The Company provides hosting services to the Client based on the following guidelines.
(i) All services provided by The Company may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any international laws is prohibited. This includes, but is not limited to: Copy Righted Material, material we judge to be threatening or obscene, or material protected by trade secrets or other statute. The subscriber agrees to indemnify and hold harmless The Company from any claims resulting from the use of the service which damages the subscriber or any other party.
(ii) Pornography or sex-related merchandising is prohibited on all nervenet hosted sites. This includes sites that link to such content.
(iii) If you are unsure whether or not a sites content falls into this category, please feel free to contact us before signing up for an account or publish material as an existing customer.
(iv) The Company will be the sole arbiter is determining violations of the provision.
(v) Also prohibited are sites that promote any illegal activity or present content that may be damaging to nervenet or other servers on the internet. Links to such materials are also prohibited. This includes the following:
a. Pirated Software. b. Pornography and sex-related merchandising. c. Violations of Copyrights. d. Hacker programs. e. Warez Sites. f. Hate Propaganda.
The Company will be the sole arbiter as to what constitutes a violation of this provision.
(vi) We do not allow the storage or distribution of MP3 files containing copyrighted music. You may distribute MP3 files of music you have created
(vii) Unsolicited Commercial Email (Spam) is not allowed from sites hosted by The Company. This also applies to the use of E-Mail address or domains maintained by The Company. If The Client is discovered using a site for this purpose, or selling software that provides or assists for bulk email content, then the account and site will be terminated with immediate effect.
The Company will be sole arbiter as to what constitutes a violation of this provision.
(ix) We do not allow clients to install their own CGI or PHP chat rooms.
(x) A minimum of 5 working days notice must be given in order to cancel a hosting plan. If you decide to cancel a plan half way through a month, you will be charged the full amount for that month. We do not give partial refunds on monthly fees. If you pay annual and wish to cancel you must give 3 months notice. If you do wish to cancel your account, then it is your responsibility to ensure that we receive your request. You will be notified within 24 hours, confirmation that we have received your request. If you do not receive this confirmation, then your account will still be active and you will be charged accordingly.
(xi) In the event of written notification of account termination being sent by Nervenet to a customer, any such communication sent by normal post shall be considered received by the customer.
(xii) Any threat made by The Client to the any member of The Company will result in your account being closed without notice. All matters will also be reported to the local authorities. Examples of threats include some of the following:
a. Threatening to post defamatory remarks about The Company to any other public domain.
b. Threat to cancel payment on credit cards or obtain a refund from credit card company
c. Mail Bombing – Sending of multiple duplicate enquires or emails.
d. Threat to harm our business.
(xiii) CRON Jobs are considered on a case-by-case basis, if accepted an extra charge will be incurred, based on the systems resources used and operational maintenance needed.
(xiv)We provide TELNET (SSH) access on some accounts, but only for testing purposes. There is no warranty of any kind should SSH fail to function for off server connections or activities.
(xv) Any attempt to undermine or cause harm to a server, customer or The Company is strictly prohibited. Offenders will be prosecuted to the full extent of the law.
(xvi Domains are registered in the customer’s name. The Company is listed as technical, admin or sometimes billing contact for the domain name. These contact details can be changed at the customer’s request, but we reserve the right to cancel any hosting agreement connected to the domain name if this is done
(xvii) Domain name registration fees are not refundable; it is the customer’s responsibility to ensure that domain names are spelled correctly prior to ordering domain names.
(xviii) We reserve the right to refuse, cancel or suspend service at our sole discretion.
(xix) We reserve the right to transfer any sub-domains in domains of our possession to an alternative domain.
Your use of The Company’s services is at your sole risk. All of The Company’s services are provided on an “As is” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
The Company makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Nervenet service.
IN NO EVENT WILL The Company BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE The Company’s SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The laws of England shall control the formation, construction and interpretation of this agreement. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.
Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in England, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
The Company reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to The Company, you signify your agreement to these Terms of Service.
All complaints will be investigated promptly. Serious violations of terms or conditions can be ground for immediate account deactivation without refund