Agreement User Policy and Terms of Service
Neurolinx LLC is dedicated to providing the best service to our clients. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Neurolinx LLC will be the sole arbiter as to what constitutes a violation of any of these provisions. Customer understands that prior to joining our services, they must agree to this policy.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuse of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse@neurolinx.net
Illegal Usage
Neurolinx LLC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Neurolinx LLC service agrees to indemnify and hold harmless Neurolinx LLC from any claims resulting from the use of the service that damages the subscriber or any other party.
Neurolinx LLC will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of a more suitable plan (which depends on the resource needed) or reducing the resource used to an acceptable level. Neurolinx LLC shall be the sole arbiter of what is considered to be a high server usage level.
CGI/PHP/ASP Scripts
Cgi script sharing with domains not hosted by Neurolinx LLC is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Chat Rooms
Neurolinx LLC does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. Neurolinx LLC does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.
Background Running Programs and Cron Jobs
Neurolinx LLC does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
IRC
Neurolinx LLC does not allow IRC or IRC bots to be operated on our servers.
Backups
Neurolinx LLC does execute routine server backups to ensure reliability. However, Neurolinx LLC is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Neurolinx LLC's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. The Client may choose to purchase website management servers from Neurolinx LLC to assist with basic website maintenance if he/she does not feel adequate to manage their website (See Management Clause Below). Client agrees that it is not the responsibility of Neurolinx LLC to provide this knowledge or support outside matter specific to Neurolinx LLC's servers.
Neurolinx LLC Management Service
All Neurolinx LLC management services exclusively pertain to Neurolinx LLC web hosting accounts. Neurolinx LLC offers basic website management duties such as file movement, file transfer, installations of software included in Neurolinx LLC web hosting accounts, email setup, email redirection, email forwarding, email autoresponse, spam filter setup, search engine optimization, directory protection, html redirection, hotlink protection, and weekly backups if the customer requests these services.
Minor HTML adjustments are also included in this service under the understanding that the client is responsible for providing all material that will be used for the adjustments requested. Minor HTML adjustments include adding new content, new image placement, and updating links on HTML pages. Minor HTML adjustments do not include any other adjustments including CSS changes, Javascripting, php programming or any creative design work.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Neurolinx LLC server using an email address that is maintained on a Neurolinx LLC machine is STRICTLY prohibited. Neurolinx LLC will be the sole arbiter as to what constitutes a violation of this provision. If Neurolinx LLC receives any reports of SPAM or malicious email originating from a clients hosting account the client will be fined a minimum of $200.00, and will be immediately suspended.
Server abuse
Any attempts to undermine or cause harm to a Neurolinx LLC server or customer of Neurolinx LLC is strictly prohibited.
Any sub-networks of Neurolinx LLC and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
Neurolinx LLC's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@neurolinx.net for special arrangement.
Domain Names
Neurolinx LLC will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Neurolinx LLC does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
We 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.
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 us and subsequently not registered, transferred and/or renewed by Neurolinx LLC, the domain registration fee will be refunded.
If we register domain names on your behalf and you refute the entire charge or if we must issue a full refund, your domain name will be forfeited and your domain name becomes the property of Neurolinx LLC. This also applies to any special promotional offers whereby a domain name is included as part of a promotional offer. This only applies to domain names we register on your behalf.
Actions Taken by Neurolinx LLC
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Neurolinx LLC will be the sole arbiter as to what constitutes a violation of the AUP. Neurolinx LLC reserves the right to remove any account without prior notice.
When Neurolinx LLC becomes aware of an alleged violation of its AUP, Neurolinx LLC will initiate an investigation. During the investigation, Neurolinx LLC may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Neurolinx LLC may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Neurolinx LLC will notify the appropriate law enforcement authorities of such violation. There will be no refund if there is any violation of Neurolinx LLC AUP/TOS policies.
Neurolinx LLC does not issue credits for outages incurred through service disablement resulting from AUP violations.
Neurolinx LLC customers agree to indemnify and hold harmless Neurolinx LLC from any claims resulting from the use of our services that damages them or any other party. The Neurolinx LLC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Neurolinx LLC expressly disclaims any representation or warranty that the Neurolinx LLC service will be error-free, secure or uninterrupted. No oral advice or written information given by Neurolinx LLC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Neurolinx LLC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Texas and the country in which you reside.
Hosting
Payments including checks and Paypal payments are due on the first day of each billing cycle.
If payment for hosting is not received in our office after the 5th day of the due date, your account will be suspended until all monies due plus a charge of $30 to reinstate your account is received in our office. It is your responsibility as a customer to contact Neurolinx LLC to keep your current email address on file for future invoices, updates on your account.
If your email address changes please send an email to: support@neurolinx.net with your updated contact information.
Hosting fees are subject to change.
Released Files
At the termination of this contract, any information, website, or domains that Client has provided or purchased from Neurolinx LLC will be released to client if the client does not have a balance of monies due on client's account. If Client has a balance owing on his account then any client information, materials, domains, etc. will not be released until payment is secured. As soon as payment is secured for all monies due, all information, materials, domains, etc. of the client shall be released and files sent to said Client.
Termination & Cancellation
Neurolinx LLC may terminate this Agreement upon or after any one of the following events.
Client has 10 days from the due date which is the first day of each month of their billing cycle to pay hosting fees in full. On the 10th day after the due date the site will be suspended and late penalties will be charged in the amount of $35. Payment must be in full for the total amount of services plus the late fee of $35 to have the site reinstated. If, at the end of 30 days, no payment is received the website in question will be terminated and all files will be removed from our servers.
All Cancellation requests must be received atleast five business days prior to the cancellation effective date (end of current cycle date). To terminate your hosting agreement please email to billing@neurolinx.net, or support@neurolinx.net to cancel services. There are no refunds for monthly, quarterly, semi-annual, or annual hosting upon termination.
If you terminate this Agreement you, the client, are responsible for having all data backed up including, but not limited to, file page, graphics, & databases to your website. Neurolinx LLC will not be liable for any lost data.
Modification
Neurolinx LLC reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Network Uptime & Credits
This policy also encapsulates our Service Level Agreement.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. |
