tos.php

<?php

$page = [
	'id'		=>	'legal',
	'title'		=>	'Terms of Service',
	'seo_desc'	=>	'',
	'seo_tags'	=>	'',
	'cta_title'	=>	'Terms of Service',
	'cta_desc'	=>	'Last Revised June 10, 2015'
];

require_once('structure/header.php');

?>
<div class="legal">
	<p><b>This document clearly outlines procedures and restrictions for all clients.</b></p>
	<p>NetherBox strives to provide the best possible service to  all our customers, but we will not tolerate any unlawful activity or  abuse on our servers. We respect freedom of speech and expression  unless it is harmful to others. These brief guidelines are imposed to  protect you, other NetherBox customers and us against such  harm.</p>
	<p>In the absence of any other Agreement, you will have accepted this  Policy and these Terms and be bound by them if you use any of the  services offered by NetherBox ("Services") or otherwise  indicate your affirmative acceptance of such Services.</p>
	<p>This Policy and these Terms may change from time to time. NetherBox will try to inform all of our customers of the changes and  subject to applicable laws and this Agreement those changes will be  effective after 7 days.</p>
	<p>We reserve the right to refuse service to anyone for any reason not  prohibited by law. Also we reserve the right to terminate service to  any client for any reason not prohibited by law. Any deliberate attempt  to cause damage to NetherBox or any other Internet servers  will result in immediate account deactivation without prior notice. No  refund will be issued in this case.</p>
	<h4>Payment Policies, Fees, Refunds and Terms of Agreement</h4>
	<p>Full payment is required before any hosting service is rendered,  which includes renewals. All payment-due notices will be sent by electronic mail. There is a setup fee charged for some products. No bills or invoices will be sent by postal mail or  fax, unless requested and agreed upon in writing before service is  rendered. Prepayment is due each anniversary (one month, one year, or  other agreed upon period) following the date the account was  established. Billing will continue until you cancel your hosting  account. As a policy, we do not offer credits or refunds for hosting  time already expended or on any promotional credit, such as a free  month of hosting. Credit cards may be billed up to seven days in  advance of the due date to assure that service will not be affected if  there is a problem with the credit card. NetherBox considers  all credit card or PayPal chargebacks for services rendered, or  partially rendered, to be fraudulent. Such accounts will be assessed a  $50 fee, per incident, and have their balance sent to a third-party  collections agency. Please follow the refund procedures we have defined.</p>
	<p>If you decide to cancel after prepayment, you will not receive a refund for the current  month in use (we do not give partial months refunds). If cancellation is done by  NetherBox due to an account violation, there will be no  refund. Additional features can be added at any time. NetherBox reserves the right to change prices at any time, but will  notify all clients before such changes take place. A service cannot be cancelled while an invoice is outstanding.</p>
	<h4>Access</h4>
	<p>You agree to allow us and our agents the right of access to  equipment and data, as is reasonably needed, for purposes of  installing, servicing, configuring, maintaining, inspecting, upgrading,  replacing and removing the services and/or equipment used to receive  any of the Services. In so doing NetherBox will take all  reasonable care to insure the work is complete in a professional manner  with minimal interruptions to Services. In all instances NetherBox's liability will not exceed what is provided within this  Agreement.</p>
	<h4>Account Cancellation</h4>
	<p>You may cancel at anytime. Please note we do not refund partial monthly fees to accounts. To cancel your account,  please email <a href="mailto:billing@NetherBox.com">billing@NetherBox.com</a>.  Notification of cancellation must be received at least one full week  prior to your cycle date, with the cycle date being the day of the  month you sign up, in order to avoid charges in full for the next  cycle. It is the client's responsibility to secure email confirmation  from NetherBox that account has been cancelled. If the client  has not yet received email confirmation of account cancellation, then  the account remains active, and you will continue to be invoiced.  Clients are responsible for all charges associated with an account  until cancellation is verified via email.</p>
	<p>If the client has a balance due at the time of cancellation, this  balance must be paid in full. Cancellation does not absolve client of  any outstanding financial obligations. NetherBox reserves the  right to go through a third-party collection agency to collect any  overdue payments. All accounts sent through a third-party collection  agency will have an additional fee of 38% of the amount owed added to  cover the collections fees and other related expenses, subject to  applicable laws.</p>
	<h4>Affiliate Program</h4>
	<p>Affiliate payout rates can change at any time, with due client notification. Affiliate payouts will be made within 60 days of a withdrawl request. If a payout is not made within 60 days, NetherBox will add an additional 10% on top of the affiliate balance. Affiliate withdrawls will not be made to clients found to have broken our terms of service.
	<h4>Spam Policy</h4>
	<p>NetherBox is committed to a strict anti-spamming policy.  Under this policy, we prohibit spam, or any unsolicited commercial  email, from being sent either: Over the NetherBox network, by  clients or any other users of the NetherBox network (including  the client's customers); AND/OR over ANY network - if the message sent  advertises or mentions a site hosted on the NetherBox network.</p>
	<p>We react quickly and seriously to violations, and we further reserve  the right to terminate the services of any client disregarding this  policy. VPS customers may have their  accounts suspended without notice, depending on the severity of the  incident. Sending unsolicited commercial email (a.k.a. "spam"),  cross-posting messages to a large number of usenet groups, posting  obscene or threatening messages while using or referring to an email  address or web site URL on NetherBox' network is prohibited.  The use of NetherBox' network as a mail drop for responses to  activities described above is also prohibited. Accounts cancelled due  to spam will be billed a "clean up" fee of $100 along with a potential  fee of $50 per mailing/complaint if they are deemed to be unresponsive  to our requests.</p>
	<p>If you have any complaints or comments regarding spam on our network, please email <a href="mailto:support@NetherBox.com">abuse@NetherBox.com</a>.</p>
	<p>Note: NetherBox explicitly reserves its right to act in  accordance with this policy in all instances. However, we will  generally not suspend an account due to a single violation. In general,  we will first attempt to work with you to resolve the situation. If  problems persist or there is no cooperation the account may be  suspended and have the above charges applied. As a web host we  understand you may not have control of all your users/clients and we  are more than happy to work with you as long as you are cooperative. We  give all clients the right to defend themselves before accounts are  permanently suspended or charged the specified clean-up fees.</p>
	<h4>Content Policy</h4>
	<p>All services provided by NetherBox may be used for lawful  purposes only. Transmission, storage, or presentation of any  information, data or material in violation of any American law is  prohibited. This includes, but is not limited to: copyrighted material,  trademark, intellectual property, material that promotes any illegal  activity, or material protected by trade secret and other statutes  without proper authorization. NetherBox will comply with all  requirements of all Federal and State laws and regulations and will  comply with orders of any court of competent jurisdiction or regulatory  agency with authority over NetherBox or its business. The  subscriber agrees to indemnify and hold harmless NetherBox  from any claims resulting from such compliance or the use of the  service which damages the subscriber or any other party. </p>
	<p>Examples of unacceptable content include, but are not limited to, the following:</p>
	<ul class="bullets">
		<li>Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;</li>
		<li>Serial numbers and cd keys for commercially available software which you do not have the legal right to distribute;</li>
		<li>Music  (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi,  .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or  archives containing such files (.zip, .rar, .tar, etc.) which you do  not have the legal right to distribute;</li>
		<li>Child pornography, rape, or bestiality;</li>
		<li>Security circumvention software or archives;</li>
		<li>Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;</li>
		<li>Torrent files and trackers that facilitate the download of any materials included in this list;</li>
		<li>Any software that facilitates any activity prohibited in this policy.</li>
		<li>Bitcoin/Cryptocurrency miners.</li>
	</ul>
	<p>Any illegal activity may result in your site being suspended  immediately, without notification. Any sites breaking the above rules  will be subject to a $100 clean-up fee if they are deemed to be  unresponsive to our requests.</p>
	<p>NetherBox will be the sole arbiter as to what constitutes a violation of this provision.</p>
	<p>NetherBox is a strong believer in everyone's right to  practice free speech and we do not feel that it is our obligation to  rid the Internet of any material which others feel may be inappropriate  or offensive. We feel that the right of free speech trumps any other  claims of content being inappropriate or offensive as those terms are  objective, while the laws of the United States are quite clear. As long  as the content is legal, we will not suspend your account without  notice, though we do reserve the right to refuse hosting to any party  for any reason with proper notice being given.</p>
	<h4>System and Network Security</h4>
	<p>Violations of system or network security are strictly prohibited,  and may result in criminal and civil liability. NetherBox  investigates all incidents involving such violations and will cooperate  with law enforcement if a criminal violation is suspected.</p>
	<p>Examples of system or network security violations include, but are not limited to, the following:</p>
	<ul class="bullets">
		<li>Introduction of malicious programs into the network or  server (example: viruses, worms, Trojan Horses and other executables  intended to inflict harm);</li>
		<li>Effecting security breaches or disruptions of  Internet communication and/or connectivity. Security breaches include,  but are not limited to, accessing data of which the client is not an  intended recipient or logging into a server or account that the client  is not expressly authorized to access. For purposes of this section,  "disruption" includes, but is not limited to, port scans, ping  flooding, email-bombing, packet spoofing, IP spoofing and forged  routing information;</li>
		<li>Executing any form of network activity that will intercept data not intended for the client's server;</li>
		<li>Circumventing user authentication or security of any host, network or account;</li>
		<li>Interfering  with or denying service to any user other than the client's host  (example: denial of service attack or distributed denial of service  attack);</li>
		<li>Using any program script/command, or sending  messages of any kind, designed to interfere with or to disable a user's  terminal session, via any means, locally or via the Internet.</li>
	</ul>
	<p>Inadequate security, insecure/unpatched software, insecure  passwords, etc. are not the responsibility of NetherBox. The  client is responsible for assuring that their account is as secure as  possible and the account holder accepts all responsibility for actions  taken using their allocated resources, whether they are authorized or  not. The account holder on file agrees to be held responsible for all  bandwidth overage fees, clean-up fees, and managed service fees.</p>
	<h4>Scripting/IRC Policy</h4>
	<p>NetherBox strictly prohibits the running of IRCd, eggdrop,  or other IRC related scripts, programs, or bots from VPS accounts. If you are running such scripts, programs, or bots you  take full responsibility for any and all costs that may be involved in  resolving such an attack, with a minimum fee of $50 per incident.</p>
	<h4>Backups</h4>
	<p>No guarantees are made of any kind, either expressed or implied, as  to the integrity of our backups. It is the clients' responsibility to  maintain local copies of their content and other stored information. If  loss of data occurs due to a failure on NetherBox' part, we  take reasonable action to recover the data in-house at no charge to the  client. If data loss occurs due to negligence of client in securing  their account, by an action of the client, or any actions not under the  direct control of NetherBox, NetherBox will have no  liability.</p>
	<h4>User Information</h4>
	<p>It is the responsibility of the client to assure that the complete  contact and billing information on-hand is up-to-date and accurate,  including full mailing address and a list of authorized contacts.  NetherBox will contact users via the email addresses and/or  phone numbers entered by the user and will not be held responsible for  the accuracy of this information. NetherBox provides a direct  way for all users to verify this information through the control panel.</p>
	<h4>Representation and Warrantee of Age</h4>
	<p>You represent and warrant that you are at least 18 years of age.</p>
	<h4>Force Majeure</h4>
	<p>Neither party will be liable for any delay, interruption or failure  in the performance of its obligations if caused by acts of God, war,  declared or undeclared, fire, flood, storm, slide, earthquake, or other  similar event beyond the control of the party affected ("Force  Majeure"). If any Force Majeure occurs, the party claiming the Force  Majeure will promptly notify the other. The party claiming the Force  Majeure will use commercially reasonable efforts to eliminate or remedy  the Force Majeure. This Section will not apply to excuse a failure to  make any payment when due.</p>
	<h4>No Waiver</h4>
	<p>No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.</p>
	<h4>Severability</h4>
	<p>If any portion of this Agreement is determined to be or becomes  unenforceable or illegal, such portion will be reformed to the minimum  extent necessary in order for this Agreement to remain in effect in  accordance with its terms as modified by such reformation.</p>
	<h4>Entire Agreement</h4>
	<p>This Agreement supersedes all previous Agreements and Service  Agreement Addendums between the parties. This Agreement and any  subsequent Service Agreement Addendums constitute the entire agreement  between the parties regarding the subject matter hereof and supersede  all proposals and prior discussions and writings between the parties  with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS  AGREEMENT, NetherBox MAKES NO REPRESENTATION, WARRANTY OR  CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR  STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE  QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR  NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR  FROM A COURSE OF DEALING OR USAGE OF TRADE.</p>
</div>
<?php require_once('structure/footer.php'); ?>