Nemo Networks reserves the right to suspend or cancel a customer's access to any or all services provided by Nemo Networks when we decide that the account has been inappropriately used.
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Nemo Networks
is strictly prohibited.
Unauthorized use of other people's accounts or computers Nemo Networks will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Nemo Networks customer, whether or not the attacked account or computer belongs to Nemo Networks, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Content:
All services provided by Nemo Networks 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 that is
threatening or obscene, or material protected by trade secrets and other statue.
The subscriber agrees to indemnify and hold harmless Nemo Networks from any claims
resulting from the use of the service which damages the subscriber or any other
party.
Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Downloading Sites
Spamming Software
Nemo Networks will be the sole arbiter as to what constitutes a violation of
this provision.
Downloading
We do not allow clients to use their account to distribute files via downloading,
without approving it with Nemo Networks. Most downloading sites tend to be large
system hogs and we cannot allow it as an account option. These files usually
come in mass in .zip files, mp3 files, and .tar files.
Abuse of Bandwidth
Nemo Networks customers are privileged with a generous amount of bandwidth per
month per account. The intention of Nemo Networks is to provide a large space
to serve web documents, not an offsite storage area for electronic files. All
(90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on our server. Web sites that are found to contain either/or no html
documents, a large number of unlinked files are subject to warning, suspension
or cancellation at the discretion of Nemo Networks. Any customer who violates
Nemo Networks's Policies in abusing either space/site transfer will be notified
and given 2 days to remedy the problem. Failure to fix the problem when being
asked will result in account suspension or cancellation at the discretion of
Nemo Networks.
To maintain the integrity of our service the following limitations apply:
Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 75% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds.
Traffic will go unmonitored until you reach your quota. Thereafter, you will be asked to upgrade to the next available plan and/or pay for excess of usage. You will receive a notice detailing your bandwidth usage. You will have 7 days to upgrade to the next available plan and/or pay for excess of usage. If you do not upgrade to the next available plan your site will be disabled within 7 days of your first notice.
Nemo Networks will be the sole arbiter as to what constitutes a violation of this provision
Bandwidth Usage
If a site uses over it's allotment of bandwidth for its type of account, the
customer will be charged an additional $1.00 per 10 MB over over allotment per
month. If a site is popular enough that is using more than its bandwidth allotment,
then the customer is expected to be responsible for higher charges based on
the amount of data transfer. The customer acknowledges, in advance, that he/she
will be charged an additional $1.00 per 10 MB per month if the bandwidth exceeds
the allotment for the users account. Please note that we sell in a block of
1GB at $1.00 per 10MB.
The customer will be e-mailed a notice once an additional amount is assessed to the customer account. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.
Customers have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner's account from any other service.
Unsolicited Email (Spam)
Commercial advertisements with e-mail Unsolicited commercial advertisements
are not allowed in e-mail, and will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and
on most e-mail mailing lists. Inappropriate posting may result in account suspension
or cancellation. See the newsgroup or mailing list's charter for whether advertising
is allowed or not. "Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients,
is by itself spamming unless the individuals have specifically requested to
be added to a mailing list on that topic. E-mail is a person-to-person medium,
not a broadcast medium.
Chat Rooms
We do not allow clients to install their own chat rooms, without approving it
with Nemo Networks. Most chat rooms tend to be large system hogs and we cannot
allow it as an account option.
Background Running Programs
We may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system resources
used and operational maintenance needed.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new
accounts and major account changes and are non-refundable. All pricing is guaranteed
for the term of pre-payment. Nemo Networks reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account not brought
current within a week (7 days) of e-mail notice or exceeding this time frame
in any way is subject to suspension. The customer is responsible for all money
owed on the account from the time it was established to the time that the customer
notifies Nemo Networks in writing for a request for termination of services. All
payment is in U.S. currency.
Cancellation
Nemo Networks reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by Nemo Networks if Nemo
Networks institutes its right of cancellation. Refunds won't be applied for
yearly plans unless you upgrade your plans, the credit of old plan will be credited
toward the new plan. Any violation of policies which results in extra costs
will be asked customer to pay (i.e. transfer, space etc.). Nemo Networks must
be notified by client at least 3 days before billing cycle for cancellation
of service. If your credit card has been charged, you must be responsible for
payment of that month.
NOTE: For reseller plans, please pay attention on features we provide, if you
have questions before signing up, please contact us. If you sign up by mistake
on features we offer, and your account has already been set up, your refund
won't be granted, $30 set up fee might be applied if your refund is granted
within 30 days. If you order wrong plan, we'll be happy to switch to different
plan at no charge.
Lawful Purpose
Nemo Networks reserves the right to refuse service to anyone. Customers may
only use our server for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited. This includes, but
is not limited to copyrighted material, material legally judged to be threatening
or obscene, and material protected by trade secrets. Nemo Networks expressly
forbids anyone from using our servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which we deem to be objectionable, including,
but not limited to, pornography, satanic materials, and any and all materials
of an adult nature. The designation of any materials as such described above
is left entirely to the discretion of Nemo Networks management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Nemo Networks harmless
from any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Nemo Networks, 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, it's agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless Nemo Networks
against liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with our server;
(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 customer from our server.
Disclaimer
Nemo Networks will not be responsible for any damages your business may suffer.
Nemo Networks makes no warranties of any kind, expressed or implied for services
we provide. Nemo Networks disclaims any warranty or merchantability or fitness
for a particular purpose. The includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by Nemo Networks and
its employees. Nemo Networks reserves the right to revise its policies at any time.
All clients of Nemo Networks must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.