Customers are assumed to have a basic knowledge of how to use the Internet, including the skills required to maintain your account. Customers are responsible for acquiring and maintaining all equipment, software and services (ISP) necessary to connect to, and make use of, Netvolution.com, Inc.’s services.
Netvolution.com Inc. and Customer agree to the following terms and conditions.
Websites are to be used by the primary owner only. Customers are not permitted to resell, store, or give away web hosting services off of their web site to other parties except when an express written agreement has been entered into between Netvolution.com and Customer. Web hosting services are defined to include allowing a separate, third party to host content on the owner's web site (ad banners excluded).
Any attempt to undermine or cause harm to a server or customer of Netvolution.com is strictly prohibited. Unauthorized use of any account or computers may result in a warning or, without notice, in account suspension, account termination or legal action.
Netvolution.com maintains control and ownership of any and all IP numbers and addresses that may be assigned to a Customer, and reserves, in it’s sole discretion, the right to change or remove any and all IP numbers and addresses.
Customer agrees not to use any server for distribution, storing, processing, linking to or otherwise handling in any way the following:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files,and any material in violation of any applicable law, rule, regulation, ordinance or statute.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content, including profanity, violence or any mature content. Netvolution.com
will be the sole arbiter as to what constitutes "adult material".
- Content that may be considered prejudicial, inflammatory or discriminatory to an individual’s race, creed, color, sexual orientation, religion or any other protected classification.
Netvolution.com reserves the right to remove any material from the Customer's web space that is deemed unacceptable by Netvolution.com, Inc.
Netvolution.com, Inc.'s policy concerning "spam", or unsolicited e-mail and cross posting to Usenet newsgroups is immediate cancellation. If you engage in the sending of spam, loading of spam software or any related activities on our network, your services will be terminated immediately, with no prior notice, and no refunds for unused services will be granted. Netvolution.com is the sole arbiter as to what constitutes a violation of the above provisions.
Customer’s account is set up on a prepay basis. Setup fees charged for all new accounts, and any material account changes, are non-refundable. All pricing is guaranteed for the term of prepayment. Netvolution.com reserves the right to change prices and packages at any time and for any reason, upon notice to Customer.
Payment is due on the first of every month. Any account not brought current within fifteen (15) days of the due date is subject to suspension and late fees. Please see the schedule below for details. Service fees do accrue during any period of suspension. Invoices for those customers who pay by check will be sent via mail two weeks before payment is due. Customer is responsible for all money owed on the account from the time it was established to the nearest billing period end after the time that Customer notifies Netvolution.com in writing of its request for termination of services. Checks returned unpaid (NSF) will be assessed a $30 charge. Customer is responsible for all domain registration fees. All payments must be made in US dollars.
LATE FEES: HOSTING & SERVERS
- 15 days after invoice date a late charge of 2% or $7.50 (whichever is greater)
- 30 days after invoice date Netvolution.com may either assess an additional late charge as set forth above, or may disable the site (add $25.00 service fee)
- 45 days after invoice date we remove the account from our servers(Reinstatement requires 1 year advance payment plus $100 re-instatement fee)
LATE FEES: ALL OTHER SERVICES (programming, graphic design, etc.)
- 2% of statement balance will be charged for each 15 day period that passes without payment.
- Returned Payment Fee: $50.00
Customer and Netvolution.com agree that the actual damages to Netvolution.com resulting from late payment by Customer would be impractical and difficult to determine, and that the above described late fees and charges represent a reasonable and bargained for estimate of those damages at the time this contract is signed.
30-Day Money Back Guarantee
Netvolution.com is pleased to offer Customer a 30-day money back guarantee. If, for any reason, within the first 30 days of service, Netvolution.com does not meet Customer’s expectations, Customer may cancel the services by written notice and Netvolution.com will refund the hosting plan fee. Any additional services used such as add-on items, disk space or additional data transfer can not be refunded and must be paid. All 30-day money back guarantee requests MUST be done via fax or registered mail with a valid signature of the primary contact of the account, the domain(s) and account name(s).
Netvolution.com will be the sole arbiter as to what constitutes a violation of any of the above policies and conditions. Netvolution.com reserves the right to cancel Customer’s service at any time for any reason. Except as specifically set forth above, no refunds will be issued. Customer may cancel service at any time, effective the end of their current billing period, with a minimum 10 days notice. Due to security concerns, account terminations ARE NOT accepted via email. All account termination requests MUST be done via fax or registered mail with a valid signature of the primary contact of the account, the domain and account name(s). The accounts will be canceled at the end of the current billing period.
Disclaimer and Limitation of Liability
Netvolution.com makes no warranties of any kind, express or implied for its services. Netvolution.com disclaims all warranties, including without limitation warranties of merchantability or fitness for a particular purpose. Netvolution.com will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits or data) arising in connection with this agreement or the services rendered hereunder, even if Netvolution.com has been advised of the possibility of such damages. Further, Netvolution.com, Inc.’s aggregate liability arising with respect to this agreement and the services rendered hereunder will not exceed the total amount of payments made by client to company pursuant to this agreement. Netvolution.com shall have no responsibility or liability for failures due in whole or in part to acts or omissions of Customer or Customer’s agents, or employees, or due to failures of or defects in hardware, software or communications systems. Customer agrees that the limitation of liability herein and the disclaimer of warranties represent a voluntary and mutually agreed allocation of risk and responsibility in a reasonable manner having due regard to the rates and prices charged by Netvolution.com, Inc.. Customer acknowledges and understands that the Internet is an evolving means of communication and that Netvolution.com may encounter technical or other difficulties beyond its control.
Customer agrees to defend, indemnify and hold harmless Netvolution.com, Inc., its agents, customers, officers and employees, from and against any and all actions, damages, demands, liabilities, losses and claims, including reasonable lawyer’s fees, arising out of or as a result of Customer’s use of any Netvolution.com, Inc.’s facilities and services or Customer’s violation of these terms and conditions.
Customer agrees that its agents, employees, customers and clients, as well as all sub networks, resellers, reseller’s clients and dedicated servers of Netvolution.com shall be bound by the terms and conditions set forth herein. Failure to follow any term or condition will be grounds for immediate account suspension or deactivation.
This agreement (“Agreement”) represents the entire agreement and understanding between Netvolution.com Inc. Customer regarding the subject matter hereof, and supersedes any other written or oral agreements, representations and prior negotiations. Upon notice published on-line, Netvolution.com may modify the terms and conditions contained herein and may discontinue or change the services offered. This Agreement will be governed and construed in accordance with the laws of the state of California, USA, and shall be binding upon the parties hereto, their successors and permitted assigns. The Customer shall not be entitled to assign this Agreement to any party without Netvolution.com, Inc.’s prior written consent, which may be withheld at its sole discretion. This Agreement does not constitute and shall not be construed as constituting an agency, partnership or joint venture between Netvolution.com and Customer. Neither party shall have the right to act on behalf of or to contractually obligate or bind the other in any manner whatsoever. Each party acknowledges that all services performed by it or its employees hereunder shall be as an independent contractor. Should any litigation be commenced between the parties hereto or their personal representatives concerning any of these terms and conditions, or the right or duties of any person in relation thereto, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for their attorneys’ fees in such litigation or in a separate action brought for that purpose.