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NServers.biz Terms & Conditions

  1. Services:
    The following are the terms and conditions for use of the NServers.biz service including without limitation DNS, web parking, email and other services which may be offered from time to time by NServers.biz. for use with your NServers.biz account member name (each feature individually and collectively referred to as the "Services"). Please read them carefully.

    BY CLICKING ON "I AGREE" AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A NServers.biz.COM ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
    The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

  2. Subscriber: The Subscriber is defined as an individual who is accessing the Services. Subscribers may not have more than one account. Subscribers cannot share accounts. If a Subscriber has more than one account, NServers.biz reserves the right to aggregate the Subscriber's usage across all of his accounts for purposes of calculating accurate fees and usage charges.

  3. Term: The term of Subscriber subscription is effective as soon as the Subscriber begins using the Services. NServers.biz shall endeavor to enable Subscriber to commence access to the Services (the "Access Date") as soon as possible. Notwithstanding the foregoing, NServers.biz shall not be responsible or liable for any delay in the Access Date for any reason, including, without limitation, equipment delays, telephonic service delays, or any other reason, and Subscriber's sole remedy for any such delay shall be to cancel the Service and Subscriber shall be entitled to a refund of any portion of the Initial Fee (as hereinafter defined) which has not been used for costs, expenses or set up services.

  4. Fees: Upon establishment of an account through submission of the Signup Form, the initial fees shall be due and payable and thereafter the Yearly Fees shall be due and payable in advance unless otherwise specifically provided in a written Quotation. Subscriber shall pay all applicable taxes relating to use of the Service by the Subscriber. Subscriber shall be responsible for all use of the Service accessed through Subscriber's account and will pay for all usage charges accrued thereunder whether or not they are authorized by the Subscriber. In the event of unauthorized access to the Subscriber's account, Subscriber must promptly notify NServers.biz. Subscriber will remain responsible for all charges to Subscriber's account until NServers.biz is so notified and has had a reasonable opportunity to cancel access to the account. Any amounts not paid by Subscriber to NServers.biz when due shall bear interest at the rate of 1.5% per month until paid in full and NServers.biz may be obligated to suspend any services until all payments are made. In addition if any amount is not paid when due subscriber shall be responsible for NServers.biz cost of collection including attorneys' fees and costs. Current usage terms and policies are available at http://www.NServers.biz/tos.php

  5. DISCLAIMER OF WARANTEES: LIMITATION OF LIABILITY
    A: NServers.biz shall endeavor to provide the Services in accordance with the standards of the industry. NServers.biz will make a good faith adjustment to any amount paid or payable by the Subscriber for the use of the Services to the extent of a failure of the services which renders the Services unusable except to the extent caused by Subscriber or based upon acts or conditions beyond NServers.biz's reasonable control; provided that Subscriber reports such problems to NServers.biz immediately upon discovery and requests an adjustment within 5 business days of such failure. Notwithstanding any other provision of a written Quotation or these terms and conditions, in no event shall NServers.biz's liability for any reason upon any cause of action in connection with this agreement, the Service or otherwise exceed the Most Recent Yearly Payment by Subscriber to NServers.biz
    B: Subscriber acknowledges that NServers.biz has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and NServers.biz specifically disclaims any such representations, warrantees, or covenants including without limitation the warrantee of merchantability or fitness for a particular purpose. Subscriber acknowledges that NServers.biz shall not be liable or responsible for consequential damages, lost profits, lost email or other damages of any type or nature, even if NServers.biz has been advised of such damages. Subscriber acknowledges that sole remedy for any such failure is set forth in the second sentence of paragraph 5A. Hereof Subscriber acknowledges that NServers.biz does not monitor or review any of Subscriber's material (as hereafter defined); However, Subscriber acknowledges that NServers.biz may, upon receipt of a complaint, with respect to any of the Subscriber material or any other reason, Prevent Subscriber material from being accessible through the service; provided that NServers.biz shall have no obligation to Prevent Such Access and no liability to Subscriber or any third party for Preventing Access To or failure to Prevent access to such material.

  6. Subscriber Materials: Indemnification: Policies
    (A) Subscriber represents and warrants that any material which Subscriber places on the service, permits to be placed on the service with or without Subscribers authority, or on the Internet and/or the Web through NServers.biz's service, including Subscriber's domain name(s), ("Subscriber Material") will not 1) violate the rights of any 3rd party and will not give rise to any claim of such violation 2) violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls or 3) contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like.
    (B) Subscriber shall indemnify and hold NServers.biz and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by subscribers of any of the representations, warrantees or agreements set forth in the Signup Form or these Terms and Conditions.
    (C) Subscriber agrees to comply with NServers.biz's policies with respect to the Services, as such policies may be modified from time to time including, but not limited to, NServers.biz's policy against "spamming" which is available at http://www.NServers.biz/tos.php.

  7. Termination: NServers.biz may terminate the term and Subscriber's right to use the service at any time without cause by sending notice to the Subscriber. NServers.biz may Terminate the term and subscriber's right to use the service immediately without prior notice on a breach of the these Terms and Conditions by Subscriber. In addition, Subscriber may also terminate this Agreement by giving written notice to NServers.biz and discontinuing use of the service. Terminations by subscriber will be effective 60 (sixty) days after the date on which NServers.biz receives notice from the Subscriber and Subscriber will be liable for fees and charges set forth in the Subscriber selected subscription level through the termination date and any additional usage fees accrued through the termination date. No refunds will be given if the Subscriber cancels the Services, or if NServers.biz cancels the Services due to a breach of these Terms and Conditions, and under no circumstances will any termination of this contract result in a refund exceeding the unused portion of any fees paid to NServers.biz.

  8. Abuse policy: NServers.biz will discard abusive email, mail bombs, email with attachments, and will block people, networks and entities from connecting to our network that have been deemed abusive or who reside on networks that fail to monitor for abusive behavior, including networks with open proxies, viruses, hackers or any other network deemed abusive at NServers.biz sole discretion. Any damages and remedies resulting from our administrative policies are subject to the limitation of liability policy, listed above.

  9. Changes in Services, Terms and Conditions, and Fees. NServers.biz may modify these Terms and Conditions or service prices and may discontinue or revise any and all other aspects of the service in NServers.biz's sole discretion upon 30 (thirty) days notice. Subscriber shall be deemed to have accepted any such changes or modifications by continuing to use the Service after the end of such thirty days period. A copy of NServers.biz's standard Terms and Conditions including any such changes made to such Terms and Conditions from time-to-time is available at http://www.NServers.biz/tos.php or a new address of which NServers.biz gives subscriber notice.

  10. Miscellaneous

    (A) Subscriber acknowledges and agrees that Subscriber will permit NServers.biz to use its name and trademarks for promotional and advertising purposes: provided that such use accurately reflects the relationship of the parties. By signing up for services, Subscriber has agreed to these Terms and Conditions. These Terms and Conditions represent the parties entire agreement and understanding, supercede any previous oral or written agreement and may only be modified pursuant to a written agreement or as permitted by paragraph 8 hereof.


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