Netco Web Services
Acceptable Use Policy for Services
This Agreement represents the complete Agreement and understanding between Netco, its affiliates, shareholders, employees, directors and the account holder (hereinafter called Client) and supersedes any other written or oral agreement. Upon notice published on-line and on invoices Netco may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify our Customer Service Department at email@example.com during normal office hours so Netco can terminate your account. Failure to notify Netco and/or payment of invoices shall constitute your approval.
Overall Services and Products
1. Netco's service is provided on an "As Is, As Available" basis. Netco gives no warranty of any kind, expressed or implied, for the Web Services (Hosting and Internet Access) provided, including, without limitation, warranty of the viability of Web Services (Hosting and Internet Access), merchantability or fitness for a particular purpose or use. This no warranty expressly includes any reimbursement for losses of income due to disruption of services by Netco or its providers beyond the fees paid by the Client to Netco for services. Netco is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error - mechanical or human.
2. The right to use Netco's Web Services (Hosting and Internet Access) is not transferable.
3. Client will use the Web Services (Hosting and Internet Access) in a manner consistent with any and all applicable laws of the Russian Federation.
4. Use of any information obtained by way of Netco is at Client's own risk, and Netco denies any and all responsibility for the accuracy or quality of information obtained through its Web Services.
5. Information transmitted through Netco and through the Internet in general is not
confidential. Therefore, Netco cannot and will not guarantee privacy nor guarantee protection of any Client. We will not disclose any information about any Client unless it is by court order, subpoena or other legal request, or upon the advice of counsel.
6. Netco exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via Netco is at your own risk. Neither Netco nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does Netco or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service.
7. Neither Netco nor anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use or inability to use of the Web Services (Hosting and Internet Access) or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Web Services (Hosting and Internet Access), whether for breach of contract, tortuous behavior, negligence, by nature or under any other cause of action.
8. Client agrees to indemnify and hold without harmless Netco, its officers, employees,
agents, directors, shareholders from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the Client's account whether authorized or not authorized.
9. While Netco shall make every effort to protect data, Netco is not responsible for Client's data, directories or files residing on Netco's equipment. Client is solely responsible for maintaining data, directory structure, files and for the confidentiality of Client's usernames and passwords. Netco cannot guarantee the security of information sent through the Internet.
10. Client is responsible for all wires, lines, hardware, and software equipment and services necessary to access the Internet/Web. Netco makes no representations, warranties, or assurances that the Client's equipment will be compatible with Netco's systems.
11. Notwithstanding the above, clients remedy for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate euro amount which Client paid during the term of this Agreement and any reasonable attorney's fees and court costs.
Netiquette and Abusive Practices
Netco has developed the following policies regarding abuse of Web Services (Hosting and Internet Access). These policies were established to protect you, our Client, form Internet harassment and intrusions of privacy.
Netiquette is defined as the standards or practices an individual or organization engages in to engender responsible Internet citizenship on their behalf, as well as refraining from standards or practices, which would impose undue financial, time, or social constraints on other Clients of the Internet.
The Internet has no single governing body. There is no Internet Management to complain to when things go wrong. Every facet of the Internet is overseen by individual organizations (such as Netco) whose networks are interconnected to form the Internet. Additionally, every Client of the Internet is responsible for his/her own behavior.
12. Clients of Netco are forbidden from partaking in an "abusive practice." The following is a list of current abusive practices. Netco reserves the right to add to or modify this list at any time. Abuses include, but are not limited to:
12.1 Excessive posting of e-mail to Internet Clients who previously have not indicated
a desire to receive such e-mail;
12.2 Posting messages to multiple Internet newsgroups, which are not immediately
relevant to the topics of the newsgroups;
12.3 Posting advertisements on groups that don't specifically permit advertising.
12.4 Attempts to undermine the security and integrity of Netco's systems and trying to gain unauthorized access.
12.5 Use of Netco Web Services (Hosting and Internet Access) to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Client will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the Client is unsure of those policies, it is the Client's responsibility to ascertain said policies.
12.6 Using the Netco network for any illegal purpose.
13. Netco does not tolerate these abusive practices. The Client agrees to indemnify and hold Netco harmless from any claim resulting from the Client's or another party's use of abusive practices and/or damages you or another party.
14. Participating in an abusive practice may lead to an immediate account termination without prior notice or refund of any pre-payment.
15. Any Client who violates the SPAM policies of Netco will be charged Euro 150.00 per hour with a one hour minimum for the time it takes to "clean up" the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the "mail bombing" or other actions of the recipients in response to the SPAM.
16. Netco will in turn provide the name and personal information of any person found to be in violation of any laws to the appropriate state and/or federal officials for further legal action if requested.
17. When an Netco Client performs one of these abusive activities, Netco suffers as well. Any Netco Client who abuses the resources of the Internet in any of the following ways may lose their access to the Netco network permanently.
Trademarks, Copyrights, Patents and Rights.
18. Client warrants that it has the right to use their applicable trademarks, and grants Netco the right to use such trademarks in connection with Netco's promotion of, cataloging of, referencing of, or indexing of Netco's Clients.
19. Client agrees that any material put onto the Internet will not be libelous or harmful and that it will not violate any copyright, trademark, patent, statutory, common law, or proprietary rights of others.
20. If Client is suspected of or held responsible for any violation of the above Rights and Laws, Netco will not be held responsible under any circumstances and can not be taken into a Court of Law.
21. Material originating from the Client must not be abusive or unethical, which includes, but is not limited to pornography, violations of human rights, computer viruses, any harassing and harmful material or uses.
22. Netco 's Web Services (Hosting and Internet Access) may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
23. The Client specifically agrees to indemnify and hold harmless Netco from any claim resulting from a breach of these terms, and/or the use of the Web Services, which damages another.
24. Netco shall not be liable for any taxes or other fees to be paid in accordance with or related to Client's use of Web Services (Hosting and Internet Access). Client agrees to take full responsibility for all taxes and fees of any nature associated their Web Services (Hosting and Internet Access).
25. If any Municipality branch of the country of your residence imposes any form of taxes on the Internet, Client agrees to pay those taxes in addition to the regular charges on the Client's Account. Netco reserves the right to change its rates and policies as required. Notice of such changes will post to netco.ru and continued usage of Web Services will constitute your acceptance of the terms and policies that makeup this Contract.
26. The Client is responsible for any and all fixed and accumulative charges for this account and is non-refundable. Failure to use the services does not relieve the Client of payment obligations.
27. Billing begins once the Web Services are established.
28. Invoices will be sent to the appropriate Billing Contact through email. The first payment will include the setup fee(s) and monthly fee(s), which may be prorated for the first month if applicable. The Client has two payment options-
A. Auto draft from MC, Visa, Discover or Amex
B. Payment by check/cash.
29. Credit Card Clients agree to allow Netco to bill such card on each on each successive billing date without obtaining a signature. Credit Card Clients must notify Netco of any changes in credit card number or expiration date. If the card is not honored for any reason Netco will attempt to notify the Client via email one time. If the email is not responded to within 48 hrs. with an alternative payment, Netco reserves the right to deactivate the Client's Account. If no payment has been received within ten (10) days of deactivating the account, the account will be terminated.
30. Dishonored checks are subject to a collection fee of Euro 25.00 and your account will be suspended until the account is current.
31. Accounts are billed by invoice on a monthly, quarterly, semi-annually or annually basis. Client agrees to pay in accordance to the Billing Plan they choose.
32. Clients will receive an invoice 1 to 2 days prior to the month of service. Invoices will state; credit card(s) will be charged on the 1st business day of the month for auto draft or payment is due thirty (30) days from the date of invoice for check/cash payments.
33. Payments on invoices are due within thirty (30) days from the date of invoice. Late fees will be assessed on the balance if not paid within the thirty (30) days due. Late fee charges are assessed at a rate of 5% per month.
34. Payments not received by the 10th of the following month of service will cause an interruption in service and Netco will deactivate the Client's Account at it's discretion.
35. Payments not received by the 20th of the following month of service will cause the account to be sent to collections. Netco does and will reserve the right to make arrangements with any Client on past due accounts to prevent a collection action. However, if arrangements made are not fulfilled by the Client, they will be immediately turned over to a collection agency for collection.
36. Netco has the right to instantly terminate service for any delinquent, unpaid or partial paid accounts. Delinquent accounts are subject to the interest charge of 5% per month on the outstanding balance. Termination of service shall not relieve the Client from the obligation to satisfy outstanding invoices.
37. In the event Netco must utilize an attorney or agency to collect such sums, the Client shall be responsible for the payment of all of Netco fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the Client's relationship with Netco shall be in New Hanover county, in the state of North Carolina.
38. Netco reserves the right to change fees at any time.
39. Any account being deactivated for any reason will be assessed a deactivation and reactivation charge of Euro 25.00 each.
40. Netco reserves the right to refuse service or cancel existing accounts for any reason at any
time and will only issue a credit for prepaid months.
41. In the event that the Client wants to cancel services, Netco must be notified in writing sent via email to billing@Netco.ru with 30 days prior notice. Cancellation will not take effect until this is received and billing will continue for 30 days upon receipt of notice. Prepaid charges shall be returned to the Client within 60 days.
42. Once the Client has notified Netco of cancellation, Netco has no responsibility or control of email accounts and other services associated with the account. Netco will no longer, at that point, provide technical support to the account.
43. Netco reserves the right to cancel an account at any time. In the event of cancellation, the unused amount of charges applied to the account shall be returned to the Client within 60 days.
Web Hosting Specifics
44. Web Hosting Services: Netco's making available logical hard drive space on Internet web hosting servers in its facility, under the terms and conditions of this specification for the dissemination of Client's electronic multimedia content to the public through the global Internet. Content may include audio, video, animation, advertisements, product information,
announcements, news, software, or electronic exhibitions of various types, collectively called "Content."
45. If a site uses to many resources on a server farm, at Netco's discretion, Netco has the right to move the site onto a dedicated server with all applicable fees associated, to be paid by Client. Client will be notified before transfer begins.
46. Dedicated Server Services: Netco's making available Internet server(s) for sole use of Client's web initiatives or business initiatives under the terms and conditions set forth by Netco for the dissemination of Client's electronic multimedia content to Client's facility or to the public through the global Internet. Content may include audio, video, animation, advertisements, product information, announcements, news, software, or electronic exhibitions of various types, collectively called "Content."
47. Technical Support Primary Objective: Netco Support staff's primary objective is to diagnose potential Web Hosting server errors and to aid Client's in uploading or updating their web site. Under NO circumstances will Netco's support staff diagnose any programming related issues or any other issues with the development of content, including but not limited to, HTML, ASP, CGI, PERL, or VB Scripts without additional charges.
48. Domain and Hosting Disputes: In all disputes over hosting and domain ownership, the Domain registrant will take precedence.
49. Scripts: Our servers are not your testing platforms. Your server space is being provided to display your finished product to the web - NOT for testing purposes.
50. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that the on duty administrator deems to be potentially threatening to the overall performance of our web server will be terminated immediately and your account access will be locked out.
51. When scripts are executed that are potentially harmful to the server in the long term, the offending account will be terminated immediately without a refund of any pre-paid fees. A termination includes the purging of all files.
52. Scripts must use low system resources. Scripts that consume a large amount of server memory or CPU power will be subject to termination, and/or additional fee.
53. Scripts may not interact with any server configuration or hardware. Clients running scripts that interact with any server configuration or any hardware will be subject to immediate cancellation of the Client account without refund.
54. Any accounts with scripts found in violation of any Netco policy are subject to future scrutiny of by our systems administrator.
55. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted.
56. Any time spent by Netco to kill a script and/or to lock an account and/or make repairs necessary to the server, will be billed to the account at a rate of Euro 150.00 per hour with a one-hour minimum. Malicious scripts are subject to immediate account cancellation.
57. The Agreement constitutes the sole Agreement between Netco and Client regarding its Web Services (Hosting and Internet Access). The term of this Agreement is thirty (30) days and will renew automatically every thirty (30) days. The Laws of the State of Saint-Petersburg, Russia shall govern this Agreement. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the Saint-Petersburg arbitration tribunal. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of Saint-Petersburg shall be sufficient. This Agreement is not assignable or transferable without the express written consent of Netco. Report violations of this Agreement to support@Netco.ru . If the Client disagrees with this Agreement, Netco will terminate all Client accounts. Failure to notify Netco shall constitute acceptance.