TERMS
OF SERVICE
NCMetronet provides World Wide Web page hosting. NCMetronet reserves the right to suspend
or cancel a customer's access to any or all services provided by NCMetronet when
NCMetronet decides that the account has been inappropriately used or otherwise.
NC Metronet is not responsible for the content of any web pages hosted on it's servers,
and the opinion and views expressed in the web pages hosted on it's servers do not
necessarily reflect those of NC Metronet. The contents of the web pages hosted on the NC
Metronet servers are not reviewed in any way before they appear on its servers. However,
pages hosted NC Metronet servers cannot contain, or contain links to, any of the
following: copyrighted material not belonging to you; nudity, sex or pornography; foul
language; hate propaganda; mail fraud; pyramid schemes; insults to other persons or
companies; information on obtaining, constructing, and/or use of illegal weapons, weapons
of mass destruction, or terrorist weapons; the encouragement of the use of violence,
illegal weapons, or weapons of mass destruction; and anything illegal. This includes
anything considered adult only material. The account holder is solely responsible for the
content of any of their pages hosted on NC Metronet servers. NC Metronet
does not host adult oriented sites! NC Metronet allows CGI scripts and processes, however if a
particular script or process is found to be consuming an inordinate amount of resources,
that script or process may be disabled at the discretion of NC Metronet. NC Metronet
has the sole discretion and judgment in determining whether a script or process is
consuming an inordinate amount of resources.
Sending bulk/spam e-mail or news postings
from our server, or sending such e-mail or news postings with a NC Metronet hosted web
site listed as the contact address, is grounds for immediate termination of the account.
NC Metronet also reserves the right to terminate accounts advertising or distributing
software or services that may contribute to news or e-mail spamming.
The account holder may not offer, give, or
sell e-mail services using the provided NC Metronet e-mail servers to persons or entities
outside of the account holders own organization or entity. For example, e-mail services
cannot be given away to the general public by an account holder similar to Hot Mail or
Yahoo! mail services. However the account holder can use or allocate as many e-mail
accounts as the account holders hosting package allows for persons or use within the
account holders business or organization.
NC Metronet will not host domains which may
violate any copyright, trademark, or any "anti-cybersquating" laws.
NC Metronet does backup data on its
servers, however it is highly recommended that customers maintain their own copies of
their data.
Resellers are responsible for the actions
of their clients and the content of their web sites. All reseller clients must comply with
all rules and regulations included in these terms of service.
Violation of any of these conditions is
grounds for immediate termination of a web hosting account. NC Metronet has the sole
discretion and judgment in determining whether a page's content has violated these
conditions.
SERVER USE
NCMetronet reserves the right to refuse service and /or access to its servers to anyone.
NCMetronet does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music
files, and any material in violation of any Federal, State or Local regulation. Adult
Material - Includes all pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely to the discretion of
NCMetronet.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking.
IP spoofing, etc., and encrypting of any of the above. Also includes any sites which
provide "links to" or "how to" information about such material.
UNLIMITED USE POLICY
High bandwidth usage: NCMetronet offers an unlimited use policy by maintaining very large
ratios of bandwidth per customer. In rare cases, NCMetronet may find a customer to be
using server resources to such an extent that he or she may jeopardize server performance
and resources for other customers. In such instances, NCMetronet reserves the right to
impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. NCMetronet may implement
the following policy to its sole discretion:
When a website is found to be monopolizing the resources available
NCMetronet reserves the right to suspend that site immediately. This policy is only
implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Customers may be offered an option whereby NCMetronet continues hosting the website for an
additional fee.
Limitation of Liability: The account holder understands that the Internet and other
various networking communication mediums are not secure, unless explicitly specified as
such, and may be subject to interception or loss. NCMetronet makes no warranties of any
kind, either express, implied, or statutory concerning the data or information available
through the NCMetronet servers.
IN NO EVENT WILL NC METRONET BE LIABLE TO
THE ACCOUNT HOLDER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES
ARISING OUT OF THE SERVICES OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT, EVEN IF NC
METRONET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO THE ACCOUNT HOLDER.
NC METRONET, ITS OWNERS, OFFICERS,
DIRECTORS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE
FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE NC METRONET SERVERS, CAUSED IN WHOLE
OR IN PART FROM THE USE OF THE NC METRONET SERVERS, CAUSED IN WHOLE OR IN PART BY ITS
NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING,
REPORTING, MAINTAINING, OR DELIVERING WEB SITES. IN NO EVENT WILL NC METRONET, ITS OWNERS,
OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE TO THE ACCOUNT HOLDER OR ANYONE ELSE
FOR ANY DECISION MADE OR ACTION TAKEN BY THE ACCOUNT HOLDER I RELIANCE ON SUCH CONTENT. NC
METRONET, ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE TO
THE ACCOUNT HOLDER OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM THE USE OR INABILITY TO USE THE NC METRONET SERVERS.
In the unlikely event of an interruption of
web server service greater than six hours in duration, the account holder will not be
charged for that down time.
The account holder agrees to use the
account in a way that conforms with all applicable laws and regulations. The account
holder specifically agrees not to make any attempt to gain unauthorized access to any
systems or networks contained either within or outside or under the direct control of NC
Metronet. NC Metronet reserves the right to remove any page it deems unacceptable for any
reason without prior notice.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although NCMetronet reserves the right to
change prices of accounts or services at any time all pricing is guaranteed for the period
of prepayment. Payment is due each anniversary year or month following the date the
account was established. Customers will automatically be invoiced again at the end of
their prepay period unless closure notification has already been given.In situations where
the card number on file is declined NCMetronet will immediately suspend the facility to
purchase services on-line until the outstanding charge is processed successfully. In
addition, NCMetronet reserves the right to suspend other services until the outstanding
debt is cleared. The customer is responsible for all money owed on the account from the
time it was established to the time that the customer sends a written cancellation
request.No bills or invoices will be sent by regular mail. All invoices will be sent
directly to customers via email shortly after the online purchase has beenmade. At this
point the customer's card will be charged automatically.
All payment is in US Dollars.
PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down
NCMetronet runs a limited number of payment options. Credit / Debit Cards:
NCMetronet accepts Mastercard, Visa (not Visa electron)
Check Payment:This option is only available to customers who pay annually for their
NCMetronet account. A credit / debit card number will still be required if customers
require the facility to purchase domains and other services on-line. NCMetronet cannot
guarantee that a service will be operational until after any received checks have been
cleared.
Accounts paid by credit card will be billed automatically Annually. Accounts paid by check
will be billed Annually. Failure to pay for services may result in a temporary
interruption of service or the termination of your account. Returned checks or
re-instatement of your account will result in an added $20.00 service fee.
Accounts that exceed their allotted hard
drive space (1000 MB for the Basic or Advanced account) will automatically be billed at
the rate of $5.00/month for every additional 1MB of disk space used.
CANCELLATION AND REFUNDS
NCMetronet reserves the right to cancel the service at any time. In this
event customers will be entitled to a pro rata refund based upon the
remaining period of membership. If a customer commits a breach NCMetronet's terms of
service, a refund will not be issued in the event of a cancellation. Customers may cancel
their account at any time. Fees charged on a prepay basis are non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold NCMetronet harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against NCMetronet, 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 NCMetronet against liabilities arising out
of; (1) any injury to person or property caused by any products sold or otherwise
distributed in connection with NCMetronet' server; (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 customer from NCMetronet'
server.
DISCLAIMER
NCMetronet will not be responsible for any damages your business may suffer. NCMetronet
makes no warranties of any kind, expressed or implied for services we provide. NCMetronet
disclaims any warranty or merchantability or fitness for a particular purpose. The
includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and
all service interruptions caused by NCMetronet and its employees. NCMetronet reserves the
right to revise its policies at any time.
By clicking on the following link, or by
continuing to the web hosting sign up page, or by requesting an account for web hosting
services with NC Metronet, the account holder agrees to the above terms and conditions.
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