NetMaxtor® Hosting Inc :: Terms of Service ::

Terms of Service:
NetMaxtor® Hosting Inc provides services to clients all around the world. NetMaxtor® has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

Content:
All services provided by NetMaxtor® Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless NetMaxtor®, Inc. from any claims
resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links

Pirated software
"Illegal MP3's"
Hackers programs or archives
Warez Sites
Child Pornography

NetMaxtor®, Inc will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:
NetMaxtor®, Inc is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package.

To maintain the integrity of our service the following traffic/usage limitations apply.

Sites with banners, graphics or cgi's running from their domain being used on other domains.
Sites with immense graphic archives or galleries.
Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
Sites running large chat room gatherings.
Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, NetMaxtor®, Inc may move your site to a different server, to reduce the load on the server you are currently residing... NetMaxtor®, Inc will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time NetMaxtor®, Inc may move your site to a different server, to reduce the load on the server you are currently residing... Chat Rooms:
NetMaxtor®, Inc does allow clients to install their own chat rooms. However, these tend to be large
system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs
NetMaxtor®, Inc may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs:
NetMaxtor® does allow Cron Jobs to be conducted on our servers.

IRC:
NetMaxtor® currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections:
Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts:
NetMaxtor®, Inc may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Telnet - 2 hours

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a NetMaxtor®, Inc. server or using an email address that is maintained on a NetMaxtor®, Inc. machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

These accounts will be suspended until account owner respond to NetMaxtor®, and also Spammers are not entitled for the 30 day money back guarantee.

Server Abuse:
Any attempts to undermine or cause harm to a NetMaxtor® Inc. server or customer of NetMaxtor®, Inc. is strictly prohibited. NetMaxtor®, Inc. will pursue legal action to the fullest extent for all abuse of the NetMaxtor® Inc. Network.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. NetMaxtor®, Inc reserves the right to remove any account without prior notice. If
NetMaxtor®, Inc deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Privacy Policy
NetMaxtor®, Inc. respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information
NetMaxtor®, Inc will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit Sprint Web sites, respond to our Web-based advertisements or send us email.

All order forms on NetMaxtor®, Inc utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a NetMaxtor®, Inc order form will be sent and will arrive privately and unaltered at a NetMaxtor®, Inc server. This security prohibits other companies and Web users from being able to access your information.
NetMaxtor®, Inc will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when NetMaxtor®, Inc may require that you provide personally-identifiable information:

to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
to request more information about new or current NetMaxtor®, Inc products or services

If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete
your information from our existing files.

When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:

we may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
we may contact you if we have questions about your account

NetMaxtor®, Inc will not sell personally-identifiable information to third parties, unless stated at the time
of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.

CUSTOMER DOMAIN REGISTRATION PRODUCT AGREEMENT EXTENSION
WHEREAS, Parent is authorized to provide Internet registration and management services for second-level domain names within .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC and .MOBI top level domains and .NAME Defensive Registrations and .NAME Mail Forwards;

WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC or .MOBI top level domains or .NAME Defensive Registrations or .NAME Mail Forwards through Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

1. DEFINITIONS
(1) 'TLD' refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC and .MOBI

(2) 'gTLD' refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP and .MOBI

(3) 'Domain Order' refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension

(4) 'Registrant' refers to the registrant/owner of a Domain Order as in the OrderBox Database.

(5) 'Registrar' refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record;

(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order;

(7) 'Whois Record' refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry;

2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.

(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

4. SURVIVAL
In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive

APPENDIX 'A'
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS

1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and

(1) any mail received via post at this Address would be rejected;

(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.

(2) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Customer understands that the Privacy Protection Service is only available for certain TLDs

(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement

(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to -

(1) if Parent receives any abuse complaint for the privacy protected domain name, or

(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

(3) for the resolution of disputes concerning the domain name

(4) or any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services

3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer's nondisclosure of these terms to Registrant of Domain Order.

4. INDEMNITY
Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder.

NetMaxtor® Hosting Inc, 2005 ~ 2008. All Rights Reserved.Terms of Service & Service Level Agreement
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