Web Hosting Acceptable Use Policy and Terms and Conditions

You must accept these terms if you wish to use our services.

By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. To help keep this pricing down, we ask that you abide by our Terms of Service and follow our Acceptable Use policies. Common sense is the best guide as to what is considered acceptable use. If you have any questions about these policies, please send your questions to info@netpublicist.com.

NetPublicist reserves the right to refuse service to anyone at any time, however, if NetPublicist should deem it necessary to initiate termination of services with you, NetPublicist specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall NetPublicist be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

ACCEPTABLE USE POLICY

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. NetPublicist reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use
NetPublicist servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3", "Adult Content (Pornography) sites", "Gambling sites". Also prohibited are sites that promote any illegal activity or present content that may be damaging to our NetPublicist or any other server on the Internet. Links to such materials are also prohibited. NetPublicist will be the sole arbiter as to what constitutes a violation of this provision.

System and Network 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, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Tortious Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Mass Mailings
NetPublicist has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the NetPublicist servers and/or network. Violation of the above terms will result in one or all of the following:

• A warning from NetPublicist personnel by E-Mail or Telephone
• Removal of DNS for the advertised/originating site
• Temporary shutdown of the website/server or a block on outgoing mail
• Permanent disconnection of service

Repeat violation of the above terms will result in the following actions

• Immediate disconnection of service with no re-activation
• A $1000 fee assessed and charged to your account for violation
• Absolutely NO REFUNDS for ANY REASON
• Additional $10 fee charged to your account per E-Mail sent after notification

If your actions have caused NetPublicist servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP's and Web Hosting companies around the world, you will be assessed a $1000 charge to your account and $150 per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please send them to postmaster@netpublicist.com. If you want to report abuse by one of our users, please send the e-mail to abuse@netpublicist.com.

Mailing Lists
Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple: if your customers begin to send spam complaints to IS about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to the postmaster@netpublicist.com.

Modification
NetPublicist reserves the right to add, delete, or modify any provision of this Acceptable Use Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations NetPublicist’s policy may contact via e-mail: abuse@netpublicist.com.

TERMS AND CONDITIONS

This is an agreement between you and NetPublicist regarding your use of NetPublicist's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which NetPublicist makes the services offered by NetPublicist available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " NetPublicist " webhosting or similar services. Under this Agreement, you must comply with NetPublicist's then current "Acceptable Use Policy," as updated from time to time by NetPublicist, which can be viewed at : http://www.netpublicist.com/policy.html

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Registration Requirements:
Any potential Customer signing up for an NetPublicist account must be 18 years of age or older and provide current and accurate billing information including legal name, address, telephone number, and billing method. The Customer is responsible for reporting any and all changes, including new or updated credit card and/or bank information. NetPublicist is not responsible for any damages, financial or otherwise, which may accrue due to a misrepresentation of or failure to report current and accurate billing information.

Privacy; Cooperation with Authorities:

NetPublicist maintains a strict privacy policy. Only the Individual whose name is upon the account(s) will be permitted to request changes to said account(s). Likewise, inquiries into Customer information will be answered to the Account Holder only. However, NetPublicist will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A NetPublicist account may not be transferred without prior written approval from NetPublicist. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the NetPublicist services, including any damages resulting therefrom, until the Account Holder notifies NetPublicist's customer service.

Ownership ofE-mail Addresses, Usernames & Passwords:
Usernames,passwords, and e-mail addresses are the property of NetPublicist, and NetPublicist may alter or replace them at any time. In the interest of security, NetPublicist prohibits the use of matching usernames and passwords.

Insufficient Funds Fee:
If a check, direct debit, or a credit card charge is returned marked "insufficient funds" or is "declined" by a Member's financial institution, that Member will be subject to automatic suspension of the account, a $20.00 "insufficient funds" or "declined transaction" penalty, and a $10.00 account reactivation/late fee.

NetPublicist will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

NetPublicist's services are 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. NetPublicist expressly disclaims any representation or warranty that the NetPublicist services will be error-free, secure or uninterrupted. No oral advice or written information given by NetPublicist, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

The hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by NetPublicist, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of NetPublicist based upon the severity of the violation.

NetPublicist reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of NetPublicist's then current Acceptable Use Policy, in the sole and absolute opinion of NetPublicist. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder.

The Account Holder agrees to indemnify and hold harmless NetPublicist from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by NetPublicist, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that NetPublicist reserves the right to change the specified rates and charges from time to time.

The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups.

Account Holder is responsible for security of its password. NetPublicist will not change passwords to any account without proof of identification, which is satisfactory to NetPublicist, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that NetPublicist will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will NetPublicist be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless NetPublicist from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

The Account Holder agrees not to harm NetPublicist, its reputation, computer systems, programming and/or other persons using NetPublicist's services. NetPublicist reserves the right to select the server for Account Holder's website for best performance.

The Account Holder understands that the services provided by NetPublicist are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. If the Account Holder refuses to comply with this Section, then NetPublicist has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.

The Account Holder agrees to indemnify and hold harmless NetPublicist and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by NetPublicist The terms of this Section will survive any termination of this Agreement. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of NetPublicist.

NetPublicist will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall NetPublicist be liable to the Account Holder for any damages resulting from or related to any failure or delay of NetPublicist in providing access to the Internet under this Agreement. In no event shall NetPublicist be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of NetPublicist under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

If NetPublicist assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the NetPublicist services, the right to use that Internet Protocol address will remain with and belong only to NetPublicist, and the Account Holder will have no right to use that Internet Protocol address except as allowed by NetPublicist in its sole and absolute discretion. This Agreement constitutes the entire agreement between the Account Holder and NetPublicist with respect to the NetPublicist services and supersedes all prior agreements between the Account Holder and NetPublicist.

NetPublicist's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Sanford, FL. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

The Account Holder and NetPublicist will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

NetPublicist may include the Account Holder's name and contact information in directories of NetPublicist service subscribers for the purpose promoting the use of the services by additional potential clients. However, NetPublicist is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Florida (excluding its choice of law rules) and the federal laws of United States applicable therein.

The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Sanford, Florida for any action arising out of or relating to the Account Holder's use of the NetPublicist services. The federal and provincial courts of Sanford, Florida will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

NetPublicist may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Backups are run daily, weekly and monthly. However, we would like to stress to you how important it is for you to keep local backups on your local computer or removable media. There are instances where backups will run and replace your backup from the previous day. If you've changed something since then and need that backup, chances are we will not have it. So always keep backups stored locally!

cPanel also features a simple "Backup" button to backup your sites files anytime 24/7/365

Pornography and sex-related merchandising is prohibited on all of our servers.

NetPublicist will not host any sites that contain "adult content", "adult material", "sexually explicit content", or "sexually related material". This includes sites that may infer sexual content or links to adult content elsewhere. NetPublicist reserves the right to decide what it considers "adult content", "adult material", "sexually explicit content", or "sexually related material". Let us know if you are unsure of the approval of your site before placing an order.

All accounts are subject to verification.

Any violations of the above acceptable use policies and/or terms and conditions will result in immediate suspension of services and/or termination of your hosting account. By entering into a hosting contract with NetPublicist you agree to be bound by these policies, terms and conditions.