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.
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
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.
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
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.
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.
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.
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
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.
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.