We explicitly reserve the right to enforce this document and further reserve the right to add to, update, change, modify or otherwise deem at any given time, conduct unbecoming and act as we see fit.
Use Prohibited
Child Pornography - Child Erotica
Federal child exploitation statutes set forth the illegality of possession, production, reception, transport or distribution of any sexually explicit depiction of children.
Any user found to commit this type of abuse will have service suspended immediately until remedy or face service termination. Repeat offenders will be promptly terminated & police informed.
Illegal Use
Users may not transmit, retransmit or store materials in violation of any federal, state or local laws or regulations. Users may not abuse or fraudulently use products or services offered by NuHost.info nor allow/permit such use by clients or third parties. This includes but is not limited to trademark infringement, defamation, indecency or obscenity.
Prohibited Scripts
Scripts that use download services such as RapidShare.info to and other high CPU & RAM scripts such as "Bux" scripts are prohbited as they use a great deal of CPU & RAM on our shared servers, this only applys to our Shared Servers, if your account is found to be using these scripts then your account will be suspended.
Network Filtering/Blocking
Users in violation of any provision set forth in this document may have content or traffic blocked or filtered as a remedy of abuse. Notification of such filtering/blocking likely will be sent to the user, however there is no guarantee that such notification will be sent. Filtering/blocking may be manual or automatic depending on the nature of the offense.
Email - READ CAREFULLY
The sending of bulk mail is ONLY permitted AFTER Confirmed Opt-In has been verified by the Abuse Desk. Starting such a mail campaign without the approval of NuHost.info's Abuse Desk will result in service suspension until verification and approval has been made. Complaints generated in regards to bulk mail are immediately deemed as proof that the recipient did not request such emails and therefore is considered abuse.
Prohibited:
- Spam. Sending Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE) for any purpose whatsoever.
- Spamvertising. Having third parties send out UBE /UCE on any user's behalf to advertise URL's or any service on NuHost.info's network.
Users must configure any email server in such a way that it will not accept third party emails for forwarding such as an open relay. SMTP servers must be configured in such a way that any user must authenticate to send email.
NuHost.info's Abuse Desk will not send/forward complaints to users for the purposes of listwashing. Should a user have received permission from NuHost.info's Abuse Desk to run a true "Confirmed Opt-in" campaign, complaints will be handled in such a fashion that the sender may remove the recipient from their list after they have proven to the Abuse Desk that the user did opt-in. Any approved campaign found to be operating using third party "bought" lists where opt-in confirmation cannot provided, service will be suspended. Further, time stamps and IP addresses in a database with a recipient's mail address WILL NOT suffice as sufficient proof of Confirmed Opt-in. We will need to inspect the confirmation emails' headers to make sure @aol came from aol servers, etc. Recording a time stamp, email address and IP address is not Confirmed Opt-in.
DMCA -17 USC §512 "DMCA"
Violations of 17 USC §512 "DMCA" will be promptly handled by NuHost.info by means of notification. After receiving notification of DMCA violation(s), NuHost.info will act promptly to notify the infringer of the identified infringement. Should a user of NuHost.info not respond to the notice of our Abuse Desk, the infringed material will be blocked, filtered or otherwise be suspended until the user complies. Notice of infringement should be sent to
abuse[at]NuHost.info
Notification
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [As an electronic signature, NuHost.info's agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. [Please include a URL such as http://... or ftp://... identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and time zone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Abuse
Hacking, cracking, distribution of viruses, fraudulent activities, network sabotage, pyramid schemes, phishing, and/or any conduct deemed illegal or unwanted shall be subject to suspension or termination. Users are responsible for the proper secure configuration of their services and are responsible for any damages caused by their neglect or exposure of vulnerabilities whether intentional or unintentional.
Release of Liability
Ability to restrict conduct, communication or content which might violate this Acceptable Usage Policy prior to introduction to NuHost.info's network is not practical. NuHost.info's failure or overlook of any violation of this AUP does not constitute a waiver of NuHost.info's rights.
Remuneration
NuHost.info users that violate this AUP or any provision herein may possibly incur fees in regards to clean-up or repair of any harmed devices, block listings, service interruptions, etc. Fees will be commensurate with the violation's severity.
S.L.A.
**THIS DOCUMENT PERTAINS ONLY TO VIRTUAL PRIVATE SERVER OFFERINGS**
Applicability
This Web Site Availability Service Level Agreement applies to YOU if YOU have ordered *any* hosting plans ("Service") and YOU are in good financial standing with NuHost.info.
Service Guarantee
NuHost.info Service will be available to the Internet (see definitions below) 99.8% of any given month.
Credits
Outage Credits:
Any period of inaccessibility due to power failure, internet network failure, or other failure lasting longer than 60 minutes will be credit as follows:
- 0-60 minutes: No Credit
- 60-120 minutes: 5% of monthly base fee, excluding any add-on services
- Each additional 60 minutes; 10% of monthly base fee
Receive Credits:
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) business days after YOU experienced no service availability. YOU must request credit by sending an email message to billing@NuHost.info outlining your IP address, incident start, incident end and the support ticket ID you used when troubleshooting the issue. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy for any outage related to your service including those caused by gross negligence by NuHost.info or its staff.
Restrictions
Credits shall not be provided to YOU in the event that YOU have no service availability resulting from (i) scheduled maintenance, (ii) YOUR behavior or the performance or failure of YOUR equipment, facilities, software, scripts, code, or applications, or (iii) circumstances beyond NuHost.info's reasonable control, including, without limitation, 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), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of YOUR service.
Limitations
On-line problems occur continuously. There might come a time when you cannot access your service or any other service. This is not necessarily due to a failure of the NuHost.info Network or hardware. NuHost.info's monitoring agents are the sole determinate of the uptime of our service, and not any one client's experience.
Definitions
- Internet - Any network outside of NuHost.info's internal network
- Support - NuHost.info's support team, reachable via support@NuHost.info
- Billing - NuHost.info's billing team, reachable via billing@NuHost.info