| Terms of Service (TOS)
Network3 Internet, provides web hosting to a large number of
clients. We have a responsibility to protect each client and provide
the best services available. The following guidelines have been
established to insure this intent is met.
Network3 Internet ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service). From
herewith in this TOS and AUP, the usage of "us", "we", "our", "ours"
shall constitute reference to Network3 Internet, the usage of "you",
"your", "they", "them" shall refer to client / customer of Network3
Internet.
Use of company services constitutes acceptance and agreement to the
company's
AUP as well as the company's TOS (Terms of Service). All
provisions of this contract are subject to the TOS (Terms of
Service) of Network3 Internet 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.
Disclosure
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company 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.
Commercial
Advertising- Email (SPAM)
Spamming, or the sending of unsolicited email, from a n3i server or
using an email address that is maintained by n3i is STRICTLY
prohibited and will qualify your site for immediate deactivation
with no refund. n3i will be the sole arbiter as to what constitutes
a violation of this provision. Additionally claims investigated by
n3i about spam from any of our users or users of theirs, will be
fined and billed for such work. The fee for such an instance if you
are found to be at fault is $.50 per email sent and up to a $500
fine per incident.
Server abuse
Any attempts to undermine or cause harm to any n3i server or
customer of n3i is strictly prohibited. n3i holds no responsibility
for the use of our clients' accounts. Any account that abuses server
resources and is not corrected, calls for immediate de-activation
without any refund of payments made thus far. Any site using what we
deem to be using excessive cpu cycles or any resources that cause
strain to other sites may also be offered new terms.
IP Ownership
If we assign a Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall belong
only to us, and Customer shall have no right to use that Internet
Protocol address except as permitted by us at our sole discretion in
connection with the Services, during the term of this Agreement. We
shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by us, and we
reserve 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.
Contact & Billing
Information
You must provide us with, and keep current, good contact
information for you. E-mail and telephone contacts are required, fax
contact information is encouraged.
Domain
Registrations and New Orders
0reg.com is our registration company. For new orders if
you choose to use 0reg.com to register your name, we will refund the
fee after 2 months of services by giving you credit on your third
month of hosting. Domain name registration fees are NON-REFUNDABLE.
Billing and Fees
Orders received from the 1st to the 15th of the month will be
billed during the billing period between the 10th-15th of the month.
Orders received after the 15th will be billed between the 16 and the
25th of the month billing period. Accounts not paid by due date are
subject to a $7.50 late fee. Service will be interrupted on accounts
that reach 5 days past due. Service interrupted for nonpayment is
subject to a $100.00 reconnect charge for dedicated clients and $10
reconnect charge for shared clients. Service will be terminated on
accounts that reach 15 days past due. If any terms or conditions are
failed to be followed the account in question will be automatically
deactivated. All credit card accounts are to be automatically billed
on their anniversary date unless otherwise requested by the client.
We are not responsible for any fees accessed on the client by their
bank as a result of the client's account being invoiced.
Disputes and
Failure to Pay
All overcharges or billing disputes must be reported within 60
days of the time the dispute occurred. If you dispute a charge to
your credit card issuer that, in Network3 Internet's sole discretion
is a valid charge under the provisions of the TOS and /or AUP, you
agree to pay an "Administrative Fee" of not less than $50 and not
more than $150. 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.
Refunds
All payments are NON-REFUNDABLE! The only exception to this
policy is the shared hosting 30 day money back guarantee. All annual
plans, both shared, dedicated, and co-location, are NON-REFUNDABLE!
All payments for dedicated, co-location, or related services are
NON-REFUNDABLE!
30 Day Guarantee
All shared accounts are entitled to a iron clad 30day money back
guarantee. This guarantee begins the day we send out your accounts
login details. If you wish to cancel your account and receive a full
refund within 30 days of the date you signed up, please contact
sales@n3i.com with your request and domain name.
Free Domain Offers
Domain names will be transferable only after the 30 Day
Guarantee period has ended.
Cancellation
All cancellations must be sent to sales@n3i.com. While there are
no cancellation fees, you must cancel prior to your next billing
cycle. Payments made up to your cancellation date are not refundable
unless you're canceling within the 30 day guarantee period . This
does not include any added support or service fees you have
contracted us to provide. We reserve the right to remove any account
without advanced notice for any reason at any time without prior
notice.
SLA and Credit for
uptime
All users are subject to the terms off this TOS (terms of
service), our
AUP (acceptable use policy), and our
SLA (service level agreement).
Liability and
Warranty
We are not responsible for any damages your business may suffer.
We do not make implied or written warranties for any of our
services. Network3 Internet 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 us. The client acknowledges that the service
provided is of such a nature that service can be interrupted for
many reasons other than the negligence of the company and that
damages resulting from any interruption of service are difficult to
ascertain. Therefore, client agrees that the company shall not be
liable for any damages arising from such causes beyond the direct
and exclusive control of the company. You further acknowledge that
the company's liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by the client for
services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or
injury.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
Modifications
These terms may be modified at any time and without notice. All
users previous and new clients are always subject to the newest
terms posted here at all times. It is the end users responsibility
to be aware of the latest terms of service and other policies at all
time. It is our responsibility to provide these policies in a ready
and readable form. We may or may not elect to post updates to our
policies in various mediums available including but not limited to;
email, forums, ticket systems, and chats.
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