Net-Trend Terms of Service
All services provided by Net-Trend are to be used for lawful purposes only. Any content (e.g. Pornography, warez and others) deemed illegal by law will result in account termination without notice. Any other content that is unacceptable or undesirable may lead to account termination at the sole discretion of Net-Trend.
System Resource Usage:
If a website is found to be using an unacceptable amount of system resources, we have the right to suspend or terminate your account without notice. Our normal practice is to suspend the website immediately upon discovery of unacceptable resource hogging; but we will still email the account owner, providing him/her a chance to remove the offending site or script.
A common rule of thumb is that chat rooms and top site scripts are not allowed to be hosted on our servers. PHP based message boards are permitted, but customers should be made aware that if it starts rising in popularity this may result in the use of an unacceptable amount of system resources.
CGI based forums are NOT allowed on Net-Trend servers as they are known to be resource intensive in usage. IRC scripts are banned and if found, we reserve the right to terminate the account without notice. Scripts that emulate shell access are banned and will result in immediate account termination without notice. Any other scripts that is deemed harmful to Net-Trend's server or it's customers will be banned.
Reseller clients have the ability to oversell. However, we reserve the right to suspend an account that will cause any detrimental effect on the server.
The sending of unsolicited e-mail (SPAM) from Net-Trend's servers is strictly forbidden. Net-Trend will decide on a case by case basis what constitutes to be spamming. Also the use of our servers to provide a free e-mail service is strictly forbidden. Any account found to be sending SPAM will be terminated without notice and no refunds will be issued.
Support Policy :
Net-Trend's will only provide support for matters related to server functionality and server related software. Net-Trend will not provide any support for misconfigured scripts or any third party scripts (including scripts installed via cPanel and/or Fantastico). All requests to change domain names , usernames and the like will incur a one time administrative charge of $25 per request.
Malicious conduct against Net-Trend's server or any other server on the Internet using an account on Net-Trend will result in immediate removal of that account. No warnings and refunds will be given.
Payment Policies and Refunds:
Net-Trend reserves the right to change prices at any time. Net-Trend will decide on a case by case basis if a refund is to be given on violation of these terms and conditions.
Backup Policy :
All accounts are backed up daily. However, it is not our responsibility to ensure the integrity of the backups. The customer is recommended to make his/her own local backups as well. If data loss occurs due to an error by Net-Trend.com, we will restore a backup of the account from the backup drive without charge. If the customer requests a restore of an account from the backup drive due to negligence or error from the customer, we will attempt to recover the account data for a flat fee of USD80.
Uptime is guaranteed at a 99.9% service level. This guarantee however does NOT cover scheduled downtime, network problems and natural events such as earthquakes or anything beyond what Net-Trend can do.
Should Net-Trend's servers reliability fall below the aforementioned service level, compensation will be awarded to those who were affected.
Termination of services:
Should the customer want to terminate their current services with Net-Trend, the customer will need to notify Net-Trend 30 days before actual service termination or refunds will not be granted.
Warranty/Limitation of Liability:
The customer hereby agrees that Net-Trend makes no warranties, express or implied and the customer hereby waives any claim based upon any breach thereof. The customer further agrees that Net-Trend shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Net-Trend to the customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Net-Trend's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Net-Trend shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL NET-TREND BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF NET-TREND PURSUANT TO THIS AGREEMENT. NET-TREND MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY NET-TREND ARE HEREBY EXCLUDED AND DISCLAIMED.
INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY NET-TREND, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF NET-TREND'S SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF NET-TREND HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF NET-TREND'S REASONABLE ATTORNEY'S FEES.
Net-Trend reserves the right to amend the Terms and Conditions any time without notice.