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| TOS |
NCIS, Inc. provides web hosting and email services. NCIS, Inc. reserves the right to suspend or cancel any client's access to any portion or all of NCIS, Inc. services, when NCIS, Inc. deems that the account has been used inappropriately. NCIS, Inc. reserves the right to refuse service and/or access to its servers to anyone.
NCIS, Inc. prohibits sites engaged in:
Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.
Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a 500 dollar clean up fee.
Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts.
Data Transfer
If any users go over the allotted bandwidth amount the user will asses a fee of $2.00 per gigabyte.
Adult content
The determination of what is "adult content" and prohibited shall be solely made by NCIS, Inc..
Should a policy violation occur, NCIS, Inc. reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to NCIS, Inc.'s system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee.
Web Site Content
The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on NCIS, Inc. servers). NCIS, Inc. is not responsible for any lost files, information, or data.
Should any data need to be recovered from NCIS, Inc.'s backup tapes, there will be a charge of $100. NCIS, Inc. does not guarantee to possess the most current copy of a client's website.
System Updates
The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. NCIS, Inc. reserves the right to modify the processing times at any time without notice. If a client or NCIS, Inc. support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occured in our system.
Support
Free customer support is provided via email through the client's control panel contact forms. Technical support emails will be answered within 24 hours. Billing inquiries will be answered within one business day. Client agrees not to spam support. NCIS, Inc. does provide web site design, custom programming and scripting, or web site consulting services.
Payment Policy
All services are on a monthly prepayment basis.
NCIS, Inc. only accepts credit card and E-check payments, checks, money orders.
Service is activated only after receipt of payment.
Credit card payment is authorized and assessed in real time.
Once an order is successfully submitted, the client is subject to NCIS, Inc.'s refund policy.
The one time setup is non-refundable.
The first month is money back garunteed.
All monetary transactions will occur in $US dollars.
No bills or invoices will be sent by postal mail or fax.
After the initial month of web hosting, prepayment is due each anniversary quarter (3 months) for clients who choose quarterly prepayment or year (12 months) for client who choose annual prepayment following the date the account's first month ends. (If the account was established at the end of the month - the anniversary dates may be adjusted.)
All InterNIC fees are separate from NCIS, Inc. costs and the client is responsible for timely payments to InterNIC for domain ownership.
NCIS, Inc. reserves the right to change pricing schedule at any time.
Additional Features
Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated.
Renewal Notification and Billing Schedule
Renewal notification is emailed to the billing contact seventeen (17) days prior to the end of the billing cycle.
Clients on quarterly prepayment may queue themselves for annual prepayment at least 10 days prior to the end of their current billing cycle. If the client does not queue themselves for annual prepayment, the account will automatically be assessed quarterly prepayment.
Clients on annual prepayment must renew for annual prepayment at least 10 days prior to the end of their billing cycle. If the client does not renew for annual prepayment, the account will automatically revert to quarterly prepayment.
Credit Card Failures
In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If the credit card continues to fail and the billing cycle ends, the account will be cancelled.
Returned Checks
Non-sufficient fund checks will result in a cancellation of the account and the client is assessed a $35.00 dollar processing fee.
Account Reactivation
If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $49.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees (if applicable).
If an account was cancelled due to policy violation, NCIS, Inc. will not reactivate the account.
Refund Policy
For new accounts, the set up fee charges are non-refundable.
If NCIS, Inc. terminates an account due to policy violations, there will be no refund.
The fees for additional features are non-refundable.
Cancellation
NCIS, Inc. reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a $500 clean up fee. NCIS, Inc. reserves the right to delete the policy violating web site content without notice.
Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's control panel contact forms.
If the client requests cancellation, their account will be terminated at a specified date or immediately. If the client specifies immeditate account termination, NCIS, Inc. reserves the right to delete the web site contents without notice.
Indemnification
Client agrees to defend, indemnify and hold harmless NCIS, Inc. against any liabilities arising out of defective products sold to customers from NCIS, Inc. servers, personal injury or property damage caused by products or services sold or distributed from NCIS, Inc. servers, any material that infringes or allegedly infringes on the rights of a third party available from NCIS, Inc. servers, and any material that libels or allegedly libels a third party available from NCIS, Inc. servers.
Disclaimer
NCIS, Inc. is not responsible for any damages to any client's business. NCIS, Inc. makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of NCIS, Inc.'s web hosting and email service is at the client's sole risk. NCIS, Inc.'s services are provided on an "as is, as available" basis.
NCIS, Inc. does not guarantee that our services will be uninterrupted or error free. NCIS, Inc. will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will NCIS, Inc. be liable for any claims resulting from the use or inability to use NCIS, Inc.'s services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to NCIS, Inc. servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.
NCIS, Inc. reserves the right to revise our policies at any time.
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