Terms and Conditions (TOS)

NHT  Hosting provides web hosting services and thus has certain legal and ethical responsibilities. By clicking the "Submit" button on the order page, you agree to it's terms and conditions ("the Agreement").

Appropriate use of service

NHT Hosting provides the service and makes no effort to edit, audit, control or restrict the content of data other than necessary to provides the service.

Content Restriction

All services provided by NHT Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.

Sites that promote any illegal activity, such as Warez sites, FXP are prohibited; links to such materials are also prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on NHT Hosting's servers. If you are found to be storing or linking to such materials, your account will be canceled and all monies will be forfeit. Legal charges may also occur.

Examples of unacceptable content include the following: Pirated software, Hacker programs or archives, MP3 files or archives. Adult content is not allowed on shared hosting plans.

NHT Hosting reserves the right to remove any material from Client's web space that is deemed unacceptable by us.

No site may use more than 10% of the total server output at any given time.

NHT Hosting reserves the right to terminate Client's account without refund at our discretion if said material is discovered. NHT Hosting is the sole arbiter as to what constitutes a violation of the above provisions

CGI Abuse

The Client is allowed to freely install CGI applications; however, NHT Hosting reserves the right to disable any application that unreasonably effects or interferes with normal server operations. NHT Hosting will try to inform client before said action is taken. However, in extreme cases where a script is causing harm to other users, NHT  Hosting reserves the right to disable the script before informing the client. Said situation is unlikely.

Client will not install Client's own chatroom of any kind because they tend to be large "system hogs" and therefore fall into the category described in section above. The chat room provided with your CPanel may be used at all times.

Due to their use of flat files instead of databases, NHT Hosting does not allow the use of UBB or YABB bulletin boards. Use of these boards results in system performance degradation and cannot be allowed in our shared hosting environment. We suggests using VBulletin, xMB or phpBB as a more efficient, database-driven alternative to these bulletin boards.

SPAM prohibited

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process.

NHT Hosting considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

A $250 fine will be charged for each SPAM policy violation.

Back-up Files

Client will have the ability to reinstate files which are automatically archived by NHT Hosting; however, NHT  Hosting does not guarantee the existence, accuracy, or regularity of its backup services.

Bandwidth

Client may occupy only the amount of disk Space on the NHT Hosting Server and utilize no more than the network bandwidth that is allotted by NHT Hosting. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk Space and/or network bandwidth allowance of your selected plan.

Termination

NHT Hosting has the right to terminates the account of anyone who violates this agreement at anytime without any warning or prior notice. No refund will be made if account termination is made due to violation of this agreement. NHT Hosting also reserves the right to refuse service to anyone.

Liability and Indemnification

The parties agree that in no event shall NHT Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement.

Client agrees that it will defend, indemnify, and hold harmless NHT Hosting from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against NHT Hosting, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

NHT Hosting assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Term

The term of this Agreement will continue until a notice of cancellation by NHT Hosting or Client is given, or until terminated under other provisions of this Agreement. NHT Hosting reserves the right to terminate this Agreement without cause upon notification to the Client. NHT Hosting may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by NHT Hosting to implement this Agreement is disrupted or terminated for any reason.

CLIENT may request NHT Hosting refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, CLIENT forfeits monies paid to NHT Hosting. CLIENT may cancel account with NHT Hosting and be removed from billing, thereby stopping all future charges.

Disclaimer of warranty

NHT Hosting will not be held responsible for any damages you or your business may suffer. NHT Hosting makes no warranties of any kind, expressed or implied, for services rendered. NHT Hosting disclaims any warranty or merchantability or fitness for a particular purpose. NHT Hosting assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. NHT Hosting will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from NHT Hosting.

Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, NHT Hosting will be entitled to damages, costs, and attorney's fees from the Client.