NiftyHost.us

Terms of Service

Terms of Service - Privacy Policy - Acceptable Use Policy
Terms of Service
Revision date: 18 November 2010

All services provided by NiftyHost ("NiftyHost.us") 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 NiftyHost.us from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to NiftyHost.us' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Software(s) that connect or manifest an IRC server, robot, or client
"Pirated" content of ANY kind, private OR public
Child pornography
Any malicious software
Any content violating United States law
Examples of unacceptable material on all shared servers include:
• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, NIFTYHOST.us WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and will either bill or suspend your account for extra bandwidth used.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of NiftyHost.us is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of NiftyHost.us must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Service Fees
Certain services carry a setup fee charged by NiftyHost.us to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to NiftyHost.us and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. If a refund guarantee is provided to you via official communications, you are entitled to present proof of such contact to receive refund on your payments. The preceding sentence is void if you were suspended or terminated due to a Terms of Service and Acceptable Use Policy violation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
NiftyHost.us shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NiftyHost.us servers going off-line or being unavailable for any reason whatsoever. Furthermore, NiftyHost.us shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NiftyHost.us ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to abuse@niftyhost.us. All complaints will be investigated within 72 hours. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
NiftyHost.us cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by NiftyHost.us are resold. Thus, certain equipment, routing, software and programming used by NiftyHost.us are not directly owned or written by NiftyHost.us. Moreover, NiftyHost.us holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as NiftyHost.us sees fit.

Account Activation
By activating your account with NiftyHost.us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, we will make reasonable attempt to contact you via e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Although NiftyHost.us has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

NiftyHost.us reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy Policy
Revision date: 2 September 2010

NiftyHost.us has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy in some areas.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: contact@niftyhost.us

 

Acceptable Use Policy
Revision date: 17 September 2010

As a provider of web site hosting and other Internet-related services, NiftyHost.us offers its customers (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. NiftyHost.us respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, NiftyHost.us reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, NiftyHost.us has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using NiftyHost.us' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that NiftyHost.us cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because NiftyHost.us cannot monitor or censor the Internet, and will not attempt to do so, NiftyHost.us cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that NiftyHost.us does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over NiftyHost.us' network and may reach a large number of people, including both subscribers and non-subscribers of NiftyHost.us, subscribers' postings to the Internet may affect other subscribers and may affect NiftyHost.us' goodwill, business, reputation or operations. For these reasons, subscribers violate NiftyHost.us policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward NiftyHost.us, but also because it can overload NiftyHost.us' network and disrupt service to NiftyHost.us' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NiftyHost.us will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore NiftyHost.us reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should NiftyHost.us choose to pursue and prosecute.

Obscene materials:
Using NiftyHost.us' network to advertise, transmit, store, post, display, or otherwise make available child pornography or likewise obscene material (NiftyHost.us and proper authorities have discretion) is prohibited. NiftyHost.us is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
NiftyHost.us reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that NiftyHost.us determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. NiftyHost.us will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with NiftyHost.us' policy or applicable law. However, when NiftyHost.us becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by NiftyHost.us.

NiftyHost.us is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching NiftyHost.us' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. NiftyHost.us does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. NiftyHost.us reserves the right to directly take action against a customer of its subscribers. Also, NiftyHost.us may take action against the NiftyHost.us' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, NiftyHost.us anticipates that subscribers who offer Internet services will cooperate with NiftyHost.us in any corrective or preventive action that NiftyHost.us deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NiftyHost.us policy.

NiftyHost.us will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. NiftyHost.us may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NiftyHost.us may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. NiftyHost.us assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, NiftyHost.us may disclose subscriber information or information transmitted over its network where necessary to protect NiftyHost.us and others from harm, or where such disclosure is necessary to the proper operation of the system. However, NiftyHost.us will never sell information to other services or outside companies.

NiftyHost.us expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate NiftyHost.us policy. Finally, NiftyHost.us wishes to emphasize that, in signing the Service Agreement, subscribers indemnify NiftyHost.us for any violation of the Service Agreement, law or NiftyHost.us policy resulting in loss to NiftyHost.us or the bringing of any claim against NiftyHost.us by any third party. This means that, if NiftyHost.us is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against NiftyHost.us, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including NiftyHost.us and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to contact@niftyhost.us.