Terms
and Conditions
This
Services Agreement (the "Agreement") contains the complete
terms and conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by Next
Generation Hosting, LLC (the "Services"). As used in this
Agreement, "Next Generation Hosting" means Next Generation
Hosting, LLC and "Client", "you", or "your"
means you. By clicking on the "Submit Order" button, you
acknowledge that you have read the Agreement, and you agree to its
terms and conditions and all policies posted on the Next Generation
Hosting site. As referred to in this Agreement, "Site"
refers to a World Wide Web site and "Next Generation Hosting
Site" refers to the Site located at the URL http://www.nghosting.com,
or any other successor Sites owned or maintained by Next Generation
Hosting.
1.
APPROPRIATE USE OF THE SERVICES.
Next Generation Hosting provides the Services exclusively and makes no effort to
edit, control, monitor or restrict the content of data other than
as necessary to provide such Services.
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Client
Content. Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or through
Client by a third party - to any Next Generation Hosting server in connection
with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of Next Generation Hosting or
any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes hate
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contain
viruses or other computer programming defects which result
in damage to Next Generation Hosting or any third party.
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Bandwidth.
Client may occupy only the amount of disk space on the Next Generation Hosting Server and utilize no more than the network bandwidth
that is allotted by Next Generation Hosting. Additional fees, specified
in the Virtual Host plans page, will be charged for exceeding
the disk space and/or network bandwidth allowance of your selected
plan.
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No
"SPAM". Client shall not use the Services for
chain letters, junk mail, spamming, or any use of distribution
lists to any person who has not given specific permission to
be included in such a process. Client also shall not engage
in any unsolicited email practices at Next Generation Hosting, or otherwise,
that mentions or reference any domain hosted on Next Generation Hosting
servers or parked on Next Generation Hosting DNS servers. NOTE: THIS
POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR
RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS,
NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators
will be fined! Refer to our UCE (SPAM) Policy).
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Licensed
Software Only. Client agrees to use only properly licensed
third party software in connection with Client's use of the
Services.
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Back-Up
Files. Client will have the ability to reinstate files which
are automatically archived by Next Generation Hosting; however,
Next Generation Hosting does not guarantee the existence, accuracy,
or regularity of its backup services and, therefore, Client
is responsible for making back-up files in connection with its
use of the Services. Backup capability is available through
the Client’s Control Panel.
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Termination.
Next Generation Hosting reserves the right to refuse service to anyone.
Next Generation Hosting, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing. To
report any unacceptable behavior by a third party using the
Services, please contact abuse@nghosting.com.
2.
PAYMENT OBLIGATIONS
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Service
Fees. On the anniversary date that the client's account
was created, Next Generation Hosting
shall either (i) debit Client's credit card (where such
information is provided by Client) or (ii) deliver by e-mail
or regular mail an invoice to Client in accordance with the
applicable Services fees for services rendered for the current
month. Where an invoice is delivered to Client, Client shall
remit payment to Next Generation Hosting by no later than the
specified payment due date. Next Generation Hosting shall be
entitled to immediately terminate this Agreement for Client's
failure to make timely payments to Next Generation Hosting.
Certain services carry a set-up fee charged by Next Generation
Hosting to Client that must be paid by Client in order to have
use of the Services. If Client terminates this Agreement in
accordance with Section 4 hereunder, Client shall be
responsible for any outstanding fees owed to Next Generation
Hosting and agrees to pay any and all fees incurred by Client.
Because the Services are provided on a recurring basis, Client will be
responsible for Service fees incurred on that recurrence
regardless of when Client provides notice of termination.
Thus, for example, if Client provides notice to terminate on
the 15th of a particular month, Client will still owe fees for
the entire month and such fees will not be pro-rated or
refunded. If Client has retained the Services for one (6)
months and has pre-paid Next Generation Hosting for such
Services, no refund will be issued for
unused portions of the Services.
If Client has retained the Services for one (1) year and has
pre-paid Next Generation Hosting for such Services, no refund
will be issued for
unused portions of the Services.
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Domain
Names. If Client chooses to register a domain name(s) through
Next Generation Hosting, Client acknowledges and agrees that Client
will pay a registration fee(s) to register the domain name(s)
with the applicable domain name registrar. Next Generation Hosting does
not offer refunds for domain name registrations for any reason,
including misspelling of the domain name.
3.
CLIENT LIABILITY AND INDEMNIFICATION
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The
parties agree that in no event shall Next Generation Hosting be liable
to any third party for Client's breach or alleged breach of
any of the terms and conditions set forth in this Agreement.
Client agrees to defend, indemnify and hold harmless Next Generation Hosting from any and all expenses, losses, liabilities, damages
or third party claims resulting from Client's breach or alleged
breach of any Client obligations set forth hereunder.
4.
TERM, TERMINATION & REINSTATEMENT
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Subject
to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise
specified by separate agreement (the "Term") unless
terminated earlier pursuant to the provisions of this Section
4. Either party will have the right to terminate this Agreement
upon notice to the other party. If Client is terminating this
Agreement, Client must follow instructions for cancellation
provided on the Server Cancellation Information page. The essence
of this page states that Client must contact the Next Generation Hosting
to receive a cancellation number, which Client shall retain
as proof of termination, and all cancellation requests must
be received (5) days prior to end of current cycle date. If
Client does not request cancellation five (5) days prior to
the next billing cycle, Client will be be responsible for the
fees owed for the next billing cycle. Any other attempt by Client to cancel this
Agreement by written or e-mail notice shall be void. Sections
3 - 8 shall survive termination or expiration of this Agreement.
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If
Client terminates its account, Client shall be allowed to re-instate
Client's use of the Services within Seven (7) business days
of cancellation. Client shall pay a fee of Fifty Dollars ($50)
prior to any re-instatement of Client's account. Once payment
has been received, Client's account will be activated within
Forty-Eight (48) business hours. Next Generation Hosting will maintain
an archival copy of Client's Web site for Seven (7) days after
Next Generation Hosting receives notice of cancellation. Thereafter,
Client will need to place a new order if it wishes to subscribe
to the Services.
5.
TAXES
6.
DISCLAIMER OF WARRANTY
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THE
SERVICES, THE NEXT GENERATION HOSTING SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON
THE THE NEXT GENERATION HOSTING SITE, AND ALL TEXT, GRAPHICS,
LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. THE NEXT GENERATION
HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, THE NEXT GENERATION HOSTING SPECIFICALLY DISCLAIMS
ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER
HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL
BE SUFFICIENT.
7.
LIMITATION OF LIABILITY
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IN
NO EVENT SHALL THE NEXT GENERATION HOSTING BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE THE NEXT GENERATION
HOSTING SITE OR ANY THE NEXT GENERATION HOSTING PRODUCTS OR
SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH
ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL
THE NEXT GENERATION HOSTING’S CUMULATIVE LIABILITY EXCEED AN
AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
8.
MISCELLANEOUS
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Notices.
Any notices or communication under this Agreement shall be in
writing and shall be deemed delivered to the party receiving
such communication at the address specified below (1) on the
delivery date if delivered personally to the party, or a representative
of the party; (2) one business day after deposit with a commercial
overnight carrier, with written verification of receipt; (3)
five business days after the mailing date, whether or not received,
if sent by postal mail, return receipt requested; (4) on the
delivery date if transmitted by confirmed facsimile.
If
to Next Generation Hosting:
Next Generation Hosting, LLC
19 Rebel Run Drive
East Brunswick, NJ 08816
US
If
to Client:
Name and address provided for account setup.
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If
any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or rule
of law, then, that provision notwithstanding, this Agreement
shall remain in full force and effect and such provision or
portion thereof shall be deemed omitted. This Agreement (including
the Exhibits, attachments and/or addenda, if any,) represents
the entire agreement of the parties with respect of the subject
matter hereof and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral between the parties
with respect to the subject matter hereof. This Agreement and
the rights granted and obligations undertaken hereunder may
not be transferred, assigned or delegated in any manner by Client,
but may be so transferred, assigned or delegated by Next Generation
Hosting. Any waiver or any provision of this Agreement, or a
delay by any party in the enforcement of any right hereunder,
shall neither be construed as a continuing waiver nor create
an expectation of non-enforcement of that or any other provision
or right. In any legal proceeding between the parties under
this Agreement, the prevailing party shall be entitled to recover
its costs, expenses and reasonable attorneys' fees. This Agreement
is made under and shall be governed by the laws of the United
States of America, except with regard to it’s conflict of law
rules. This Agreement and Next Generation Hosting’s policies
are subject to change by Next Generation Hosting without notice.
Continued usage of the Services after a change to this Agreement
by Next Generation Hosting or after a new policy is implemented
and posted on the Next Generation Hosting Site constitutes your
acceptance of such change or policy. We encourage you to regularly
check the Next Generation Hosting Site for any changes or additions.
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