Terms of Service

Introduction

This document contains important information regarding the Terms and Conditions of Service which apply to your account with Neutral Web. PLEASE READ THIS DOCUMENT CAREFULLY, retain it for future reference. Please note that the information contained herein is subject to change without notice.

Neutral Web (referred hereinafter as 'Neutral Web', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers, including reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Neutral Web, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. 

This means that while using the service, you may not: 

Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.  Restrict or inhibit any other user from using and enjoying the Internet.  Neutral Web reserves to the right to the final decision on what constitutes abuse. 

2. Resource Usage, Adult-Oriented Sites 

Users may not initiate the following on our servers: 

Run any type of interactive real-time chat applications that require server resources. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as :

BitchX
Bnc
Eggdrop
Guardservices
IRCD
psyBNC
ptlink

Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any site with adult-oriented content, including but not limited to any pornographic material.

Users are also required to abide by the following:

Pornography and sex-related merchandising is prohibited on all Neutral Web servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Neutral Web will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Neutral Web servers or any other server on the internet. Links to such materials are also prohibited.

 Examples of unacceptable content or links -

Pirated software
Hacker programs or archives
Warez sites

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Neutral Web will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy -

You are free to use any CGI scripts you wish except certain resource intensive scripts such as

1) UBB
2) Ikonboard
etc

However we also reserve the right to disable any CGI script that effects normal server operation or service to other Neutral Web customers. You will be notified about offending script. No chat room or similar scripts allowed. You may however use the Chat program included in the control panel.

3.SPAM Policy -

Neutral Web is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Neutral Web network, by customers or any other users of the Neutral Web network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the Neutral Web server.

We take a zero tolerance stance against sending of unsolicited e-mail. Any user who sends out spam will have their account terminated without notice, this includes reseller and resold accounts. 

Neutral Web reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Neutral Web also reserves the right to make any such modifications in an emergency at our sole discretion.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email , cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Neutral Web email address or web site URL is prohibited. The use of Neutral Web servers as a mail drop for responses to activities described above is also prohibited.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@Neutral Web.com

There will be a $300 clean up fee if an account was suspended for policy violation.

Traffic Policy -
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each GB of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your WebHost Manager Control Panel. We would discuss the situation with you and work pro-actively to solve your situation on a case by case basis.

Backups -
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Neutral Web, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Neutral Web will attempt to recover the data from the most recent archive for a $30.00 fee.

3. Indemnification

You agree to indemnify, defend, and hold harmless Neutral Web from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Neutral Web, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

 
4. Refusal or discontinuation of service

Neutral Web reserves the right to refuse or discontinue service to anyone at Neutral Web's sole discretion. Neutral Web may deny you access to all or part of the service without notice if you engage in any conduct or activities that Neutral Web in its sole discretion believes violates any of the terms and conditions in this agreement. Neutral Web shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Neutral Web has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Neutral Web reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Neutral Web also reserves the right to refuse refunds in cases where Neutral Web believes abuse has taken place.

5. No warranties

Neutral Web makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Neutral Web or its agents or employees shall create a warranty. Neutral Web provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Neutral Web be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Neutral Web service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Neutral Web's servers that such information becomes available to all Internet users and that Neutral Web has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Neutral Web's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Neutral Web or on the Internet generally.

Your use of the service is at your sole risk. Neutral Web is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Neutral Web servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Neutral Web, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Neutral Web policy decisions. Neutral Web reserves the right to monitor any and all communications through or with our facilities. 


6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Neutral Web with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. 

7. Sharing of account space & resale restrictions

 You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

8. Payment & Other Information

You agree to supply appropriate payment for the services received from Neutral Web, in advance of the time period during which such services are provided. You agree that until and unless you notify Neutral Web of your desire to cancel any or all services received, those services will be billed on a recurring basis.

 9. Agreement Acknowledgement

 This agreement supersedes any written, electronic, or oral communication you may have had with Neutral Web or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. 

By placing and continuing to maintain or place information on Neutral Web's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

 10. Money Back Guarantee

If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.