Autoresponder Terms of Service

The Basics (but not limited to) in plain English:

• Nothing illegal! - No spamming, illegal pornography, unsolicited email, warez, cracks, codes, stolen MP3's etc...
• We bill monthly - no long-term contracts.
• If you violate any of our policies, NetProSoft.com will cancel your account (we always contact you first).
• You lose your money back guarantee if you violate our Terms of Service and Anti Spam policies.

The Legal Version

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

All services provided by NetProSoft.com and its underlying service providers 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, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber agrees to indemnify and hold harmless NetProSoft.com from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that NetProSoft.com may disclose, without subscribers consent, any and all information related to the subscriber and their service with NetProSoft.com to any law enforcement agent who makes a written request.

Right To Refuse Service and Cancel Accounts

NetProSoft.com reserves the right not to accept registrations for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 10 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice.

Communication

Our primary means of communications with clients, including for billing purposes and technical support is through our support desk and by email. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancelation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice.

Deactivation

If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be refunded to the subscriber. Fees for the entire month are due if the account is active for any amount of time, even just one day during that month.

If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10-day notice of cancelation by e-mail.

Transfer of Service

Subscriber shall not transfer ownership of their service with NetProSoft.com to any other person or entity without prior written consent from NetProSoft.com. If NetProSoft.com agrees to allow the transfer of service, the new subscriber must agree to the NetProSoft.com Terms of Service and Anti Spam policies.

Term (length) of service

All packages are month to month billing with the minimum being 1 month. NetProSoft.com does not pro-rate monthly billing fees. NetProSoft.com does not require any long-term contracts for any of its services.

Service Level Agreement

NetProSoft.com guarantees 99.5% network uptime as a general rule excluding scheduled maintenance and internet wide vulnerabilities (things like linux slapper, sql sapphire and others that have taken large parts of the internet down due to thing far beyond the control of NetProSoft.com), although we average 99.98% uptime. You can check our uptime through this link (third party uptime monitoring service)

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of NetProSoft.com. Subscriber further acknowledges that the company's liability for its own negligence may not in any event ever 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.

Pornography

Pornography is prohibited on any NetProSoft.com account. NetProSoft.com will be the sole arbiter as to what constitutes a violation of this provision but in general if its legal for all ages to see, its ok, if you have to be 18 or 21 to view, then its not ok. NetProSoft.com also reserves the right not to provide services to customers that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. NetProSoft.com will not host warez or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would be considered illegal by the laws governing the citizens of the United States.

With the few exceptions listed above, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit, however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our system and any packet of information that traverses our network.

Disclaimer

The materials on NetProSoft.com's web site are provided "as is". NetProSoft.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NetProSoft.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall NetProSoft.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on NetProSoft.com's Internet site, even if NetProSoft.com or a NetProSoft.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on NetProSoft.com's web site could include technical, typographical, or photographic errors. NetProSoft.com does not warrant that any of the materials on its web site are accurate, complete, or current. NetProSoft.com may make changes to the materials contained on its web site at any time without notice. NetProSoft.com does not, however, make any commitment to update the materials.

Links

NetProSoft.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NetProSoft.com of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

NetProSoft.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

WEB HOSTING POLICIES

Terms of Service (TOS) and Acceptable Use Policies (AUP)

The Basics (but not limited to) in plain English:
1. Nothing illegal! - No illegal spamming, illegal pornography, unsolicited email (opt-ins are ok), warez, serial numbers, cracks, codes, stolen MP3's etc...
2. No Server abuse.
3. We bill monthly - no long-term contracts.
4. If you violate any of the above policies, NetProSoft will cancel your account (we always contact you first).
5. You lose your money back guarantee if you violate our AUP/TOS.
6. No IRC on our networks.

The Legal Version
Acceptable Use Policies (AUP)
NetProSoft has certain ethical, legal and moral responsibilities consisting with the use of its servers and equipment involved in the services of web site hosting. NetProSoft reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by NetProSoft whenever NetProSoft decides the services it has rendered have been inappropriately used. Use of NetProSoft's service constitutes acceptance and agreement to our policies.

Web Site, Server, and Network Content/Use Provisions
All services provided by NetProSoft and its underlying service providers 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, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber agrees to indemnify and hold harmless NetProSoft from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that NetProSoft may disclose, without subscribers consent, any and all information related to the subscriber and their service with NetProSoft to any law enforcement agent who makes a written request.

NetProSoft is not responsible for any material input by anyone other then NetProSoft and/or posted to the NetProSoft network by anyone other then NetProSoft. This includes the content and links on websites hosted by NetProSoft. NetProSoft disclaims any liability and responsibility relating to inappropriate use or inappropriate content of anything hosted by NetProSoft that NetProSoft did not solely create and post to the NetProSoft network.

Spamming:
NetProSoft prohibits its users from sending unsolicited e-mail messages (“spamming”), including, but not limited to: Posting the same, or similar, messages to one or more Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists; Posting any Usenet or other newsgroup, forum, e-mail mailing list or other similar group, or list articles which are off-topic or otherwise violate the rules of the charter or other owner-published FAQ or description of the group or list; Sending unsolicited e-mail, including commercial advertisements and informational announcements to Internet users, or any unsolicited e-mail that could reasonably be expected to provoke complaints; Using e-mail to engage in harassment, whether through language, frequency or messages. Continuing to send someone e-mail after being asked to stop is considered harassment; Sending e-mail with falsified or obscured header or information designed to hinder the identification of the location of what is advertised; Collecting replies to either (i) unsolicited e-mail messages or (ii) messages that were either sent through another provider which violate these rules or those of the other provider. Users who send bulk e-mail to “opt-in” list must have a method of confirming or verifying subscriptions and be able to show evidence of subscriptions for users who complain about unsolicited e-mail. The Company’s receipt of complaints from Internet users related to e-mails received due to users use of “opt in” list shall be a violation of this AUP.

Any user that gets any of NetProSoft's IPs listed on any legitimate Spam Block or Black hole list such as but not limited to SpamCop or Spamhaus will be billed a $100 charge to subscribers account and additionally a $100 per hour administrative charge to remove the block and protect our IP ranges and mail servers.

Pornography:
Pornography is prohibited on any NetProSoft server. NetProSoft will be the sole arbiter as to what constitutes a violation of this provision but in general if its legal for all ages to see, its ok, if you have to be 18 or 21 to view, then its not ok. NetProSoft also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. NetProSoft will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the United States and the state of Arizona and the city of Phoenix, Arizona.

With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive, however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.

Background-running Programs: (for virtual accounts) We may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed.

Server Abuse Issues: Any attempts to undermine or cause harm to NetProSoft servers or the servers of its underlying service providers or a subscriber of NetProSoft or its underlying service providers is strictly prohibited.

Network Security: Subscribers are prohibited from violating or attempting to violate the security of the NetProSoft network or any of its other subscribers, and should a violation take place, civil or criminal liability may result. NetProSoft will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by DDos attacking, mail bombing or anything else that would be detrimental to the services that NetProSoft provides, attempting to probe or scan or test the vulnerability of any machine on the NetProSoft network, forging any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.

Inodes: Each account is allowed to use up to 250,000 inodes - note that each file on the account count as one inode. Any account that goes over 100,000 inodes is removed from the backup processing list so as to avoid over-usage of the server's resources. Account users can unknowingly go over the allowed inode usage if they get too many spam messages (since each spam message counts for one inode). To prevent this from happening, make sure to set your "Default address" inside your Cpanel to :fail: instead of your account's username.

Terms of Service (TOS)
Right To Refuse Service and Cancel Accounts:
NetProSoft reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 10 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice.

Communication
Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancelation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice.

Deactivation
If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be refunded to the subscriber. Fees for the entire month are due if the account is active for any amount of time, even just one day during that month.

If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10-day notice of cancelation by e-mail.

NetProSoft reserves the right to make any changes to its policies and Hosting plans, pricing, bandwidth providers, IP's, and features offered at any time as necessary and in no way implies fitness of purpose warranties. NetProSoft reserves the right to refuse service to anyone. NetProSoft reserves the right to determine what violates any of NetProSoft's policies.

Transfer of Service
Subscriber shall not transfer ownership of their service with NetProSoft to any other person or entity without prior written consent from NetProSoft. If NetProSoft agrees to allow the transfer of service, the new subscriber must agree to the NetProSoft TOS and AUP.

Term (length) of service
All hosting packages are month to month billing with the minimum being 1 month. NetProSoft does not pro-rate monthly billing fees. NetProSoft does not require any long-term contracts for any of its services.

Service Level Agreement
NetProSoft guarantees 99.9% network uptime as a general rule excluding scheduled maintenance and internet wide vulnerabilities (things like linux slapper, sql sapphire and others that have taken large parts of the internet down due to thing far beyond the control of NetProSoft), although we average 99.9% uptime.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of NetProSoft. Subscriber further acknowledges that the company's liability for its own negligence may not in any event ever 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.

Disclaimer
NetProSoft will not be responsible for any damages your business may suffer. NetProSoft makes no warranties of any kind, expressed or implied for any service we provide. NetProSoft disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lack of customer backups, lack of data integrity and any and all service interruptions caused by NetProSoft and its employees. Subscriber acknowledges that the service that is provided can be interrupted for reasons other then the negligence of NetProSoft. Subscriber agrees that NetProSoft cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of NetProSoft. Subscriber also acknowledges that the absolute limit of any liability for anything for any reason to any subscriber at all can never exceed an amount equivalent to the charges payable by the subscriber to NetProSoft during the period in which damages are alleged to have occurred. NetProSoft reserves the right to revise its policies at any time without notice. Subscribers must adhere to the policies and changes as they are made.