Please read this “Terms and Conditions of Service” agreement fully.
Welcome to Netosoft Solutions (“Netosoft”)! This Services Agreement (“Agreement”) governs your purchase and use, in any manner, of all website hosting services, email services or similar services (“Service(s)”) ordered by you and accepted by Netosoft and describes the terms and conditions that apply to such purchase and use of the Services.
You must accept the terms of this Agreement in order to use the Services. Netosoft reserves the right to change or modify any of the terms and conditions contained in this Agreement. Any changes or modification will be effective upon posting of the revisions on the Netosoft website. Netosoft may post changes or modifications to referenced Acceptable Use Policies (“AUP“) without notice to you. Your continued use of Services following Netosoft’s posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Netosoft of your termination of this agreement.
The terms and conditions outlined below are designed to protect and benefit all clients. In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an ‘unfair’ proportion of the system’s resources.
Limitation of Liability
The client agrees to indemnify and hold this Service and its associates harmless from any claims resulting from the use of the Service, including claims relating to damage to the subscriber or to any other party.
Use of Servers
Clients should not attempt to access the sites of other clients, and should not attempt to hinder the operation of our servers in any way. We reserve the right to refuse or cancel service to any client.
Your site must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behavior. This includes any site with depiction’s of nudity, as well as material relating to hacking or pirated software. We have sole discretion to determine whether a site’s content is acceptable. Sites with unacceptable content will be removed from our Servers. You must not use your site to mirror material on any other site without our express written permission. This permission will usually be declined unless the resources required are minimal.
Applicable Use Policy
The Acceptable Use Policy (“AUP“) govern the general policies and procedures for use of the Services. The AUP is posted on Netosoft’s website (or such other location as Netosoft may specify) and may be updated from time to time. You should carefully read the AUP. By using the services, you agree to be bound by the terms of the AUP and any modifications.
Investigation of Violations
Netosoft may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Netosoft will not access or review the contents of any email or similar stored electronic communications except as required or permitted by applicable law or legal process.
To comply with applicable laws and lawful governmental requests, to protect Netosoft’s systems and customers, or to ensure the integrity and operation of Netosoft’s business and systems, Netosoft may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP addressing and traffic information, usage history, and content residing on Netosoft’s servers and systems. Netosoft also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
Netosoft Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Netosoft pursuant to this Agreement, and any know how, methodologies, equipment, or processes used by Netosoft to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Netosoft, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Netosoft during the term of this Agreement. Unauthorized copying, reverse engineering and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
Billing Cycle, Invoices and Payments
Our billing cycle is monthly, quarterly or annually in advance dependent on your account type. The initial payment is due at the time you open your account. After that, we will send you an invoice via email approximately one week before each subsequent payment is due. Please note that if your payment is overdue then your account(s) may be suspended and/or removed from our servers without notice at our discretion. All fees are non-refundable.
Prices are subject to change without notice.
Account Cancellation by User
You must notify us in writing (email) that you wish to cancel your account. Notification must be submitted at least 14 days prior to account renewal. Your account will then be canceled at the end of the next billing period. If you do not inform us at least 14 days prior to the renewal date, your account will be renewed at the current fee. You will still have to pay for the full period if you cancel your account in the middle of a billing period. Cancellation does not clear you of any outstanding amounts, any balance due at the time of cancellation must be paid in full. You must ensure you have a full back-up of your data before canceling your account as we do not save your data upon cancellation and will not be able to restore that data.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion. If you breach any of the above terms and conditions or any in the AUP we reserve the right to deactivate your account immediately.
Limitation of Liability
We disclaim liability for any indirect, special or consequential damages, arising in connection with this Agreement or Service(s), even if we have been advised of the possibility of such damages.
Netosoft is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, Netosoft is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Netosoft reasonable control. In no event will Netosoft be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Netosoft services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
Server Uptime Guarantee
Netosoft guarantees a 99% uptime, you may request a refund of the purchase price if this guarantee is not met over the course of 1 (one) annum. Note that appropriate statistical data must be produced by the user indicating that our server’s uptime was less than 99% over the period in order to claim compensation.
We will provide unlimited technical support relating to the operation of your server and the use of the server’s facilities by email. Please note though that we do not generally provide support for problems with your CGI programs or HTML code, though we will provide such support, within reason, at our discretion.
Netosoft is committed to safeguarding the privacy of it’s users while providing the highest possible quality of service. We will only use the information that we collect about you lawfully. In order to fulfil your domain registration and account creation, we need to know certain personal information collected at time of order. It is our policy that this information is private and confidential. Accordingly, the personal information you provide to us is stored in a secure off-line location, and is accessible only by designated staff. It will be used only for the purposes for which you provide the information. We will not sell, rent or trade any personal information you provide to us. This information will also be used for any correspondence with users including support calls, emails and the support forum. We will not pass any of your information to any third parties unless you have given prior permission to do so.
Please keep in mind that whenever you voluntarily disclose personal information on-line in guestbooks, message boards, through email, in chat, by entering contests, posting a contact reference on your website, etc. – that information can be collected and used by others. In short, if you post personal information on-line that is accessible to the public, you may receive unsolicited messages that are completely beyond our control and responsibility.