Nexigen provides Internet World Wide
Web page hosting, Marketing, and Development. Nexigen has certain legal
and ethical responsibilities consisting with the use of its server and
equipment involved in these services. Nexigen's general policy is to act
as a provider of Internet presence. Nexigen reserves the right to
suspend or cancel a customer's access to any or all services provided by
Nexigen when we decide that the account has been inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to Nexigen's servers or customers is
strictly prohibited. Nexigen will strongly react to any use or attempted use
of an Internet account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning etc. Any
unauthorized use of accounts or computers by a Nexigen client, whether or
not the attacked account or computer belongs to Nexigen, will result in
action against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action, depending on
the seriousness of the attack.
Nexigen has the right to
discontinue service, or deny access to anyone who violates our Policies or
the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No
refunds of fees paid will be made if account termination is due to violation
of the terms outlined herein. Unacceptable uses also include, but are NOT limited to,
bulk
emailing, sending unsolicited email (spam), newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark infringement, warez,
cracks, software serial numbers, and/or anything else determined by
Nexigen to be unacceptable use of Nexigen's services including abuse of
server resources. Accounts may be terminated if
they include the following content or contain links to the following
content: Providing material that is grossly offensive to the Web community,
including blatant expressions of bigotry, racism, hatred, instructional
information about illegal activities, the promotion of physical harm or
injury against any group or individual, the display of material containing
obscene nudity or pornographic material (not applicable to dedicated
servers), material that exploits children under 18 years of age, acts of
copyright infringement including offering pirated computer programs or links
to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities. Customers may not run IRC
bots or clients on shared servers.
Abuse of Traffic
Nexigen's shared web hosting accounts are intended to serve web
documents, not an off site storage area for electronic files. More than 90%
of files stored in these accounts must be linked to web pages. Web sites that
are found to contain either no html-encoded documents or a large number of
unlinked files are subject to warning, suspension, or cancellation at the
discretion of Nexigen management. Any customer who violates Nexigen's
Policies in abusing either space/site transfer will be notified and given 2
days to remedy the problem. If the problem is not resolved within the
allotted period, the client will be billed for the overages. To maintain the
integrity of our shared hosting service the following limitations apply:
Sites may not store banners, graphics or CGI scripts running from their
account for use on other domains either on or off Nexigen's systems. Sites
may not offer files or archives for download (50% or more of the monthly
traffic cannot be from file downloads). Sites may not use more than 30% of
system resources for longer than 60 seconds. Nexigen will be the sole
arbiter as to what constitutes a violation of this provision.
Unsolicited
Email (Spam)
Unsolicited commercial advertisements or solicitations (spam)
are not allowed in any e-mail sent from a Nexigen system or with an address
from a domain hosted on a Nexigen system. Abuse of the e-mail system will
result in account cancellation. Nexigen takes a zero-tolerance approach to
spam originating from our servers or for spam advertising of domains hosted
on our servers and network. We will charge the compromised account up to $25 per
unsolicited email message sent. You may not send unsolicited bulk or
commercial messages ("spam"). This includes, but is not limited to, bulk
mailing of commercial advertising, informational announcements, charity
requests, petitions for signatures, and political or religious tracts
whether to an individual or internet newsgroup. Such messages may only be
sent to those who have explicitly requested it from your domain. Forging,
altering or removing electronic mail headers is prohibited. Any domain
sending stealth spam will be terminated without warning and without refund.
You may not send numerous copies of the same or substantially similar
message with the intent to disrupt a server or account ("mail bombing").
Mail may not be used to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a
recipient asks to stop receiving e-mail, you must not send that person any
further messages. If you use the services of another provider to promote a
web site hosted by or through Nexigen (spamvertising), then the provisions
of the above Policy shall apply as if the spam were sent through our
servers.
CGI Scripts
Many shared web hosting accounts come with its own cgi-bin directory. You
are free to use any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation.
Background
Running Programs
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra charge will be
incurred based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers. You
can, however, install IRC clients and servers on dedicated servers.
Cancellation
Nexigen reserves the right to cancel service at any time. All fees paid in
advance of cancellation will be pro-rated and paid by Nexigen if Nexigen
institutes its right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer, space
etc). All of Nexigen's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund
of the contract amount excluding setup fees, domain registration fees, and
overages. Setup fees are refundable only if the account order is canceled
prior to account activation. For all web hosting clients who cancel, the
full contract amount less any setup fees and overages will be refunded if
Nexigen is notified within the first 30 days following activation. No refund
is available after the 30th day. Refunds will be made by company check or
issued back to your credit card within 30 days of receipt of cancellation.
Accounts which violate this HAUP will not be eligible for a refund.
Intellectual
Property Rights
Material accessible to you through Nexigen's services may be subject to
protection under United States or other copyright laws, or laws protecting
trademarks, trade secrets, or proprietary information. Except when expressly
permitted by the owner of such rights, you may not use Nexigen's servers or
network in a manner that would infringe, violate, dilute, or misappropriate
any such rights.
Network Security
Customers may not use the Nexigen network with an attempt to circumvent user
authentication or security of any host, network, or account. This includes,
but is not limited to, accessing data not intended for the customer, logging
into a server or account the customer is not expressly authorized to access,
password cracking, probing the security of other networks in search of
weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail bombing, or
other deliberate attempts to overload or crash a host or network. Nexigen
will cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations. Users who
violate system or network security may incur criminal or civil liability.
Electronic Commerce
You will be solely responsible for the operation and maintenance of your
online store. You are responsible for any and all contents and materials
appearing on your site, including without limitation the accuracy and
appropriateness of content and materials appearing, ensuring the content and
materials appearing within the store or related to your products do not
violate or infringe upon the rights of any third party, and ensuring that
the content and materials appearing within the store or related to your
products are not libelous or otherwise illegal. You will be solely
responsible for the final calculation and application of shipping and sales
tax. You will also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer inquiries or
complaints that may arise. You are responsible for the security of any
customer credit card numbers and related customer information you may access
as a result of conducting electronic commerce transactions through your web
site. You will keep all such information confidential.
Static / Dynamic
Content Caching
You expressly grant to Nexigen a license to cache the entirety of your
Web Site, including content supplied by third parties, hosted by Nexigen
under this Agreement and agree that such caching is not an infringement
of any of your intellectual property rights or any third party's
intellectual property rights.
IP Address
Ownership
Nexigen shall maintain and control ownership of all IP numbers and addresses
that may be assigned to you by Nexigen. Nexigen reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and
addresses.