Nida Host TOS

Terms of Service

1) Account Setup / Email on File

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud.It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. Servers normally take 24-48 hours to setup, but may be prolonged if Nida Host encounters backorders or issues during initial setup. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2) Transfers

Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

3) Content

All services provided by Nida Host only be used for lawful purposes. The laws of the United States of America apply.

The customer agrees to indemnify and hold harmless Nida Host from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@nidahost.com. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared, Reseller and Dedicated/VPS Servers include: IRC Bots, Pirated Software / Warez hosting, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@nidahost.com.This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers, we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers, Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4) Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Nida Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Nida Host.

5) Payment Information

You agree to supply appropriate payment for the services received from Nida Host, in advance of the time period during which such services are provided. You agree that until and unless you notify Nida Host of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Nida Host, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Nida Host provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@nidahost.com. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.

Nida Host reserves the right to change the monthly payment amount and any other charges at anytime.

6) Backups and Data Loss

Your use of the service is at your sole risk. Nida Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nida Host servers.

7) Cancellations and Refunds

Nida Host reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time by sending a cancellation request via the client control panel at least 7 days before the renewal date. Cancellations will not be accepted via support ticket or email. Nida Host gives you a 7 day money back guarantee on managed shared hosting, reseller hosting and VPS hosting. There are no refunds on dedicated servers, administrative fees, install fees for custom software, domain name purchases or any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc...). Nida Host Solutions have the right to refuse any refunds. Refunds will only be processed if there is any problem caused or the fault of Nida Host Solutions. Any refunds requested by a client who's product/service is working perfectly, or is not working correctly due to the fault of the client, will not be accepted.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

8a) Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds.

There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server.

This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

c) Run any software that interfaces with an IRC (Internet Relay Chat) network.

d) Run any bit torrent application, tracker, or client.

Please note that you may link to torrents off server, but may not host or store them.

e) Participate in any file-sharing/peer-to-peer activities

f) Run any gaming servers such as counter-strike, half-life, battlefield1942, on a server not sold for that specific service.

g) Run cron entries with intervals of less than 15 minutes.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

8b) INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

9) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Nida Host dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

11) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Nida Host does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Nida Host will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

12) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on nidahost.com, and the right to increase the amount of resources given to plans at any time.

13) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Nida Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Nida Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nida Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nida Host; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Nida Host's server.

14) Arbitration

By using any Nida Host services, you agree to binding arbitration. If any disputes or claims arise against Nida Host or its subsidiaries, such disputes will be handled by an arbitrator of Nida Host's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

15) Disclaimer

Nida Host shall not be responsible for any damages your business may suffer. Nida Host makes no warranties of any kind, expressed or implied for services we provide. Nida Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nida Host and its employees.

16) Disclosure to Law Enforcement

Nida Host may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17) Changes to the TOS

Nida Host reserves the right to revise its policies at any time without notice.




Privacy Policy

Nida Host respects the privacy and security of its customers and users of its website. Nida Host strives to provide you with a personalized Internet experience that delivers to you the information, products and services that you need. In order to achieve this goal, Nida Host sometimes collects information during your visits to our website.

Nida Host promises that:

- We do not and will not offer for sale, share, or lease any information given to us by you, except as disclosed in this privacy policy (“Privacy Policy”).

- Our Privacy Policy applies to prospective, current, and former customers and users.

We have prepared this Privacy Policy to enable you to understand which personal identifying information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

Information We Collect

Nida Host collects certain information from and about its users in three ways: (I) from our web server logs, (II) with cookies and (III) directly from the user.

Web server logs: When you visit our website, Nida Host may collect “Non-Personally Identifiable” information to administer the site and analyze its usage, such as:

- Your Internet protocol address (explained below);

- The type of browser or computer you use;

- The number of links you click within our website;

- The state or country from which you accessed our website;

- The date and time of your visit;

- The name of your Internet service provider;

- The web page from which you linked to our website; and

- The pages you viewed on our website

Internet Protocol (“IP”) Address

An IP Address is a number assigned to your computer while using the Internet from which Web servers can automatically identify your computer. Nida Host servers gather your IP address and the webpage from where you linked to our website. Your IP address assists Nida Host in administering and optimizing the website for you, analyzing website usage, and diagnosing problems with the website.

Cookies

Our website uses cookies (i.e., small bits of text that our servers place into a file on your computer's hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. Cookies may also store Personally Identifiable Information (defined below) you have entered so that you do not have to continually reenter the same information. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Nida Host website.

Personally Identifiable Information

On some pages of our website, users can register to purchase products or services, receive personalized content and participate in surveys or forums. When you register, Nida Host may ask you for some personal information, which may include, but not limited to, your full name, postal address, phone number and email address. We may then contact you with information about Nida Host products and services.

If you purchase products or services, we may also request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.

Additional Information

As a security measure and to ensure that our website and computer network remain available to all customers, Nida Host may use software programs to monitor network traffic or to identify unauthorized attempts to upload or change information, or otherwise cause damage. These software programs may also collect information regarding your use of our website and computer network.

You may also be asked to disclose personal information to us so that we can provide technical support assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. If you choose to correspond with us through electronic communication (e.g. email, online chat or instant messaging), we may retain a copy of the electronic communication together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

How We Use Your Information

Nida Host uses the information we collect to notify you about your account and to notify you about changes to the terms and conditions governing your use of our website, products and services. We may also use the information we collect to notify you about other products and services we think you will find valuable and about special offers. You may notify us of your desire not to receive notifications relating to new products and services and special offers by “opting-out” as provided for below. Our employees, contractors, or agents will at times require access to your Personally Identifiable information. Nida Host permits access to such information only for business purposes, such as administration and developing our products or services.

Information Released

Nida Host may release some customer Non-Personally Identifiable information, this website’s traffic patterns, and related website usage information to our affiliates and reputable third parties on an aggregated basis. We take measures to select product or service providers that are responsible and afford similar privacy protections to their customers. However, we do not make any representations about the practices and policies of these companies.

Nida Host may share or disclose Personally Identifiable information with agents and contractors who use such information on behalf of Nida Host or in connection with administering or delivering products and services on behalf of Nida Host.

SPECIAL CASES OF RELEASE

Both Personally Identifiable and Non-Personally Identifiable information may be transferred to a third party: 1. As required by law, in a matter of public safety or policy, or as compelled by a court of law 2. In the event of a change of ownership or assets; and 3. To affiliated entities of common control, such as subsidiaries and parent companies. The use of your information by these affiliates of common control will comply with this Privacy Policy.

Contacting You Directly

Nida Host may contact you directly through the email address or other information you provide to confirm information or purchases we have successfully received from you. Nida Host will also contact you to respond to your questions, to provide the services you request, to manage your account, and/or to inform you of any service announcements.

Opt-Out Provision

If you don't want to receive promotional materials from Nida Host, you may opt out at any time. You may "opt out" by contacting us at privacy@nidahost.com. Upon properly opting-out, Nida Host will take reasonable efforts to delete a user's personal information from its database. However, please note that it may be impossible to entirely delete a user's information because some residual information may reside on backups or records of deletions.

Third Party Sites

The Nida Host website includes links, ad banners, etc. to other websites which may or may not be affiliated with Nida Host. Notwithstanding any affiliation, Nida Host does NOT control and is NOT responsible for the information and/or content you provide to and transactions you engage in with such third party sites. Please be aware that the operators of these other websites may collect and use different information about you that is not consistent with Nida Host’s Privacy Policy. For any concerns as to the privacy of your information on these websites, please refer to their respective privacy policies.

Children

In accordance with the Children’s Online Privacy Protection Act (COPPA), Nida Host does not knowingly collect or solicit any Personally Identifiable information from children under the age of thirteen (13).

How We Protect Your Information

Nida Host has employed the use of electronic security measures to protect against the loss, theft, misuse, alteration, or unauthorized disclosure of your information submitted to our website. These measures include firewalls, use of passwords, anti-virus and detection software.

When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology. However, please note that electronic communication (e.g. email, online chat or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers or passwords to us through unsecured electronic communication.

Content Placed In Public

Some pages of the Nida Host website may make chat rooms, forums, message boards, news groups or instant messaging available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing personal information in these areas. Don't disclose information in these public forums that might be considered confidential – such as financial information, social security numbers, passwords or email addresses. Users should be aware that when they voluntarily disclose personally identifiable information on the bulletin boards or in the chat areas, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on such sites and are beyond the control of Nida Host.

You represent and warrant that posting content to any public area of the Nida Host website will not infringe or violate the rights, including but not limited to intellectual property rights, such as copyrights, patents, trademarks and trade secrets and rights of privacy and publicity of any third party.

Transfer of Data Abroad

If you are visiting Nida Host website from a country other than the countries in which our servers are located (currently the United States), the various communications will necessarily result in the transfer of information across international boundaries. By visiting our website and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Privacy Policy.

How to Correct Inaccuracies

If you've registered with our website, you can access and update your information online at our forums and our account management system. Otherwise, you may contact us at admin@nidahost.com

Modifications to the Privacy Policy

Nida Host hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All such changes to this Privacy Policy will be effective when posted on Nida Host website.

Questions or Concerns

If you have any comments or questions regarding this Privacy Policy please contact Nida Host via email at admin@nidahost.com. Effective Date of This Privacy Policy This Privacy Policy was last updated on January 9th, 2012.

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