NiftyHost.us
NiftyHost.us Terms Of Service
Terms of Services
NiftyHost provides services to clients all around the world. NiftyHost has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.
Definitions:
1.1. Network Up-time is the total time in a calendar month that the NiftyHost network is available through the Internet, provided that Customer has established connectivity.NiftyHost takes responsibility for network availability within its network and for network outages from its bandwidth and connectivity provider. NiftyHosts guarantee is that its network will be available to Customer free of Network Outages, that render 100% packet loss, 99% of each calendar month.
1.2. Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in service availability during which Customer is unable to access the services as described in the section titled Network Uptime above.
1.3. A Network Outage is defined as a period in which 100% packet loss to NiftyHosts network is experienced, which is determined to have been caused by a problem in NiftyHosts Network as confirmed by NiftyHost. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
1.4. Scheduled Downtime is any NiftyHost scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible.
1.5. Circumstances beyond NiftyHosts reasonable control and force major events including but not limited to the following: catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; Uptime Guarantee:
As stated in paragraph 1.1 above, NiftyHost guarantees 99% uptime. Network downtime is measured from the time the network is 100% unreachable from several distributed geographic locations and until service is once again restored.
> Content:
All services provided by NiftyHost 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, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless NiftyHost from any claims resulting from the use of the service which damages the subscriber or any other party. Examples of non-acceptable content or links:
- Pirated software
- "Illegal MP3's"
- Hacking programs or archives
- Phishers
- Warez Sites
- Child Pornography
- Scam websites
- PHP Shells
- SPAM (fraudulent electronic mail or other methods of spreading information without the recipient's consent)
- Anything that goes against The United States Federal, State, or City Laws. Or against laws in your current residence.
Upon notice of your illegal infringement you will be permanently banned from our servers and reported to the authorities.
NiftyHost and select associated groups will be the sole arbiter(s) as to what constitutes a violation of this provision. FREE ACCOUNTS - The Customer has the right to only one account with NiftyHost Free Web Hosting Service. Users of free hosting may only have one free Hosting account. Yes, we know who you are and will delete any additional accounts with or without notifying you beforehand..
1. The Customer is responsible for building and updating his/her web page, and regularly backing up any related data.
2. NEW User accounts may be deleted after 7 days if there is no activity on the account, in order to free unused resources. (If the domain does not point to the account on our server or if none of the alloted space is used or if the space is used but is misconfigured)
3. Any other user accounts may be deleted after 30 days of no apparent activity. (You will receive an email, and have 1 week to respond before deletion.)
4. NiftyHost sites may not be used to auto-redirect users to sites on other servers. It is a waste of our dedicated space.
5. Free accounts may not use CHEMICALSERVERS for file sharing. Legal or illegal. We monitor all files on accounts. If you are primarily using CHEMICALSERVERS to host files specifically for download, your account will be suspended until you contact us. Please only use our services for hosting websites. FTP Usage
1. FTP access is provided for the purposes of uploading content, maintaining content, and downloading content for backup purposes only. It is NOT to be used for the distribution of files.
2. FTP usage for webcam purposes is not to exceed uploading once every 10 seconds.
3. NiftyHost reserves the right to revoke or restrict any FTP access and/or remove any web site for improper or excessive FTP usage. Email
1. Our email services may not be abused, because this is very common amongst free services we have to be very strict in our dealings. PLEASE report abuse of our email service to, abuse@niftyhost.us
NiftyHost reserves the right to immediately delete any FREE account that violates the above rules without notice, minor violations will result in a suspension. To remove the suspension you will have to contact NiftyHost by email at contact@niftyhost.us, Free hosting should be considered a privilege and we ask that it be treated as such. Unlimited Traffic/Hits & Server Resource Usage:
NiftyHost is pleased to offer our clients unlimited traffic/hits. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allocated bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.
Sites with banners, graphics or cgis running from their domain being used on other domains. (Also known as hot linking, we consider this to be unacceptable on a large scale.)
Sites with immense graphic archives or galleries with little to no traffic.
Sites offering immense (in excess of one (1) gigabyte download archives, such as .zip, .tar, .ra and .GZ.
Sites running large chat room gatherings. (more then 20 people)
Sites using more than 20% of system resources
Sites using more then 15-45 CPU seconds (depends on account)
Sites using more then 8-24 simultaneous processes (depends on account)
Sites using more then 8-24 database user connections (depends on account)
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, NiftyHost may move your site to a different server, to reduce the load on the server you are currently residing... NiftyHost will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time NiftyHost may move your site to a different server, to reduce the load on the server you are currently residing... Chat Rooms:
NiftyHost does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chat room that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance and adheres to the information contained under the Unlimited Traffic/Hits clause.. Background Processes/Programs:
NiftyHost may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed. IRC:
NiftyHost currently does not allow scripts that directly access Internet Relay Chat to be operated on our servers. Violation of this will result in instant removal. Multiple Connections:
Multiple telnet and ftp sessions are allowed, on a single hosting account. Idle Timeouts:
NiftyHost may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Telnet - 2 hours Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a NiftyHost server or using an email address that is maintained on a NiftyHost machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
NiftyHost will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 400 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST Server Abuse:
Any attempts to undermine or cause harm to a NiftyHost server or customer of NiftyHost is strictly prohibited. NiftyHost and/or associated groups will pursue legal action to the fullest extent of the law possible for all abuse of the NiftyHost Network. Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation, NiftyHost reserves the right to remove any account without prior notice. If NiftyHost deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account suspension the second offense. Continued offense will result in Termination. Serious offenses may cause immediate suspension or termination.
If ANY of the above is unclear please ask us to avoid conflicts. NiftyHost and select associates Reserves the right to change this at any time to suit new conflicts. NiftyHost and select associates have the right to deny/withdrawl hosting from any account.
Last Updated ( 5:03 PM Friday, April 23, 2010 )
