|
The following are
the Terms & Conditions that must be agreed
upon in order to sign-up with Nuvad Technologies, Inc.
All users of our services will be bound to this
agreement.
Refusal of
Service
We reserve the right to refuse, cancel, and/or
suspend service on our systems at our sole
discretion, for any reason.
Domain Names
Domain Names registered through Nuvad Technologies, Inc./Enom
must follow the Uniform Domain Name Dispute
Resolution Policy as approved by ICANN.
Passwords -
Account Ownership
The Account Holder, as defined by the party
listed in the Nuvad Technologies, Inc.
accounting system submitted by the customer upon
initial registration shall be responsible for
maintaining security of its password. Nuvad Technologies, Inc.
will not change passwords to any account without
proof of identification, which is satisfactory
to Nuvad Technologies, Inc., which may include
written authorization with signature. In the
event of any dissolution of a corporation or
partnership, divorce or other legal action that
includes Account Holder, Account Holder
understands that Nuvad Technologies, Inc. will
remain neutral and may put the account on hold
until final adjudication of the disposition of
the domain name by a court with appropriate
jurisdiction. Under no circumstances will Nuvad Technologies, Inc.
be liable for any losses incurred by Account
Holder during this time of determination of
ownership, or otherwise. The Account Holder
agrees to indemnify and hold harmless Nuvad Technologies, Inc.
from any and all Claims arising from such
ownership disputes. In the event of a breach of
security through the Account Holder's account,
the Account Holder will be liable for any
unauthorized use of the Nuvad Technologies, Inc.
services, including any damages resulting there,
until the Account Holder notifies Nuvad
Technologies customer service dept.
Unacceptable
Content
All services provided by Nuvad Technologies, Inc.
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 City law is
prohibited. This includes, but is not limited
to: copyrighted material, material we judge to
be threatening or obscene, or material protected
by trade secret and other statute. The
subscriber agrees to indemnify and hold harmless
Nuvad Technologies, Inc. and its employees from
any claims resulting from the use of the service
which damages the subscriber or any other party.
Nuvad Technologies, Inc. will be the sole
arbiter as to what constitutes a violation of
this provision. Also prohibited are sites that
promote any illegal activity or present content
that may be damaging to Nuvad Technologies, Inc.
servers or any other server on the Internet.
Links to such materials may also be prohibited.
Pornography is not expressly prohibited, however
the legal bounds still apply.
System and
Network Abuse
Any attempt to undermine, compromise the
security of, or otherwise cause harm to any Nuvad Technologies, Inc.
equipment or customer accounts is strictly
prohibited and will result in the cancellation
of the account.
Web Site Files
The subscriber is responsible for maintaining a
complete and current copy of their web site
content at a remote location from Nuvad Technologies, Inc.
Nuvad Technologies, Inc. does perform daily
backups and there will be a $50 restore fee
should Nuvad Technologies, Inc. be required to
provide a simple website restore per subscribers
request (Additional support time may be billed
to you at a rate of $125 per hour or the current
billable rate for issues beyond simple website
restoration - e.g. database failures, et. al.).
E-mail will not be available for restore. Nuvad Technologies, Inc.
has the right to delete all data, files, or
other information in the customers web site
account, if the customer's account with Nuvad Technologies, Inc.
is terminated, for any reason, by either Nuvad Technologies, Inc.
or the customer.
Email
Spamming, or the sending of unsolicited e-mail
including, without limitation, commercial
advertising and informational announcements,
from a Nuvad Technologies, Inc. server or using
an e-mail address or domain that is maintained
by Nuvad Technologies, Inc. as reference is
STRICTLY prohibited. Nuvad Technologies, Inc.
will be the sole arbiter as to what constitutes
a violation of this provision. A user shall not
use another site's mail server to relay mail
without the express permission of the site. Nuvad Technologies, Inc.
will be the sole arbiter as to what constitutes
a violation of these provisions.
Limited
Liability
Use of Nuvad Technologies, Inc. services is at
the customers sole risk. Neither Nuvad Technologies, Inc.,
its employees, affiliates, third party services,
merchant licensors or the like, warrant that Nuvad Technologies, Inc.
web hosting service will not be interrupted or
error free. Nuvad Technologies, Inc. will make
every good faith effort to ensure that its web
servers are available to as many Internet users
as possible and that there is minimal
interruption of service as possible. In no
circumstance will Nuvad Technologies, Inc., its
employees, or its affiliates be liable for any
claims, any action either direct, indirect,
special, incidental, or consequential, or any
damages either punitive or alleged to have
resulted, including loss of profits, from the
use of or inability to use Nuvad Technologies, Inc.
services, from service interruptions, from
customer errors or problems with their Internet
connectivity, from unauthorized access to Nuvad Technologies, Inc.
hosting services, from communication failure,
from bandwidth congestion or interruptions, from
acts of God, and from acts of terrorism.
Agreement
& Account Activation
By activating your account with Nuvad Technologies, Inc.
you agree to the above policies, the 'Service
Level Agreement' and disclaimer(s). Upon
requesting an account activation, you are
required to accept these policies, guidelines,
the 'Service Level Agreement' and disclaimer(s)
and a copy of your acceptance is forwarded along
with your activation request to be maintained
within your account information.
Reporting
Network Abuse
Any party seeking to report any violations of Nuvad Technologies, Inc.
policy may contact Nuvad Technologies, Inc. at abuse@nuvad.com
|
