Terms Of Service
Terms Of Services Topics

Unsolicited E-mail
Excessive Bandwidth Use
Account Termination
Domain Name Registration and Renewal Policy
You are responsible for making sure that we have your current and correct contact information on file, by updating your member profile. We reserve the right to send announcements and invoices relating to your hosting account and domain name with us.

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. All account data backups are the account holder's responsibility. Nesway is NOT responsible for your data backup or subsequent loss.
Unsolicited E-mail (anti-spam policy)
Accounts caught sending unsolicited, as defined by Nesway*, email, either through our servers or to promote a web site on our servers will be terminated immediately and will not qualify for a refund. Accounts terminated for sending unsolicited email give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Nesway server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.

Nesway reserves the right to investigate accounts accused of sending unsolicited emails, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.

Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!

*Unsolicited is defined, by Nesway as: E-mail sent to recipients who have not asked to be contacted by you, for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use
If your hosting account, with Nesway, goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our Cpanel hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will automatically suspend until the next month.
Account Termination
Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by Nesway, will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted.

Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required).

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Nesway customers. You will be notified about offending cgi script. No chat room or similar scripts allowed. Due to continued spamming of Matts formmail script, this is banned from all Nesway servers.

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.

In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
Domain Name Registration and Renewal Policy
Nesway will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires.

An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to Nesway, and subsequently not registered, transferred and/or renewed by Nesway, the domain registration fee will be refunded.
This Terms of Service may be amended, at any time, at the discretion of Nesway. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders. You are required to keep a valid and current email address on file with us, in your member profile.

If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.
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