Nubis Hosting's Terms of Service (ToS) is designed to provide our customers with a clear understanding of what is expected when using this service. All users of a Nubis Hosting service must comply with the (ToS) and use of a Nubis Hosting service constitutes agreement with the Terms of Service (ToS).
Nubis Hosting does not routinely monitor the activity of our customers except for measurements of utilization and the preparation of billing records. However we will respond appropriately if we become aware of inappropriate use of our service. We may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime, civil wrongdoing, or other violation of the policies set forth by the (ToS).
This Agreement shall be construed in all respects in accordance with the laws of the state of Oregon and any applicable laws of the United States of America. Venue for all disputes will be Washington County, Oregon.
a) All services provided by Nubis Hosting may be used for lawful purposes only. Nubis Hosting is a strong advocate for freedom of speech and expression but transmission, storage, linking to, or presentation of any information, data, or material in violation of any International, United States Federal, or State of Oregon law is prohibited. This includes, but is not limited to:
i) Illegal or Copyrighted Materials.
ii) Material that is threatening or obscene.
iii) Adult Material - This includes but is not limited to pornographic photographs, erotica, and otherwise obscene or vulgar material.
iiii) Material that is protected by trade secrets or other statue.
V) Warez - This includes but is not limited to hacking, cracking, ROMS, pirated software, illegal emulators, password cracking, and IP spoofing.
Vi) Slander - This includes but is not limited to defamatory information, false information, and perjury.
b) Links to prohibited content as described by this provision are not allowed.
c) You, the Customer, are solely responsible for any and all content on your website.
d) Nubis Hosting reserves the right to be the sole arbiter as to what constitutes a violation of this provision.
Nubis Hosting has a Zero Tolerance SPAM Policy. Any customer found spamming to increase visitors or signups is in violation of this provision.
SPAMing includes but is not limited to:
a) Sending unsolicited e-mails to any amount of people just telling them about your website.
b) Posting advertisement messages about your website on other websites, without following policies set forth to do so by the administration of that website.
c) Sending unsolicited messages to random people on any type of messenger about your website.
Exceptions to this rule apply to any designated advertisement areas or if the Customer is contacting someone for help with their website. Nubis Hosting reserves the right to be the sole arbiter as to what constitutes a violation of this provision.
a) Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the customer. The customer is aware that Nubis Hosting may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Nubis Hosting achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
b) Payment: Establishment of this service is dependent upon receipt by Nubis Hosting of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that months service.
c) Payments and Fees: Credit cards, or other forms of payments, that are declined for any reason are subject to a $2.00 declination fee. Service may be interrupted on accounts that reach ten (10) days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Nubis Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Nubis Hosting a "Processing and Collection" Fee of not less than $50 and not more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service (ToS).
d) Refund and Disputes: All payments to Nubis Hosting are nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Nubis Hosting's sole discretion is a valid charge under the provisions of the (ToS), you agree to pay Nubis Hosting an "Administrative Fee" of not less than $50 USD and not more than $150 USD.
e) Failure to Pay: Nubis Hosting may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
f) Account Cancellation: Requests for canceling accounts should be made using our Contact Us page with at least (10) days notice prior to the next billing due date.
a) While Nubis Hosting tries to provide ample opportunity to signup for the service; opportunity to signup is not guaranteed. Nubis Hosting reserves the right to limit and control new signups as is desired. In addition, Nubis Hosting always reserves the right to refuse service to anyone.
b) A child under the age of 13 may not signup for a Nubis Hosting service. A minor under the age of 18 may not signup for a Nubis Hosting service without parental consent. Additional documentation may be required prior to activation of your account if you are between the ages of 13 and 18.
c) The phrase "No limit" when used to describe available bandwidth, disk space and other features, refers to hosting plans that have no pre-set limits on those particular items. Nubis Hosting reserves the right at any time to limit bandwidth or disk space usage on any account, if usage is deemed to be excessive, or potentially harmful in any way to the operation of its business.
d) You may not signup for any Nubis Hosting service if you intend to start or currently own or operate a competing service. You may also not signup on behalf of someone who intends to start or already owns or operates a competing service. Nubis Hosting reserves the right to be the sole arbiter as to what constitutes a violation of this provision.
e) By signing up for a Nubis Hosting service you agree to the terms set forth in the (ToS).
5. Interruption of Service
While Nubis Hosting tries to achieve 100% uptime; this cannot be possible often due to matters outside of our control. Nubis Hosting will not be responsible for any damages your business may suffer. Nubis Hosting makes no warranties of any kind, expressed or implied for services provided. Nubis Hosting disclaims any warranty, merchantability, or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Nubis Hosting, its employees, or a third party. The Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that Nubis Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
6. Suspension of Service
Nubis Hosting reserves the right to suspend access to any Customer's account according to the policies set forth by the (ToS). If inappropriate activity is detected, all accounts of the Customer in question may be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer's accounts were suspended.
Nubis Hosting wishes to emphasize that in agreeing to the (ToS), the customer indemnifies Nubis Hosting and its employees for any violation of the (ToS) that results in loss to Nubis Hosting or the bringing of any claim against Nubis Hosting or its employees by any third-party. This means that if Nubis Hosting or its employees are sued because of a Customer's activity, the Customer will pay any damages awarded against Nubis Hosting or its employees, plus all costs and attorney's fees. The Customer also agrees that they will not sue nor take to court Nubis Hosting or its employees for any actions taken by Nubis Hosting in accordance with the (ToS).
Any attempts to undermine, slander, libel, threaten, swear at, harass, or cause harm to any Nubis Hosting, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination. In addition, Nubis Hosting will pursue all attempts to the fullest extent of the law.
9. Applicable Laws and Regulations
No matter where the Customer is located, they agree to follow all United States Federal and state of Oregon laws and regulations while using a Nubis Hosting service.
10. Modifications to This Agreement
Nubis Hosting reserves the rights to change, edit, or update the (ToS) at any time for any reason with or without advance notice. Upon Nubis Hosting modifying this agreement, the Customer has fourteen (14) days to cancel their account with Nubis Hosting or else their lack of action will be viewed as acceptance of the modifications made.
Last Updated: January 7, 2013
Failure to follow any terms and conditions may result in account deactivation.