Terms of Service

Introduction

NibbleNetwrx Acceptable Use Policy (“AUP”) for products and services, is designed to protect NibbleNetwrx, its customers, and the Internet community in general from fraud, abuse of resources, and irresponsible or illegal activities. Usage of NibbleNetwrx’s services requires agreement with the following policies. NibbleNetwrx makes no guarantee regarding, and assumes no liability for, the security and integrity of data or information a user transmits via the Service or over the Internet, including data information transmitted via any server designated as “secure.” NibbleNetwrx does not monitor, exercise control over, or accept responsibility for the content of information passing through its network. All persons and organizations, including NibbleNetwrx customers, who transmit information over or who publish information made accessible through NibbleNetwrx’s network are responsible for the content of the information and for complying with the laws applicable to its publication.

Privacy Policy

• NibbleNetwrx will not sell or knowingly disclose its customer lists or customer email address lists.
• NibbleNetwrx will attempt to protect the privacy of NibbleNetwrx.s customers on NibbleNetwrx.s network.
• NibbleNetwrx will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain NibbleNetwrx.s systems and services, or to protect NibbleNetwrx, or its customers.
• NibbleNetwrx will not monitor or disclose a customer’s private email messages unless required by court order or law.
• NibbleNetwrx will cooperate with the authorities and will notify such authorities if it suspects that a customer is engaged in illegal activities.

Notices

Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you.

Payments for Services

• Your invoice is generated on the anniversary of the account creation date(depending on the billing frequency selected). The due date is the date of the invoice, unless prior payment arrangements have been made with NibbleNetwrx. Your credit card will be charged on the Due Date. You are responsible for the fees and charges set out on the page describing the Services you have purchased, according to the terms set out on that page. In addition, certain aspects of the Services may be billed by third parties to you, through us. All of these are referred to collectively as “Fees.”
• Customer shall be required to keep an automatic payment method (such as a valid credit card or Paypal account) on file with NibbleNetwrx throughout the term of the contract to be automatically charged upon creation of a new invoice. Any payment not received within thirty (30) days of the due date will accrue interest at a rate of two percent (2%) per month, or the highest rate allowed by applicable law, whichever is lower.
• Customers are responsible for making payments on time for all of their services. Acceptable payment methods are: Checks, Paypal and All Major Credit Cards. If a payment is made through a Paypal subscription, the customer is responsible for any duplicate, incorrect or un-cancelled Paypal subscriptions. NibbleNetwrx is not responsible for any payments made for a service after the service cancellation date.    If any checks are returned for insufficient funds, there will be a charge of $35.00.

Money Back Guarantee

We offer a no questions asked 30-day money back guarantee for normal use. If an account is cancelled within the initial 30-day period for a T.O.S. violation, a refund will not be provided.

Cancellation Policy

Cancellation requests must be submitted to our billing department through the ticketing system. Cancellation requests require accounts to be current along with at least a 24hr notice prior to the next renewal date. Requests made after or within 24 hours prior to your renewal date will be processed on the following renewal date. For example, if you are due on the 10th of the month, you must inform us that you wish to cancel the service before the midnight of the 9th in that same month. Charges for services will continue until the cancellation request has been confirmed.
If your services are being paid from a Paypal subscription, it is the responsibility of the buyer to cancel the subscription at the same time that the service is cancelled. NibbleNetwrx is not responsible for any Paypal subscription payments made after the service cancellation date. A service may be cancelled and refunded for any reason within the first 30 days of the original start date of that service.

Customer Responsibilities

Each NibbleNetwrx customer is responsible for the activities of its own customers or end-users and, by accepting service from NibbleNetwrx, agrees to inform its customers and/or end-users of this AUP or its own Acceptable Use Policy, which must be co-extensive and consistent with these terms.
Customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. NibbleNetwrx expects customer to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable and those uses to be avoided.
You are required to provide us with accurate information when setting up your account and when corresponding with us. Occasionally, we may need to communicate with you by e-mail about the Services. You agree to maintain a working email address at all times. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.

Services

NibbleNetwrx provides many different hosting options for it’s clients. These hosting options are detailed on our website(s), and are subject to change without notice. We are under no obligation to modify any current service(s) to reflect any new change(s)s on our website(s).

1. Domain Name Service

• • NibbleNetwrx provides optional domain name service registration and hosting for our clients. When purchasing a domain name(s), you also agree with the Policies and Procedures for Enom, our domain registrar.

2. SSL Certificates

• • SSL certificates may be purchased and installed by submitting a request in a billing ticket with the domain name. Once the SSL is installed, you will receive an invoice for that certificate.

How long does it take for SSL installation?

•    Domain Validation certificates can take up to 2 days, after owner approval, to be issued.
•    Organization Validation certificates may take up to three days, after owner approval, to be issued.
•    Extended Validation certificates can take up to 10 days, after owner approval, to be issued. The processing time may vary.

IP Addresses

We will provide, at no cost to you, one primary IP address by default, two with a Cpanel hosting package, which will be subject to change at any time.

Service(s) Usage

• NibbleNetwrx’s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state or local regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. NibbleNetwrx reserves the right to discontinue services to customers and environments, which compromise the network integrity.
• Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, illegal pornography, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service NibbleNetwrx provides to customers.
• Customers are prohibited from transmitting on or through any of NibbleNetwrx’s services, any material that is, in NibbleNetwrx’s sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

What does the term “Unlimited” mean for disk space and bandwidth?

For packages that include unlimited disk space or bandwidth, we do not have specific limits. These packages are not billed according to the amount of disk space or bandwidth used. These resources are continually monitored to protect our network, and to allow clients to create and maintain an online presence.

With any of our hosting packages, we require all customers to understand and agree with our Terms of Service and utilize disk space and bandwidth in a manner consistent with the normal operation of a website. Should we find that a client is  using more resources than should be expected to operate and maintain a normal web presence, we will restrict these resources to protect our network.

What determines “normal” usage for shared hosting?

Our package resources are monitored constantly, providing us up to date information used to determine what we consider to be “normal” usage. The majority of our clients will be within the normal range of usage. If an account usage should become an issue, the client will be notified to reduce their usage.  Clients will be allowed up to 48 hours to reduce their usage before additional action is taken.

Normally, most clients will remain unaffected by these guidelines. Most of the clients using resources outside of the normal range are using the package to store video and/or image files, or for file sharing. Although we offer other packages that can handle those situations, the shared platform is not designed for that type of use.

Maintenance

To meet growing demand, NibbleNetwrx will periodically be required to perform infrastructure upgrades to our network. NibbleNetwrx will do it’s best to schedule these upgrades during off-peak hours to reduce the effect of any associated

downtime. A notification will be sent prior to any scheduled maintenance.

Physical Access

You will have no physical access to any Virtual Private Server or Dedicated servers at our location, without prior, written approval from an authorized NibbleNetwrx agent.

Prohibited Activities and Abuse

• Harassment, whether through language, frequency, or size of messages, is prohibited.
• Customers may not send any email that has not been explicitly solicited. If a recipient asks to stop receiving email, the customer must not send that person any further email.
• Customers are explicitly prohibited from sending unsolicited bulk email messages (“junk email” or “spam”). This includes, but is not limited to, bulk mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Spam complaints and/or RBL listings are grounds for filtering port 25 such to block spam and stop complaints on our network. Any Spam activity and/or spam complaints waive money back guarantee, any option of refund, and any service credits.
• Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
• Malicious email, including but not limited to “mailbombing” (flooding a user or site with very large or numerous pieces of email) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.Forging of header or any other information is not permitted.
• Subscribing someone else to a mail list or removing someone else from a mail list without that person’s permission is prohibited.
• NibbleNetwrx accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
• These rules apply to other types of Internet-based distribution mediums as well, such as RLG’s Ariel system (a system for sending FAX-like documents over the Internet).
• Customers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site).
• Customers may not operate an Open-relay mail server.
• Customers may not operate or host any website or service promoting illegal activity such as: warez, illegal pornography, hacking, cracking, phishing, scams, credit card harvesting websites, illegitimate ecommerce websites (those which defraud consumers of funds), or any material illegal in the USA. If customers are not sure if their content is illegal in the USA, seek legal counsel before implementation of
• NibbleNetwrx services. NibbleNetwrx reserves the right to discontinue service(s) due to any violation without refund. NOTE: NibbleNetwrx, Inc. operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in NibbleNetwrx.s sole discretion requires immediate termination, in which event services will be immediately terminated.
• Customer may not participate in P2P networks such as bit torrent, Kazaa, streaming video, public proxy services, Napster, IRC, gnutella, edonkey, instant message proxying, http/https proxy, or any other proxy protocol. Attempts to circumvent these rules through a proxy, non-conventional ports, encryption or otherwise any other method will result in account termination without refund. These rules are to protect NibbleNetwrx.s network and the quality of service NibbleNetwrx can deliver to clients. Customers may operate a private and secured proxy service, such as an encrypted authenticated VPN, authenticated socks proxy, authenticated http proxy for private or corporate use. Overall, NibbleNetwrx does not allow any type of anonymous/unrestricted/unauthenticated proxying in or out of NibbleNetwrx.s network.
• Customers may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). 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, or probing the security of other networks.
• Customers may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, overload of a service, and any activity resulting in the “crash” of a host.
• Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
• Customers must safeguard their account passwords and keep all websites, code, scripts, programs, etc up to date to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer’s account. If customer grants public write permissions to customer’s account, customer is liable for fees for disk space consumed by any others writing to the account.
• Users who violate systems or network security may incur criminal or civil liability. NibbleNetwrx 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.

Violations and Enforcement

At NibbleNetwrx’s sole and reasonable discretion, violations of any element of this AUP may result in a warning to the offender followed by suspension or termination of the affected service if customer does not cease the violation. NibbleNetwrx may immediately suspend or terminate service with or without notice if NibbleNetwrx reasonably determines that a violation of the AUP has occurred. NibbleNetwrx will enforce this AUP according to the severity of the offense and violator’s history of prior AUP infringements. Severe and/or repeated offenses will result in immediate termination of service. NibbleNetwrx is not liable for damages of any nature suffered by any customer, end-user, or any third party resulting in whole or in part from NibbleNetwrx exercising its rights under this AUP. NibbleNetwrx has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the NibbleNetwrx network but, where possible and necessary, may do so at its discretion. Therefore, NibbleNetwrx does not assume liability for others’ violations of the AUP or failures to terminate those violations. NibbleNetwrx reserves the right to assess time and materials charges to resolve customer issues that are not resolved by the customer in a timely manner.

Limitation of Liability

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that NibbleNetwrx has no liability, of any sort, for content you or your customers access from the Internet.

NibbleNetwrx provides no guarantee that the Services will be uninterrupted, or continuous, that you will be able to access NibbleNetwrx’s network at a particular time, that any data transmitted by NibbleNetwrx is accurate, error free, virus free, secure, or inoffensive. You acknowledge that it is your responsibility to keep back-up copies of your data. NibbleNetwrx is not responsible for any loss of data, for any reason. NibbleNetwrx is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

IN NO EVENT WILL NibbleNetwrx’S LIABILITY EXCEED THE FEES ACTUALLY RECEIVED BY NibbleNetwrx FROM YOU FOR THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM NibbleNetwrx SHALL BE INTERPRETED TO INCLUDE NibbleNetwrx’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH US.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD NibbleNetwrx OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF NibbleNetwrx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

 

***These Terms Are Subject To Change Without Notice***