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The use of services from NOCOHosting.com (hereafter referred to as "NOCO Hosting") constitutes agreement to these terms.
1. Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with a contact email address which is not at the domain(s) which you are using for your hosting account. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure that the email address on file is current at all times. Providing false contact information of any kind may result in the termination of your account.
2. Content
All services provided by NOCO Hosting may only be used for lawful purposes. The laws of the State of Colorado, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless NOCO Hosting from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@nocohosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@nocohosting.com and we will be happy to assist you.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, as will any site hosting any other pornography. Violations will be reported to the appropriate law enforcement agency.
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately terminated.
We reserve the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the clean up fee is left entirely to the discretion of NOCO Hosting.
4. Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify NOCO Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done via the cancellation form provided.
5. Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and 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 our servers.
6. Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We provide an unconditional 30-day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. There is no refund of setup fees or domain name fees.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
7. Resource Usage
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.
f) Run cron entries of less than 15 minute intervals.
8. Mailing List Policy
There is a 200 per hour email limit per domain. If you send over this amount in any hour, most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per email address. If you go over this, you're likely to get a wrong password error message saying 'login incorrect.' Just wait an hour and it will automatically unlock you. To prevent this from happening again, make sure to disable auto checking, or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi-dedicated or dedicated hosting solution. Please note that dividing one large list into smaller lists to get below this limit is not allowed.
Mailing List Rules:
1. Anytime you're sending a message, no matter how large your mailing list is, you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle, you must switch to something else.
We recommend phpList, which can be found in your control panel under Fantastico. If you do not throttle and you try sending, for example, 500 emails, the server will try sending all 500 in 1 second, which is not possible. This will cause the server load to go very high and the entire server will be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, your account will most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1 AM - 8 AM Eastern Time on Monday - Friday.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming, because the subscribers never agreed to you personally sending them mail. We do not care and how you justify it, this is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We have a zero tolerance policy regarding the sending of unsolicited e-mail.
9. Bandwidth Usage
You are allocated a monthly bandwidth allowance which varies according to the hosting package purchased. Should your account exceed the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level hosting package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
10. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
11. Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime, you may receive one month of credit on your account. Approval of the credit is at the discretion of NOCOHosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact admin@nocohosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions.
12. Shared Accounts
Shared accounts may not resell web hosting to other people. You must maintain your own backups.
13. Indemnification
Customer agrees that it shall defend, indemnify, save and hold NOCO Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NOCO Hosting, 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 NOCO Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NOCO Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from NOCO Hosting's server.
14. Arbitration
By using any NOCO Hosting services, you agree to binding arbitration. If any disputes or claims arise against NOCO Hosting or its subsidiaries, such disputes will be handled by an arbitrator of NOCO Hosting's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
15. Disclosure to Law Enforcement
NOCO Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
16. Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied, for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
17. Changes to the Terms of Service
We reserve the right to revise our policies at any time without notice.
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