These are the terms and conditions under which NetSpeedia.Net provides all wholesale Internet services ("service" or "services"). These Terms of Service act as a fully binding agreement between NetSpeedia.Net (herein "NetSpeedia.Net") and each of its customers (herein "Customer").
1. The ClientExec Hosting Automation Suite is located at: http://NetSpeedia.Net. NetSpeedia.Net shall primarily communicate with Customer through http://NetSpeedia.Net, and/or by electronic mail to the manager contact's e-mail address as specified by Customer within the hosting account. Notice of any events or changes involving Customer's service or this agreement shall be considered given at the time that such notice is posted in a prominent location within ClientExec, or is sent by e-mail to Customer.
2. NetSpeedia.Net will never sell or disclose Customer's contact information or customer lists to any third party, unless required by law or specifically authorized by Customer.
3. All customers must maintain the accuracy of their contact information within ClientExec. NetSpeedia.Net is not responsible for any inability by Customer to access or use ClientExec.
4. NetSpeedia.Net reserve the right to refuse service to anyone. Customers may only use our servers 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. We expressly forbid anyone from using 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 our management.
5. Payments are due monthly on the day that the Customer initially signed up, and NetSpeedia.Net dispatches e-mail invoices approximately seven (7) calendar days prior. If payment is not received by the due date, Customer's account will be suspended, and may incur a $50.00 reactivation fee at NetSpeedia.Net's discretion. Accounts may be deleted if they have spent eight (8) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 1.5% per month. If the customer do not want to continue with the services he needs to login into his account and delete all products/services, by doing this the customer will not be charge for late fees.
6. A $30.00 service charge applies to all returned checks, cashier's checks, or money orders.
7. Charges will be billed according to the price list currently in effect.
8. If any invoice or portion there of is disputed, the invoice must still be paid in full by the due date. Any credits issued in resolution of the dispute will be applied to the subsequent month's invoice.
9. Customer is responsible for complying with United States federal, state, and local laws, and applicable laws of any other countries with which Customer uses the Internet to communicate. Customer may not participate in or support any illegal activities through the use of their service. NetSpeedia.Net does not control the content of network traffic to or from their services or network.
10. Due to the insecure nature of much of the global Internet, NetSpeedia.Net strongly suggests that credit card numbers or other personal information never be sent through e-mail or any other Internet service, unless proper encryption is used. Customer is fully liable and responsible for the security and integrity of their own services, including Internet servers. NetSpeedia.Net will not be held liable for any security breaches that may occur. Customer agrees to fully indemnify and hold harmless NetSpeedia.Net from any legal or financial claims that may result from a breach in the security of Customer's services.
11. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force. Any and all disputes regarding or resulting from this agreement will be governed by the laws and courts of Stillwater, Oklahoma.
12. We will not share your Personal Information with anyone without your prior permission nor will it be used for any other purpose than the purpose given. We will keep your Personal Information private and secure. The information we collect from you allows us to provide you with information that is targeted specifically to you. You will have access complete access to your information in the event that you wish to make any changes or retract any of the information given.
Personal Information collected from users in countries of the European Union will be transferred to NetSpeedia.Net in the United States only with your proper permission, and in compliance with the United States Department of Commerce Safe Harbor Certification. We confirm that the data security practices that protect your Personal Information comply with all European laws on data protection and that you may exercise all rights accorded to data subjects under European laws.
Additional terms and conditions may apply to some services; these terms are specified within the service's listing at http://NetSpeedia.Net. If you have any questions regarding our terms, conditions, and policies, please call NetSpeedia.Netat 800-959-2533.
Support boundaries
We know that providing support is a high priority task specially if you want to keep your current customers and attract new ones, that's the reason why we do our best and put great effort on making the best of our time invested in each case to properly respond to each of our customers and we put even more attention on solving their problems.
But as you might know there are times where a problem can slip around and go out of your hands, or times when you cant handle it anymore, and this specially happens when you are trying to support something that you cant directly interact with (customer keeps playing with the configs as you support him), have no access to (source code), or simply are not as familiar as you would like to be.
That is why we must to set support boundaries so that we know that we always resolve issues or respond to questions properly.
How does this work? It’s simple -- if it’s within our support scope we can fix it. If it's not, we will try to guide the customer but will not directly interact with the issue. This maintains your relationship with your customer, and at the same time keeps us from making any irreversible damage to your applications.
We will always support connectivity issues, DNS issues, and anything that has to do with the network, but what we can not provide support to is: Scripts of any kind, or any service modifications (HTTP, HTTPS, FTP, etc.)
We do not support scripts because as much as we would like to, we know that there are lots of web scripting languages over the network, and we know that we should not mess with the customer code for it could make it unstable or unsafe, its always better to keep this with a full time developer or consultant.
We do not support services modifications because this might lead to security flaws, and end up on malfunctioning services that anyone can take advantage of, services not working or running at all and more importantly it would mean security vulnerabilities that would place in jeopardy your sites integrity and a giant downtime.
Although we do not provide support for this we will always make ourselves useful by investigating the issue, finding a way to solve and inform the customer about our findings, if we can not fulfill this task we can get you in touch with an expert or consultant trough our channels, this usually means an additional cost but it definitely means a fix for that particular issue that might be bugging you.
Security Policies
We are concerned about our customer's business security; outdated operating systems and outdated/mis-configured services are commonly the target of many crackers across the internet, this is why we provide Dedicated Servers with the latest Operating Systems, latest services, and the latest patches and updates.
Keep in mind that every day a new vulnerability on a service or Operating System is discovered, and this could make your server a direct target for an attacker. While we do keep the server(s) updated/patched as available, these patches (generally) do not apply to a domain-level. Individual scripts on individual domains are maintained by the author, so patches and updates will be provided by the author. The security we maintain on the servers is at an operating system and service level.
If one of our customer’s servers is compromised at any level, we can restore the data from the most recent backup(s). Our policy is an immediate OS re-install on any compromised server, as they are a threat to our network, to the rest of our customer servers, and to different other networks or servers around the world. As soon as we find that a server has being compromised at any level, we will proceed to disconnect that server and to notify the customer.
An OS reinstall has a price of $100 and will be performed as requested and will enter a line or queue, this means, that if your request is the last one to enter it will be the last one to be ready or if it was the first one received it will be the first one to be ready (FIFO, First In, First Out).
If your server for any reason start compromising other networks, our network, or other servers or computers the customer will be directly responsible and will have to pay the fine that the appropriate authorities assign to this compromise, and in the case of the ip address being black listed by this compromise we can not be responsible of taking the customer out of this blacklist, the customer will have to contact the blacklisting site and find out what has to be done to get his ip out of their list and pay for this process to take place.
DomainGurus will also fine $200 for having this ip address blacklisted, when this address was given to the customer it was not on any list (this may vary, please read our IP security policy).
Security & Responsibilites
Security is an important part of your Internet-based business, and it is important that our customers understand the security policies we apply to the servers at NetSpeedia.Net. Every server our customers sign up for is built using our latest operating system builds, and contain the latest vendor-supplied patches.
However, as we do not maintain control over the actual operating system, we do not claim responsibility for our customer's domains. Keeping the security of a server up-to-date is a continuing task, and is the responsibility of the customer.
While our builds provide the initial security to keep your company secure, new security problems arise with all server types every day, and we cannot maintain the security of all of the systems operated by our customers. The only exception to this case is servers that are directly maintained by our company, to which the customer does not have shell access. NetSpeedia.Net will maintain the security on these systems.
In the event of a system compromise on a host we are not maintaining, it is the responsibility of the customer to back-up his data and contact us to take action. Our policy is to immediately re-install any compromised servers on our network, as they pose a threat to all of our systems. We can perform a re-install for a $100 consulting fee. The typical downtime during one of these re-installs is about ten minutes.
IRC activity
We discourage IRC activity on the NetSpeedia.Net network because it attracts network attacks far more than any other activity. If your server is attacked or is used to attack other hosts - and is found to be running IRC, NetSpeedia.Net may disconnect your IRC server and require you to supply a $500 security deposit to cover costs associated with future network attacks. At the end of your term of service with NetSpeedia.Net (or if you discontinue IRC activity), we will refund the deposit if there have been no network attack incidents. Email admin@NetSpeedia.Net for details on how to make this payment.
We don't maintain: * Hosts connected through us, via T-1, T-3, or Dial-up. * Cobalt Hosting Appliance * Cobalt High-Availability Hosting (Dual Servers) * Linux Application Servers * Cobalt Miva eCommerce Appliance * Cobalt RAID MySQL Database Server * Windows Application Servers * Any hosts not directly managed by NetSpeedia.Net
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