Customers are expected to have a basic knowledge of how to use the Internet, including all skills required to
maintain your account. For your assistance NitroMax provides users with a very comprehensive Support
website with tutorials covering FTP, HTML, CGI, SSH, and other relevant topics.
Common sense is the best guide as to what is considered acceptable use of
your NitroMax account.
What do "unlimited disk space, data transfer, and
email storage" mean?
Customers can obtain
unlimited disk space, data transfer, and email storage.
However, this applies
if they use services consistently with the Terms
of Service in these
paragraphs.
Intended use of the term
"unlimited" explained:
Our web hosting is designed to serve the needs of small, independently owned and operated
businesses in the United States. It is not appropriate
to use our services to support large enterprises or
internationally based businesses with a sustained demand
that places undue burden on our systems or negatively
impacts use by small, independently owned and operated
businesses.
NitroMax, for the most part, is a shared web hosting service,
which means that a number of customers' web sites and
other email or storage services are hosted from the same
server. We uses abuse controls to help ensure that use
of our services do not adversely affect the
performance of our system or other customers' sites. It
is not appropriate to use an account primarily as an
online storage space or for archiving electronic files.
Unlimited Disk Space:
If you use your services consistently with the Terms
of Service and these paragraphs, your site can grow as
large as necessary to meet your small business needs,
but to ensure a great experience for all, we will place
some constraints on how fast you can grow. The vast
majority of our customers' sites grow at rates well
within our rules, but our abuse controls may cause a
brief delay while we evaluate if expansion is
appropriate.
Unlimited Data Transfer:
In most cases, if you use our services consistently
with the Terms of Service and these paragraphs, visitors
to your web site will be able to download and view as
much content from your site as they like. However, in
certain circumstances, our server processing power,
server memory, or abuse controls could limit downloads
from your site.
You can also upload as much as content as you like
each month, subject only to the Terms of Service and the
rules that control how fast your site can grow (see
above).
Unlimited Email Storage:
You do not have to worry about hitting a storage
limit if you use our services consistently with the
Terms of Service and these paragraphs. Yahoo! will
increase your space along with your appropriate small
business needs, but our abuse controls may impact the
rate of growth or your folder size, and there may be a
short delay while we assess your usage. In some cases,
creating additional folders or subfolders will help
ensure that the system works well for everyone.
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The following are unacceptable uses:
Restricted Content
E-mail/Spam Policy
Copyrighted Materials
Bandwidth Usage
Excessive Usage
Clients Responsibilities
Complaints
Note: NitroMax may at any time, revise the Terms Of Service. Renewal of a web hosting account with NitroMax
would constitute acceptance to all modifications to the Terms Of
Service.
Restricted
Content
Client is expected to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of other Internet users.
Client is expected to use his/her account for the purposes of maintaining
a website only. Common sense is the best guide as to what is considered
acceptable use.
NitroMax forbids websites with adult graphic content (softcore and/or
hardcore), including, but not limited to, banners advertising any adult
website(s), child pornography, and distribution of adult website
passwords. This includes links to those kinds of websites as well. Client's whose accounts are found in violation of this policy
may, at the discretion of NitroMax, have their account(s) terminated
without notice and are subject to a maximum clean-up/disconnect fee.
Client's whose website promotes activities that violate federal, state,
local laws and/or violation of U.S. export restrictions are also not
welcome at NitroMax. This includes "warez" sites (freely
distributing copyright programs), or sites promoting hacking and/or
cracking programs. This includes links to those kinds of websites as
well. Client's whose accounts are found in violation of this
policy may, at the discretion of NitroMax, have their account(s)
terminated without notice and are subject to a maximum
clean-up/disconnection fee. Additionally, NitroMax may contact the
Software Piracy Association ("SPA") and release any information
in connection with any illegal activities relating to software piracy on
the Client's account.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script
used specifically in conjunction with IRC are not allowed. These programs
tie up system resources and are in no way related to maintaining a
website. Clients are not allowed to have any programs, including but not
limited to, Eggdrop, or any other IRC-related programs, within their
account. Client agrees not to upload the tar file for any of these
programs or to execute them within their account. The first violation of
this policy will result in the IRC-related program to be removed from the
Client's account and NitroMax will notify the Client immediately of the
violation. The second violation of this policy may, at the discretion of
NitroMax, result in the Client's account(s) being terminated without
notice and a maximum clean-up/disconnect fee.
Simply put, we ask that you use your web hosting account for the purposes of hosting a
non-adult oriented, legal website, using your web hosting account in a
responsible manner which gives due regard to the rights of other Internet
users. NitroMax is solely responsible for determining what
kind of websites we will, or will not host. If the management at NitroMax
determines that there is a problem with a Client's website, the Client
will be notified immediately. If NitroMax determines that a Client's
website will no longer be hosted on NitroMax's servers, sufficient time
will be allowed for the Client to retrieve all of his/her files from their
NitroMax hosting account before the account is permanently deleted from
the server.
E-mail/Spam
Policy
Spamming is the sending of unsolicited e-mail, regardless of size or
volume, to persons the sender does not know or have prior consent to send
the message to. Using fictitious e-mail addresses @yourdomain.com or any domain
name hosted with NitroMax is strictly forbidden. Spamming also includes
sending unsolicited advertisements to numerous email addresses or
newsgroups and/or generating a significantly higher volume of outgoing
email than a normal user. A violation of this policy extends to clients
who send unsolicited e-mail from a domain name not affiliated or hosted
with NitroMax but the mail message makes mention of a website hosted with
NitroMax.
NitroMax allows clients to send email to subscribers of their own
mailing list. Such mailings must have explicit instructions to the
recipient on how to remove his/her name from the list, and all requests to
do so must be honored immediately. Client agrees not to send email to
lists provided by an outside agency or individual. Client further agrees
not to provide mailing list services to others. Due to the nature of a
shared-server environment, NitroMax requests that mailing lists be sent
during non-peak hours, specifically between the hours of 1:00 am and 5:00
am, Central Time. NitroMax reserves the right to terminate a client's
mailing program, whether provided by NitroMax or not, immediately and
without notification to client if said list causes a problem with the
email services of other clients. NitroMax also reserves the right to
forbid a client from utilizing any mail-sending program that jeopardizes
the mail services of other clients.
Trolling, the posting of outrageous messages to generate numerous
responses, is also not allowed. Mailbombing, the sending of multiple
messages without significant new content to the same user and/or
subscribing someone else to a mailing list without that person's
permission, cross-posting articles to an excessive number of newsgroups,
or attempting without authorization to enter into a secured computer
system is strictly forbidden. NitroMax reserves the right to determine
what constitutes abuse of this policy. Clients whose accounts are found in
violation of this policy may, at the discretion of NitroMax, have their account(s) terminated without notice and are subject to a maximum $500
clean-up/disconnection fee.
Copyrighted
Material
It is the responsibility of the client to ensure that all information
within their account is their own work. Due to distribution rights of
shareware programs, clients may not distribute freeware software programs
unless the programs are their own work. Copyrighted materials include art,
music and other works. MP3 is a popular file format for encoding music.
While we do not ban MP3s, we do ask that any MP3s you have on your website
are not in violation of any copyrights. Copyrighted music, in any format,
cannot be placed within client's account. This includes linking to
other websites that have copyrighted material as well. Clients agree to indemnify
NitroMax of any possible litigation involving trademark or copyrighted
materials. The best rule to follow is not to copy work from someone else
unless you have been granted permission to use these materials on your
website.
Client agrees not to modify any copyright notices in features (Perl
programs, etc.) provided by NitroMax. Modification of scripts provided by
NitroMax without written permission is strictly prohibited.
Bandwidth
Usage
The text below outlines the common sense rules that apply to
bandwidth usage. In the best interests of our
customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:
1. Customer's site must use and store only the information and data that relates to the
web site, at the IP address provided by the NitroMax.
2. Customer may not resell or give away web space under a domain name, nor may
customers build web sites that house "sub domain" web sites on behalf of other companies, groups or individuals.
3. Customer may not use web site to store web pages, files or data for other IP addresses or domain names, nor may
customer use its web site as a repository for file, data or "Warez group" download transfers.
NitroMax reserves the right to make this determination, in its sole and absolute
discretion.
4. Customer may not use its web site as a storage area for files that are not linked to
customer's web pages. Bandwidth is provided for User's
web site, not for customer's personal file storage.
5. Bandwidth is to provided our customers for active web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files.
NitroMax permits up to 15 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on
our servers and vice versa.
6. NitroMax does not permit sites to have bandwidth where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in
our view are detrimental to the enjoyment of the services by our other clients, or
detrimental to network or business operations.
7. CGI/PERL chat, JAVA chat or any other chat scripts are also not allowed and are considered an abuse of unlimited
data transfer. Any CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not permitted.
NitroMax may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of
our clients, and to ensure that certain clients do not utilize services to the detriment of other clients.
customers with web sites that do not comply with these simple rules, or who seek to take advantage of
the bandwidth provided in any other way, will, at the discretion of NitroMax, have their sites canceled and/or removed from the servers and have service charges assessed.
NitroMax will be the sole and final arbiter as to web sites or usage of resources that constitute violation or intent to violate our policies. Those
customers found in violation of these policies are subject to a $500.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Web sites which
NitroMax must suspend or cancel due to violation of these rules are not eligible to receive a refund under the 30 money back guarantee, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of
NitroMax's services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.
Excessive
Usage
Client agrees to take all responsibility for all programs including CGI
scripts executed under their account. Programs that consume an excessive
amount of CPU run time or Random Access Memory (RAM) are not permitted.
Client agrees and understands that such excessive use can have an adverse
effect on the performance of the web server. Client agrees to accept
responsibility for programs executed under his/her account, regardless of
who authored the program. The use of cgi or html chat scripts or pages is
strictly prohibited. NitroMax reserves the right to suspend accounts
without notice to clients who violate these terms. NitroMax has sole
discretion over what constitutes excessive usage.
Programs provided by NitroMax as an installable feature are not exempt
from this policy. While every efforts is made on NitroMax's end to ensure
the program it provides are efficient, problems with excessive usage on
particular programs may occur.
Client
Responsibilities
1.
Backups:
Clients are responsible for frequently backing up the files that are on
our system. NitroMax cannot be held responsible for the deletion of users'
files, whether intentional or unintentional. Backup of all user
files are maintained but no guarantee is made about the ability to
retrieve such files. If you need a backup of your website restored this
can be done at the rate of $30 per hour. It can take up to several hours
to locate and retrieve backups.
2.
Cancellation: If any
client wishes to cancel their web hosting account, client must request
this in writing, before their account renews, by mailing or faxing us a
notice of cancellation or by sending an email to our billing department.
What ever method is chosen, the cancellation notice must clearly show what
domain name account is being canceled and it must come from the person
that originally signed up the account. Refunds will not be given if
you cancel after the account has already renewed.
Complaints
If you have any complaints
about NitroMax or complaints about violators of
our policies, you should refer your comments to the following email
address: admin@nitromaxweb.com.
Each complaint will be investigated thoroughly.
Note: NitroMax may at any time, revise the Terms Of Service. Renewal of a web hosting account with NitroMax
would constitute acceptance to all modifications to the Terms Of
Service.
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