Terms Of Service

Netsonic terms of service

Netsonic Terms of Service and Use

The policies and guidelines expressed herein supplement the rights and obligations of the parties under the Service Agreement of even date. This document establishes operating principles and acceptable use policies as they relate to the Customers use of the Internet and the connection/services provided by Netsonic to the Customer under the Service Agreement. Your site and/or domain on the Netsonic network and servers constitutes your acceptance of that which is contained herein.

General

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet. In order to facilitate their contractual relationship the Customer and Netsonic wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles governing acceptable use of the Internet by the customer

1. Responsibility and Respect

The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:
 
  a. Knowledge of the Internet – The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.
 
  b. Improper Uses – The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
 
  c. Compliance with Laws – The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortious interference, and export of technical or military data to prohibited countries.
 
  d. Validation of Information – The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
 
  e. Security – The Customer is required to protect the security of its Internet account and usage. The Customer’s password will be treated as private and confidential and not disclosed to or shared with any third parties.
 
  f. Discretion and Judgment – The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
 
  g. Pornography – We adhere to U.S. laws and regulations regarding adult-related material of any nature. No “adult sites” are allowed on the Netsonic Network.
 
  h. Excessive CPU usages – Customers will not be allowed to use excessive amounts of CPU processing on any of our Parallels® Plesk Panel shared hosting servers which includes chat rooms and poorly written cgi etc. These accounts will be suspended until the owner of said account removes such processes.
 
  i. Resale of services Shared Hosting – Customers may resell web space within their own account, but are responsible for the entire domain site content. No third party may access the account via FTP, telnet, FrontPage or any other mechanism. If clients need access to their web space, you will need to set up an additional account for them at reseller rates. Customers may not resell general mail services including, but not limited to mail forwarding capabilities, POP accounts and auto responders. The customer may not at any time resell access to, or use of, Netsonic’s preinstalled scripts including, but not limited to newcount, imagemap, htimage, cgiemail, formmail, count, nslogs as well as any custom or personally owned scripts for use by a third party while installed on the web server.
 
  j. You agree that any material you publish which would commonly be considered “indecent” or “appealing to the prurient interest”, also commonly referred to as “adult” material, will not be allowed on the Netsonic network. Any of these types of sites placed on the Netsonic Network will be removed immediately and without warning.
 
  k. You agree that the existence of such a curtain page does not necessarily preclude any further restrictions on content, including policies regarding high-volume adult sites.
 
  l. You agree to indemnify and hold harmless Netsonic in any legal action which arises as a result of your use of our services, without limitation or exception. This indemnification extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
 
  m. Netsonic reserves the right to refuse, discontinue or not renew service to anyone at any time.
 
  n. You agree not to hold Netsonic responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Netsonic recognizes that any complete service interruption in excess of 24 hours will justify a refund or credit to its customers for the appropriate amount not to exceed the amount paid to Netsonic for services, and that no further compensation will be made.
 
  o. ECPA NOTICE. Netsonic reserves the right to monitor any and all communications through or with our facilities. You agree that Netsonic is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
 
  p. You agree that you, as the person legally responsible for use of this account, are of at least 18 years of age. You also agree that you are an authorized user of any credit card that you may supply to us, and agree that we have an obligation to investigate any fraudulent credit card use.
 
  q. You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you may happen to connect to.
 
  r. You agree to adhere to system policies as published online by Netsonic, including restrictions on services available with each account type, restrictions on certain Web features, and all other policies designed to protect and enhance the quality and reliability of service at Netsonic. You agree to abide by any and all future policy decisions.
 
  s. You agree that the security of your account is first and foremost your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Netsonic immediately via telephone. You agree that if you become aware of misuse of your account, and do not notify Netsonic, you may be held responsible for that misuse. You agree that if any type of security violation is observed in association with your account, we have both the right and obligation to suspend access to the account, pending investigation and resolution.
 
  t. You agree not to transmit unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings. You specifically agree that the use of Netsonic for unsolicited mass mailings or postings (commonly known as “Spam”) will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for the damages to Netsonic, both monetary and in reputation. You further agree that the use of any other service to make such a mailing or posting, with any reference to Netsonic services (including but not limited to mailboxes, auto responders, and Web pages), shall be grounds for immediate account termination as described above. If you are a reseller or dedicated server customer you are responsible for the actions of your users. If a customer on your reseller account or dedicated server engages in the above activities, your account and or server services will be terminated without warning.
 
  tt. It is forbidden to host an IRC server that is part of or connected to another IRC network or server or acting as a command and control node for any botnet. Servers found to be maintaining a connection to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove the IRC daemon, as verified by a Netsonic staff member to ensure the IRC content has been completely removed. A second violation will result in immediate account termination.
 
  ttt. It is forbidden to host a server that is operating as a proxy that can be used to transmit bulk email (SPAM). Servers found to be providing proxy connections to outside networks or users to transmit bulk email will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove the proxy service, as verified by a Netsonic staff member.
 
  tttt. It is forbidden to host a server that is used to distribute streaming media via multicast (audio or video) using peer to peer or server side streaming applications.
 
  ttttt. If as a result of willful spam activities, the server will be immediately terminated and customer will be responsible for a termination fee of $1000.
 
  u. You agree that you are responsible for the contents and usage of your account and its Web space. You agree not to publish any copyrighted material without the full consent of copyright holders, nor to publish any libelous or hateful information of any kind. We reserve the right to suspend your account in the case of such violations.
 
  v. You agree that we have the right and responsibility to fully cooperate in any legal investigation regarding any aspect of our services, including services sold to you. Please note that any use of our system to engage in software piracy or similar violations will result in account suspension and an immediate report to the FBI, SPA, and appropriate local authorities.
 
  w. You agree to supply a current and truthful name, postal address, and telephone number for our records. Netsonic agrees not to sell or donate its mailing list to any other company, and not to publish any information about its customers beyond that which is freely published via “finger” and other standard system utilities, except for law enforcement officials. You agree that we have the right to contact you to verify that this information is up to date.
 
  x. You agree to supply appropriate payment for the services received from Netsonic, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that if you are paying by credit card, prepayments will be billed and charged automatically on the 20th day prior to the upcoming period of service or on the anniversary day of the order, invoiced 7 days in advance and that Netsonic may apply the amount due to the provided card at any time. Netsonic agrees that pro-rated refunds for unused time periods will be provided upon request in the event of account cancellation. Accounts terminated for violations of our terms of service are entitled to no refunds for unused time. No refunds are given for any paid setup fees under any circumstances and accounts are not considered canceled until written notice is given via email or fax to Netsonic with 30 days advance notice prior to the upcoming billing cycle. Cancellations will not be accepted by phone. A transfer of a domain name does not constitute an account cancellation. If due to a promotion your setup fees were waived and you did not remain in good standing for at least 180 days, the full normal setup fee will be applied to your account – $149 for dedicated servers and $49 for shared virtual hosting accounts.
 
  xx. You further agree that you are completely liable for all charges incurred for services rendered and that failure to provide payment will result in action taken but not limited to collection agencies and court action in which case, the laws of the state of Wisconsin are in effect. You also agree that all matters requiring court action will be taken up in the state of Wisconsin. Customer is liable for all legal costs and additional costs associated with such legal matters.
 
  xxx. Late fees of 10% of recurring fees will apply to all accounts that are in excess of 7 days past payment due date each month. If your account is suspended for Non-payment current new account and new domain name setup fees will be charged prior to reinstatement. Accounts are suspended 10 days after the due date.
 
  xxxx. Accounts suspended for non payment are subject to termination and removal.
 
  y. This agreement supersedes any written, electronic, or oral communication you may have had with Netsonic or any representative thereof, and constitutes the complete and total agreement between the parties.
 
  z. Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Netsonic, at our discretion. Criminal or civil prosecution may result in extreme cases. No refunds whatsoever will be given for accounts terminated for violations of any policy described above.