Terms of Service

All customers must agree to comply with Nice Host's Terms of Service prior to sign up. Nice Host has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

End User Agreement
Customers may not sublease, sub host, or give away control of any portion of their Nice Host space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our Web site.

Adult Content
Due to the high system and network demands of adult-oriented sites or links, pornography and sex-related merchandising are prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Backup Files
Nice Host keeps daily system backups, but cannot guarantee the content is up-to-date. Nice Host will only restore files from backup due to server or hardware failure. It is the customer's responsibility to have a full backup of their site. There is a minimum $20 fee for our Administrator to backup/restore individual client's files.

CGI Scripts
Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms
Nice Host does not allow customers to install chat rooms on their own. Chat rooms tend to require significant system resources and therefore must be approved prior to installation.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of Nice Host servers and network; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; spoofing or modifying of any TCP-IP packet header or any other header information in an email or a newsgroup posting; Making unauthorized changes to system settings.

Server Abuse
Any attempts to undermine or cause harm to a Nice Host server or customer of Nice Host is strictly prohibited. Nice Host will be the sole arbiter as to what constitutes a violation of this provision.

Software Distribution
Nice Host's shared web hosting accounts are not configured for the purposes of distributing software. Such use is prohibited. Using our service as a FTP archive is strictly prohibited.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required) or reduce the resources used to an acceptable level.

Nice Host shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server or network performance will be shut down without prior notice.

Clients shall not make unauthorized changes to system settings that affect resources allocation.

All allocated server resources shall be used soley for web sites hosted by Nice Host.

Log files are cleared once every 3 month, customers require longer log retention need to notify Nice Host at the time of sign up to make appropriate arrangements.

SPAM/Unsolicited Email/Bulk Emailing
Spamming, Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam").

This includes, but is not limited to,

  • Bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing email headers is prohibited.
  • Opt-out Mailing list are not allowed.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming, Cross posting, or sending a message to many different off-topic Usenet newsgroups.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  • Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware.
  • Using of services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Nice Host is strictly prohibited.
  • There is a 500 Email limit that can be sent out within a 24 hour period.
  • Using Nice Host's services for email address harvesting.
  • Nice Host will be the sole arbiter as to what constitutes a violation of this provision. Violators will be assessed a minimum fine of $300 and/or immediate suspension of service and without refund.

SQL Server
Nice Host's SQL server resources may not be used as a data repository for any web site that is not hosted on our servers. All connections to the SQL servers must originate from IPs within our network. Connections from IPs from outside of our network shall be for SQL database management and development purposes only.

Unacceptable Content
Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; or other intellectual property rights used without proper authorization; material that is obscene, defamatory,or constitutes an illegal threat. Examples of unacceptable content or links include: Warez sites, hacker programs, MP3, and IRC bots.

Nice Host reserve all rights to refuse such content from our servers.

Web Cams
Any Web Cams that keep FTP sessions open are not allowed on our servers.

Cancellation

Nice Host reserves the right to cancel service at any time. Any violation of policies which results in extra costs will be billed to the customer. (i.e. additional transfer or disk space, etc.)

All of Nice Host's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding domain registration fees, add-on/upgrade fees and overages.

For monthly web hosting contracts, if you cancel after 30th day, your account will be canceled at the end of your current billing cycle. For web hosting contracts longer than 3 months, if you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. There will be no refund for additional services.

Your account will be automatically renewed under the same terms of the expiring contract, unless you cancel the contract fifteen (15) days before the renewal date. Promotions are not included in renewals.

Due to security concerns, all cancellations must be submitted to suppor@Nice Host. Cancellations via email or telephone requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Cancellations are processed from 9am - 5pm EST Monday-Friday. No cancellations are processed on holidays or weekends.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Nice Host of an infringement of your copyright, the DMCA requires that you:

  • Send your notification to Nice Host's designated agent. You may choose any of the following three avenues for this notification:
    • Email to abuse@Nice Host
    • Mail or courier to Nice Host, Attention: Abuse, PO Box 15531 Pittsburgh, PA 15244
  • Include in your notification the following information
    • A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
    • Identification of the copyrighted work(s) claimed to have been infringed
    • Identification of the material claimed to infringe the copyright(s), and enough information for Nice Host to locate it
    • The Claimant's name, address, and telephone number(s)
    • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
    • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner

Failure to Follow Policies
The failure by a customer to meet or follow any of the above Terms of Service is grounds for account suspension. Nice Host will be the sole arbiter as to what constitutes a violation of the Terms of Use. Nice Host reserves the right to remove any account without prior notice. Nice Host may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Nice Host will notify the appropriate law enforcement authorities of such violation. Nice Host does not issue credits for outages incurred through service disablement resulting from Terms of Service violations.

Disclaimer
Nice Host customers agree to indemnify and hold harmless Nice Host from any claims resulting from the use of our services that damages them or any other party. The Nice Host service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of Merchantability, fitness for a particular purpose or non-infringement. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Nice Host and its employees.

Nice Host expressly disclaims any representation or warranty that the Nice Host service will be error-free, secure or uninterrupted.

No oral advice or written information given by Nice Host, its employees, licensers or the like, will create a warranty; nor may you rely on any such information or advice. Nice Host and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Nice Host RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.



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