Terms of Service Agreement

By using the services provided by NEPA WebHosting all customers are bound by the terms of service agreement.

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

IRC Bots

Warez Sites

Pirated Software

Hate sites

Hack programs and archives

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve 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. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of NEPA WebHosting. All rights reserved.

4.) Payment Information

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

We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are 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 our servers.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting. Refund requests after 30 days will not be refunded under any condition.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) 30 Day Free Trial

The 30 day free trial is just that free of charge for 30 days.  We reserve the right to suspend/terminate any account that does not fully comply with our service agreement.  During the 30 free trial if the customer wishes to keep the package after the 30 days the customer must contact NEPA WebHosting to arrange payment.  The 30 day trial contains a sample of all available hosting services.  Depending on the account chosen, some services may not be available on the purchased package.

10.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

11.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from NEPA WebHosting's server.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

13.) Design Services

We strive to obtain perfection with our design services however all design services are subject to a maximum of five revisions.  Website designs remain the sole property of NEPA WebHosting until payment has been received in full.  Each design package includes one free year of WebHosting on our basic hosting package.  If a customer wishes to upgrade to a next level package, the difference in price will be required to do so.  We reserve the right to suspend or terminate any hosting account if they are in violation of these terms of service.

14.) Ecommerce Service

Our ecommerce setup and design services are based off of Zen Cart.  We combine a multitude of third party modules to create the most feature rich ecommerce solution.  Zen Cart and all of the modules are bound by their individual licensing and terms of service and all rights are reserved to their individual owners.  The combination of Zen Cart along with the installation of these modules is the finished product of NEPA WebHosting.  NEPA WebHosting installs and combines these modules and by purchasing this service from NEPA WebHosting you are not purchasing the rights to these modules but the time of our professions installing these modules for you.  We reserve the right to modify the modules/features included on a case per case basis.  Ecommerce design services include the configuration of the store and initial design.  Design services do not include the addition of products or services to the store.  

15.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.

16.) All Party Agreement

By signing up for any service with NEPA WebHosting the user is subject to all terms and conditions displayed on this page. Additionally we reserve the right to change these conditions at any time for any reason based on current operating standard. If you have any questions regarding this agreement or are unsure if you will violate these terms please contact sales@nepawebhosting.com.