Hosting Terms, Conditions and Acceptable Use Policy
NeT4gains provides Internet World Wide Web page hosting and e-mail services. NeT4gains has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.
NeT4gains's general policy is to act as a neutral provider of access to the global Internet and has specific ethical concerns regarding the use of its computers detailed below. NeT4gains reserves the right to suspend or cancel a customer's access to any or all services provided by NeT4gains when NeT4gains decides that the account has been inappropriately used.
Specific Acceptable Use Policies
Unauthorized use of other people's accounts or computers:
NeT4gains will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc.
Any unauthorized use of accounts or computers by a NeT4gains customer, whether or not the attacked account or computer belongs to NeT4gains, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content of any kind or provide links to adult content elsewhere. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.
The use of NeT4gains's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. NeT4gains is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Usage of Server Resources:
Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of NeT4gains servers. Any violation of this policy may result in corrective action by NeT4gains, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in NeT4gains's sole and absolute discretion. If NeT4gains takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Commercial advertisements with e-mail:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to NeT4gains's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a NeT4gains server, and selling or distributing software (on a Web site residing on a NeT4gains server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. NeT4gains reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
These limitations apply to ALL email accounts, mailing lists and anything else that you use to send email using your NeT4gains account.
The limits have been introduced in order to clearly define what is permissable and to provide a stable platform for all users. These limits apply to each CPanel account. If you have more than 1 mailing list installed on the one account....
The combined total of all email received/sent via your account/mail lists must not exceed these figures:-
A Maximum of 20 pieces of email per hour is permitted.
A Maximum of 500 pieces of email per 24 hour period, per cpanel user account is permitted.
If your mailings exceed these limits, you are likely to recieve the emails back into your inbox as undeliverable.
If your mailing list Would / Does exceed these limits, then you would need to outsource the list to a 3rd party provider.
NeT4gains no longer hosts sites that deal with mass email type services. Failing to observe the above limits will result in the mail list software being disabled or having your account suspended.
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
NeT4gains do not host financial sites (such as bank, brokerage) without verification of accreditation and company papers. Company has to be verified by us prior to account activation. Any sites that are found to contain this content will be suspended or terminated without any warning.
Abuse of Traffic and Storage:
NeT4gains customers are privileged to be offered high traffic NeT4gains customers are privileged to be offered high traffic and large amounts of storage for their web sites. We expect our customers to use these resources in good faith. The intention of NeT4gains is to provide a large space to serve web documents, not an offsite storage area for electronic files. Sites that fall under "storage area" are large archives of images, compressed files, movies, or sound files. NeT4gains allows up to 50 megs of archive storage per active cPanel account, ie. movies, sound files (including mp3, real audio files), images, compressed files, Real Audio or Video archives etc. we reserve the right to remove the abusive files.
To prevent abuse;
NeT4gains email accounts may not be used for permanent storage of email, and must be cleared periodically. In other word s, don't click the "leave mail on server" box found in many popular email clients and/or if You use WebMail delete your email.
- NeT4gains's web space must be used as a facility for web hosting only;
- NeT4gains's storage must not be used as a facility for backup purposes;
- All non-HTML files must be referenced by HTML files. All web pages (HTML) must be 'linked' with all files (.gif, .jpeg, .exe, etc.) stored on NeT4gains's servers. Web sites that are found to contain no html documents or a number of unlinked files are subject to warning, suspension or cancellation at the discretion of NeT4gains management.
NeT4gains will be the sole arbiter as to what constitutes a violation of this provision..
Customer agrees to pay for additional generated transfer over his/her account limit. Customer shall be charged according to our current price list posted on the Hosting page of this web site.
Prohibited Program and Software
IRC software. We do not allow running any IRC related software, programs or services. This includes but not limited to: IRC servers, IRC clients, IRC bouncers, IRC proxy, IRC bots, and other related software.
Background process. We do not allow any kind of background running software, programs or services.
Any kind of proxy server. It is not allowed to run any kind of proxy server whether it is running as a background process, CGI scripts or any other means. This includes all kind of proxy servers for any protocol.
Backups and Data Loss
Your use of the service is at your sole risk. NeT4gains is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on NeT4gains servers.
Payment & Cancellation Policy
All accounts are set-up on a pre-pay basis and all fees paid are non refundable. All pricing is guaranteed for the term of pre-payment. NeT4gains reserves the right to change the prices of any of its services at any time.
All NeT4gains's accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length.
Payment is due every 1 month from the date on which the account was established, or every 1 year if the account is paid for yearly.
Clients will be automatically charged UNLESS a cancellation request has been received. Cancellation requests must be sent to firstname.lastname@example.org at least 5 days before your next billing date.
All of NeT4gains web hosting packages are backed by a 7 day money back guarantee. If you are not completely satisfied with our services or support within the first 7 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. For all NeT4gains's clients who cancel, the full contract amount less any setup fees and overages will be refunded if NeT4gains is notified within the first 7 days following activation. No refund is available after the 7 day.
Due to security concerns, Refunds will be made by company check or issued back to your credit card within 7 days of receipt of cancellation.
NeT4gains reserves the right to refuse service to anyone. Customers may only use NeT4gains's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
Customer agrees that it shall defend, indemnify, save and hold NeT4gains harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NeT4gains, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NeT4gains against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with NeT4gainss's server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from NeT4gains's server.
NeT4gains reserves the right to revise its policies at any time without notice.