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No Ad Web Communications ("The Company") agrees to
furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
Use
of No Ad Web Service constitutes acceptance and
agreement to No Ad Web AUP as well as
No Ad Web TOS (Terms of Service).
All
provisions of this contract are subject to the TOS
(Terms of Service) of No Ad Web, Inc. and AUP
(Acceptable Use Policy). The AUP may be changed from
time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the
Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in
accordance with the laws of the state of Georgia, county
of Gwinnett applicable to contracts enforceable in that
state. Venue will be Gwinnett County, Georgia.
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Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may
disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request
without further consent or notification to the
Subscriber. In addition No Ad Web shall have the
right to terminate all service set forth in this
Agreement.
Payments and Fees: Service will be interrupted on
accounts that reach 5 days past due. Service interrupted
for nonpayment is subject to a $10 reconnect charge
(individual hosting accounts). Dedicated servers that
are suspended are subject to a $100 reconnection fee.
Accounts not paid by due date are subject to a $10.00
late fee. Accounts that are not collectable by
No Ad Web may be turned over to an outside
collection agency for collection. If your account is
turned over for collection, you agree to pay the company
a "Processing and Collection" Fee of not less than $50
nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this
as outlined in this TOS.
Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for
the payment of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation: All requests for canceling
accounts must be made in writing with at least 30 days
notice but not more than 60 days prior written notice
and e-mail sent to billing@noadweb.com. You must have all
account information to cancel. Free accounts that are
inactive for 120 consecutive days will be
automatically
closed.
Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many
reasons other than the negligence of the company and
that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges
payable by subscriber for services during the period
damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or
injury.
New
Domain Accounts: All new web hosting accounts involving
new domains will be set up and entered into our DNS
servers within 1 business day. Due to unforeseen
complications, however, this process may sometimes
require up to 2 business days.
Transfer of Domains: If you select transfer domain it
DOES NOT mean you will switch from your current
registrar to ours. It means you will be using a domain
you have registered elsewhere and will transfer the
hosting services. You will keep the domain where you
registered it unless you transfer the
domain registration to us.
Support Boundaries: No Ad Web, provides 24 x 7
e-mail, online technical support to our subscribers. We
limit our technical support to our area of expertise.
The following is our guidelines when providing support:
No Ad Web provides support related to your server
or virtual site physical functioning. No Ad Web
does not offer tech support for application specific
issues such as CGI programming, html or any other such
issue. If you can e-mail, we encourage you
to e-mail support@No Ad Web.com,
or post in our discussion forums for assistance. If you
are able to get online and have other questions, the
answers may be on our home page at http://www.No Ad Web.com/support/
- we encourage you to check there first. Lastly, the
Help files in the program you are using may have the
answer to your question so please do investigate these
resources before contacting tech support.
SPAM and Unsolicited Commercial E-mail (UCE):
No Ad Web takes a zero tolerance approach to the
sending of Unsolicited Commercial E-mail (UCE) or SPAM
over our network. Very simply this means that customers
of No Ad Web may not use or permit others to use
our network to transact in UCE. Customers of
No Ad Web may not host, or permit hosting of, sites
or information that is advertised by UCE from other
networks. Violations of this policy carry severe
penalties, including termination of service.
Violation of No Ad Web SPAM policy will result in
severe penalties. Upon notification of an alleged
violation of our SPAM policy, No Ad Web will
initiate an immediate investigation (within 48 hours of
notification). During the investigation, No Ad Web
may restrict customer access to the network to prevent
further violations. If a customer is found to be in
violation of our SPAM policy, No Ad Web may, at its
sole discretion, restrict, suspend or terminate
customer's account. Further, No Ad Web reserves the
right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy
violation. No Ad Web will notify law enforcement
officials if the violation is believed to be a criminal
offense.
First violations of this policy will result in an
"Administrative Fee" of $50 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $100
and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research
Fees" not to exceed $75 per hour that No Ad Web
personnel must spend to investigate the matter.
We are not
attempting to censor, nor are we attempting to curtail
the business of our customers. But as a whole, spamming
hurts our members and us more than it helps the one
spammer. Do yourself and us a favor. Don't do it!
To report a
case of spamming, please e-mail
abuse@No Ad Web.com
Network
IP
Address Ownership: If No Ad Web assigns Customer an
Internet Protocol address for Customer's use, the right
to use that Internet Protocol address shall belong only
to No Ad Web, and Customer shall have no right to
use that Internet Protocol address except as permitted
by No Ad Web in its sole discretion in connection
with the Services, during the term of this Agreement.
No Ad Web shall maintain and control ownership of
all Internet Protocol numbers and addresses that may be
assigned to Customer by No Ad Web, and
No Ad Web reserves the right to change or remove
any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our
allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What
this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that
could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the
Order Form. No Ad Web will monitor Customer's
bandwidth and disk usage. No Ad Web shall have the
right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be
taken is in No Ad Web sole and absolute discretion.
If No Ad Web 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. In the
event that a customer exceeds the included allocation,
No Ad Web may, at its sole discretion, collect a
deposit, in an amount determined by No Ad Web,
against customer's credit card on file with
No Ad Web.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the
No Ad Web Network. Violations of system or network
security may result in civil or criminal liability.
No Ad Web will investigate occurrences, which may
involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users
who are involved in such violations. These violations
include, without limitation:
Accessing data not intended for such User or logging
into a server or account, which such User is not
authorized to access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with service to any user, host
or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the
header information in any e-mail or forum posting.
Taking any action in order to obtain services to which
such User is not entitled.
Attempting to couple many hosting packages together to
take advantage of massive space or bandwidth
allocations. Each hosting package purchased is unique to
a domain name and use - please do not purchase multiple
"plan 1's" for instance to get the combined bandwidth &
space. No Ad Web will stop such transactions and
label them as deceptive. We have an upgrade path for all
services and we can often times work out special deals
for users if they ask us for the assistance.
Suspension of Service or Cancellation: No Ad Web
reserves the right to suspend network access to any
customer if in the judgment of the No Ad Web
network administrators the customer's server is the
source or target of the violation of any of the other
terms of the AUP or for any other reason which
No Ad Web chooses. If inappropriate activity is
detected, all accounts of the Customer in question will
be deactivated until an investigation is complete. We
offer a 30 day money back providing we failed to provide
you with the service as outlined for each individual
hosting plan. However setup fee's are non refundable
under any circumstances Prior notification to the Customer
is not assured. In extreme cases, law enforcement will
be contacted regarding the activity. The customer will
not be credited for the time the customer's machines
were suspended.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of
preference.
A
waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision
thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company.
Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime
without further obligation.
No Ad Web takes no responsibility for any material
input by others and not posted to the No Ad Web
Network by No Ad Web. No Ad Web is not
responsible for the content of any other websites linked
to the No Ad Web Network; links are provided as
Internet navigation tools only. No Ad Web disclaims
any responsibility for any such inappropriate use and
any liability to any person or party for any other
person or party's violation of this policy.
No Ad Web is not responsible for any damages your
business may suffer. No Ad Web does not make
implied or written warranties for any of our services.
No Ad Web denies any warranty or merchantability
for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by
No Ad Web.
Responsibility for Content: You, as No Ad Web
customer, are solely responsible for the content stored
on and served by your No Ad Web server.
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