Terms Of Service

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NorthEastHost.com

NorthEastHost.com (NEH) is a leading US web hosting service provider which provides a range of web hosting Services to its Customers. NorthEastHost.com provides the Services to its Customers subject to the terms and conditions of the Hosting Terms and Conditions (Specific Terms), the General Terms as well as the Acceptable Use Policy.

1. Interpretation and Definitions

a. Unless the context clearly indicates to the contrary, any term defined in the General Terms shall, when used in these Specific Terms, bear the same meaning as defined in the General Terms.

b. Unless the context clearly indicates to the contrary, the following words will have the meanings assigned to them in this clause:

Abusive Content

means content which NEH considers to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hate-speech, or which contains child pornography and/or content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

Application Form

means the application form completed by the Customer for the initiation of the individual Services as may be amended from time to time in terms of the Agreement and specifically includes any web-based interactive version as well as non-interactive electronic and paper versions of the Application Form;

Domain Name's

means the domain name or names that is/are the subject of the Domain Services;

Domain Services

means the Services NEH renders to the Customer in respect of the Domain Names as set out in these Special Terms;

Email

means the Services NEH renders to the Customer of (i) an email box provided by NEH to the Customer on NEH systems, which includes an email address and/or aliases to such email address from time to time and (ii) best endeavors virus protection and filtering for unsolicited commercial email (SPAM);

General Terms

mean the terms and conditions governing the contractual relationship between the Parties, duly supplemented by the Specific Terms;

Harmful Code

means any computer code which (i) is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms"), (ii) would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code), (iii) would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes) and (iv) any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations;

Location

means the NEH office situated in Monticello, NY and/or any other address indicated by NEH from time to time;

Misrepresentation

by a Customer includes (without limitation) (i) actions designed to deceive, mislead, defraud or otherwise make incorrect representations to any person regarding any fact or circumstance, (ii) impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose, (iii) altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations and (iv) forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including, without limitation, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent your own IP address;

Partyand Parties

mean NEH and the Customer;

Registrar

means the entities referred to in clause 6 or any replacement thereof and or any other entity who attends to the administration of Domain Names;

Server

means the computer hardware, machinery and equipment on which the software operates

Server Hosting

means the Services as contemplated hereunder which NEH renders to the Customer;

Software

means the operating system and applications provided by NEH;

System Abuse

means any conduct which does or may (i) damage, impair, overburden or disable any system of any person (including us) using the Server or NEH hardware, software and network, (ii) interfere with any other person's use of the Internet or of the Server or NEH hardware, software or network, (iii) compromise or tamper with the security of NEH or any other person's software, hardware, systems, networks or the Server including (without limitation) spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").

2. Undertakings and Acknowledgments

a. NEH undertakes to use its reasonable endeavors to provide the Services to the Customer on a continuous basis and for the duration of the Customer's agreement with NEH.

b. Although NEH uses reasonable care and diligence to ensure that the Services are available, accurate, complete, correct, error free, secure, up to date and/or reliable, the Customer agrees that the Services are rendered "as is" and "as available" and is used at the Customer's own discretion and risk.

3. Terms and Conditions Specific to Hosting

3.1 General

a) NEH provides Servers, space on Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.

b) The Customer shall not: make any Misrepresentation; post, upload or transmit any Abusive Content by means of the Server or through NEH information and communications facilities; replicate or store Abusive Content on the Server; perform System Abuse; propagate, distribute or transmit Harmful Code, whether or not damage is actually caused thereby; access any of the NEH or any third party hardware, software or network without authorization or through hacking, password mining or any other means; or help any third party to do any of the above.

c) The Customer agrees that if NEH in its sole and unfettered discretion determines that the Customer has breached any of 3 points above, NEH shall be entitled to exercise any rights it may have available to it in law, including without notice terminate access to any Services and/or suspend or terminate any Services.

d) 30-Day Risk-Free Guarantee Try our service risk free for 30 days. If you're not completely satisfied with our service, simply contact us to deactivate service within 30 days. We'll promptly refund your fees.

3.2 Content

1) The Customer acknowledges that NEH has no knowledge of, nor interest in Customer content hosted by NEH or published by NEH on the Customer's behalf on a Server or a shared hosting account and further that NEH does not in any way contribute or approve such content.

2) Notwithstanding this, the Customer agrees that if NEH, in its sole and unfettered discretion determines that the Customer's content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, it may: (i) forthwith request the Customer to remove such content; and/or (ii) forthwith require the Customer to amend or modify such content; and/or (iii) without notice terminate access to any Services and/or suspend or terminate any Services; and/or (iv) without notice, delete the offending content; and/or (v) notify the relevant authorities of the existence of such content (if required by law or otherwise), make any back-up, archive or other copies of such material as may be required by such authorities, disclose such elements of the Customer data as may be requested by such authorities and take such further steps as may be required by such authorities.

3) The Customer further acknowledges and agrees that nothing that NEH does in the performance of its obligations in terms of the Service shall be construed as an assumption of responsibility or liability by NEH arising from or in connection with any content as aforesaid. In particular, the limitation of liability in the General Terms shall apply specifically to any loss, destruction or corruption of the Customer's data, irrespective of the cause thereof, including NEH negligence and any system error or failure, whether foreseen or unforeseen.

3.3 Managed Shared Hosting (Web Hosting)

1) NEH will make an account available on a Server, where the Server is shared with other Customers. The Server will at all times remain the property of NEH. NEH shall be responsible for the setup, as per the standard managed hosting server configuration, of the Server at the Location on behalf of the Customer. NEH shall not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3 (i) that may result from the use of such software). Such software is accordingly used by the Customer at its own risk.

2) In this environment, Customers do impact negatively on other Customers at times. Should NEH deem a Customer's actions or activity on the Customer's account to be negatively affecting other Customers, NEH reserves the right to relocate or disable such account or accounts without any prior notice. If the account is found to be in violation of NEH Acceptable Use Policy, it may result in termination of the account should corrective measures not be taken by the Customer.

3) Where appropriate, NEH will in its sole discretion, maintain the software on its managed servers.

4) The Customer shall remain solely responsible for all bandwidth and traffic related to his/her hosting account. This includes regularly monitoring usage via Cpanel and said Customer shall be responsible for upgrading account to a more suitable plan. Unlimited hosting plans are configured with a pre set numerical value and will be adjusted when pre set limits are reaching set capacity. Any traffic management and reporting tools provided by NEH are provided solely to assist the Customer in this process, but do not absolve the Customer of responsibility, nor place any such responsibility on NEH. Should the Customer elect to make use of any such traffic management and reporting tools, the Customer acknowledges and accepts (i) that all information will not be real time information and that there will always be a one (1) day delay in the furnishing of such information and (ii) that NEH accordingly will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage sustained by the Customer resulting from the information not being provided in real time. NEH is not entitled to provide the Customer with further information on traffic usage other than what it reported via Cpanel.

5) NEH is not responsible for any licensing of any software used by the Customer.

3.4 Managed Dedicated Hosting

1) NEH shall make a Server available to the Customer for its own exclusive use. The Server will at all times remain the property of NEH. NEH shall be responsible for the setup and management of the Server at the Location on behalf of the Customer.

2) All server log files remain the property of NEH. Should the Customer request to be furnished with any server log files, a copy of the relevant log file(s) will be provided to the Customer.

3) The Customer shall under no circumstances be entitled to remove the Server from a Location.

4) NEH will be responsible for the management of the Server, both the hardware and the software, this includes upgrades at NEH sole discretion.

5) The Customer shall remain solely responsible for all bandwidth and traffic management of the Server. This includes regularly monitoring usage via konsoleH and the Customer shall be liable for any over-usage charges. Any traffic management and reporting tools provided by NEH are provided solely to assist the Customer in this process, but do not absolve the Customer of responsibility, nor place any such responsibility on NEH. Should the Customer elect to make use of any such traffic management and reporting tools, the Customer acknowledges and accepts (i) that all information will not be real time information and that there will always be a one (1) day delay in the furnishing of such information and (ii) that NEH accordingly will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage sustained by the Customer resulting from the information not being provided in real time. NEH is not entitled to provide the Customer with further information on traffic usage other than what it reported via konsoleH.

6) Should the Server become the target or source of any form of denial of Service attack, NEH reserves the right to disconnect the Server from the network should it deem that no other solution is possible at that stage.

7) NEH shall not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause that may result from the use of such software). Such software is accordingly used by the Customer at its own risk.

8) NEH is not responsible for any licensing of any software used by the Customer.

4. Managed Hosting (Shared and Dedicated) Service Availability Network Uptime

NEH does guarantee that its network will be available 99.9% of the time in a given month, excluding for scheduled maintenance on the network.

5. Terms and Conditions Specific to email

NEH shall provide the following email related Services for Customers selecting shared or managed dedicated hosting only:

a) Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (e.g. SpamAssassin which is the most widely used open source filtering software);

Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (e.g. Clam which is a very popular open source solution). An SMTP (simple mail transfer protocol) server for the sending of outgoing mail; A POP3 (post office protocol) server for the downloading of incoming mail.

b) NEH shall endeavor to make the Customer's email environment secure and reliable.

c) The Customer acknowledges that NEH shall (i) use its reasonable endeavors to support the setup and configuration and (ii) not be held responsible should there be any incompatibility between the NEH Systems and any other third party application.

d) The Customer shall not use the NEH Email Service to (i) send messages or communications which are unsolicited, offensive, abusive, indecent or obscene, (ii) send messages causing annoyance, inconvenience or anxiety to other users of the Internet, (iii) send messages for the purposes of fraud and/or with the intention of committing a criminal offense and (iv) use the Email Service in a way which breaches the provisions of the Acceptable Use Policy.

e) NEH shall be entitled to prevent the sending of bulk unsolicited Email, to and/or from a Server where (i) NEH identifies a Server that has an open mail relay, (ii) a significant volume of Email is sent from a Domain in a defined time scale and (iii) NEH has received any complaints concerning unsolicited Email originating from a NEH hosted Domain.

f) NEH shall be entitled to disable a Domain held on NEH Servers to prevent NEH IP addresses being blocked by IP address blocking technologies or services, where NEH has any complaints concerning unsolicited Email originating from or unsolicited Email being sent to promote sites being hosted on a NEH Server. The Customer of the offending Domain will be obliged to pay any third party costs required to unblock NEH address. Refusal to do so may result in termination of NEH hosting services.

6. Terms and Conditions Specific to Domain Names

6.1 Registration

1)The Customer acknowledges that:

a) all Domain Names registered by NEH on behalf of the Customer within the .com, .net, .org, .us, .info, .name or .biz domain name space, or registered by the Customer directly or through third parties are subject to the terms and conditions of the relevant domain name Registry, as such terms and conditions may be amended from time to time,

b) NEH utilizes the Services of enom.inc to register generic Top Level Domains (gTLDs such as .com, .org, .net, .us, .info, .name and .biz) as well as names in non-US country code Top Level Domains (ccTLDs such as .uk and .eu) which registration is subject to the terms and conditions of the relevant Registrar and Registry, as amended from time to time,

c) Registration, maintenance and transfer of a Domain Name is subject to the terms and conditions of the relevant Registry operator who allocates and governs such Domain Name and that NEH cannot guarantee the registration of the Domain Names selected by the Customer,

d) Registrars used by NEH may change or be replaced from time to time.

2) NEH shall use its best efforts to attend to the registration of a Domain Name or, where applicable, the transfer of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. NEH shall insert client details as the billing and technical contact of the relevant Domain Names.

3) For the avoidance of doubt it is recorded that the Domain Name shall not become the property of NEH and NEH shall not insert its details as the registrant of such Domain Names.

4) The Customer agrees (i) to pay NEH in addition to any Service Fees, all reasonable expenses and/or charges relating to the registration, transfer or renewal of a Domain Name and (ii) that NEH shall, as part of the Domain Services, host the Domain Name.

5) The Customer warrants in favor of NEH that: (i) it is the lawful registrant of the Domain Names or it has the consent of the registrant to use such Domain Name/s or it is not prohibited by law or otherwise from registering such Domain Names and (ii) in using the Domain Name, it has not violated any Intellectual Property Rights of whatever nature of any person who may lawfully claim title of whatever nature to such Domain Name or to any word or name forming a constituent part of such Domain Names.

6) The Customer acknowledges and agrees that NEH has no interest in the Domain Names and agrees that nothing that NEH does in the performance of its obligations in terms of the Domain Services shall be construed as an assumption of responsibility or liability by NEH for attending to the Domain Services.

7) The Customer further acknowledges that:

a) NEH does not guarantee that the Domain Names requested by the Customer is/are available for registration or that the use of such Domain Names will not infringe any third party rights. Domains are available on a first come, first serve basis and are available either through NEH or directly with a Registrar. Should the Customer register a domain through NEH, and provide incomplete or inaccurate information which will lead to a delay in the registration process, and the domain is subsequently taken by someone else, NEH shall not be held responsible.

b) NEH is not a Domain Name provider, but merely a third party agent acting on the Customer's instructions, to the extent that those instructions are possible and lawful,

c) the registration of the Domain Names and its/their future availability and use are subject to the terms and conditions of use of the relevant Domain Name Registry,

d) NEH does not charge any additional fees for the administrative processes involved in applying for, and where applicable, maintaining the registration of a Domain Names on behalf of the Customer and

e) any Fees incurred in the process of applying for, renewal and maintenance of registration of the Domain Names shall be borne exclusively by the Customer and are not refundable.

8) The Customer further acknowledges that any Internet Protocol (IP) address allocated by NEH to the Customer, shall at all times remain the sole property of NEH who grants the Customer a non-exclusive, non-transferable license to use such Internet Protocol address for the duration of the NEH Hosting Terms.

9) Without limiting the generality of the NEH Hosting Terms and the Acceptable Use Policy, the Customer hereby indemnifies NEH and holds it harmless against any liability and/or claim of whatever nature made by any person for any loss or damages suffered or arising directly or indirectly from the use, display and/or publication of the Domain Names.

6.2 Changes to the Domain Name

1) The Customer agrees that NEH shall not be entitled to cancel, transfer or otherwise make changes to the Domain Names, including transferring registration of the Domain Names from the registered holder to another person or entity without being in receipt of:

written instructions from the Customer or its authorized agent to take such action;written instructions from the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary, to do so;

a written and valid resolution of the members/shareholders/trustees of a close corporation/company/trust authorizing the transfer of the domain name from the close corporation/company/trust to the new registrant;

a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to him/her/it;

a letter from the executor where the registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity; an order of Court in relation to any of 5(j) bullet point 1 to 5(j) bullet point 5;

or being in receipt of an order of an Arbitration Tribunal of competent jurisdiction requiring such action in any administrative proceeding to which the Customer is a party and which was conducted under the Uniform Dispute Resolution Policy adopted by ICANN, the Alternate Dispute Resolution Regulations applicable in The US or any similar proceedings in any other ccTLD or gTLD (see clause below).

6.3 Default in respect of the Domain Service

1) Should a Customer fail to pay NEH for the registration of any Domain Names, renewals, updates or changes thereto or any other charges relating to the administration of the domain, NEH shall be entitled, in its sole and absolute discretion to:

(i) exercise a lien over such Domain Names until such time as the relevant costs or charges have been paid,

(ii) procure or allow the suspension, termination or deletion of the Domain Names; and/or

(iii) transfer the Domain Names.

6.4 Termination of the Domain Service

1) Should the Domain Service be terminated for any reason whatsoever, NEH shall, without incurring any liability of whatever nature and without limiting the generality of the NEH Hosting Terms and Conditions, be entitled to notify the relevant Registrar and/or Registry of such termination and to instruct suchRegistrar and/or Registry to remove NEH and/or any of its systems as the host of the Domain Names even if no replacement is available.

2) In the event that any of the Registrars and/or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which NEH depends for the provision of the Domain Service to the Customer, NEH will use reasonable endeavors to ensure the continuance of the Domain Service. In the event that NEH is unable to ensure the continuance under any circumstances, NEH will not be liable to the Customer or any other third party for any loss or damages (as contemplated in the NEH Terms and Conditions) incurred by the Customer or by any third party arising from, or in any way relating to, the termination of the Domain Services.

6.5 Domain Name Disputes

1) Various alternate dispute resolution mechanisms apply in respect of domain names registered globally, including the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs, the Alternate Dispute Resolution Regulations applicable in The US and similar proceedings in other ccTLDs. Such mechanisms allow for the resolution of disputes concerning the registration and/or use of a domain name.

2) Disputes between the Customer and any third party regarding the registration and/or use of the Domain Names registration may be brought in terms of such alternate dispute resolution mechanisms and/or a Court or Arbitration Tribunal that may be available to the Customer and such third party.

3) NEH will not participate in any way in any dispute between the Customer and any third party. In the event of the Customer involving NEH in any dispute, the Customer hereby furnishes NEH with the indemnity as provided for in clause 12 of the General Terms. It is specifically recorded that the Customer shall be responsible for all legal costs incurred by NEH or the attorney and own Customer scale.

7. Dating Software Terms

7.1) Dating software package, Setup, Installation and Tech Support are provided free from charges while hosted on NorthEastHost.com servers. Life time Tech support is guaranteed free as long as the dating software package remains hosted on NorthEastHost.com servers. You are granted a one domain license per purhcase.

7.2) Template files and Installation service are provided for a fee, all fees associated with Template files and Installation service are per domain, all fees associated Template files and Installation are non refundable.

7.3) Chatroom and/or IM (Instant Messenger) files and Installation service are provided for a fee, all fees associated with chatroom and/or IM files and Installation service are per domain, all fees associated with chat room/IM (Instant Messenger) files and Installation are non refundable.

7.4) Dating software files, directories and data base purchased or freely obtained from NorthEastHost.com can not be Re-Sold or redistributed to any third party entity. You are granted one license for one domain.

a) 15-Day Risk-Free Guarantee Try our dating software risk free for 15 days. If you're not completely satisfied with our service, simply delete all files and data base and contact us within 15 days. We'll promptly refund your fees.

7.5) As a condition of your use of the Dating Software, you warrant to NorthEastHost.com that you will not use the Dating Software package for any purpose that is unlawful or prohibited by these terms of conditions.

7.6) You own the rights to advertise, offer, sell any services for any business purpose. You own the rights to publish, post, upload, distribute or sell any material or information through your web site, but bear all the responsibility for it on yourself. You may sell memberships and other materials, information and/or media posted on your website.

If you have any questions or concerns, please do not hesitate to Contact Us. Thank you for using NorthEastHost.com