NitroWeb provides Internet World Wide Web page hosting, Marketing, and
Development. NitroWeb has certain legal and ethical responsibilities consisting
with the use of its server and equipment involved in these services.
NitroWeb general policy is to act as a provider of Internet presence.
NitroWeb has specific ethical concerns regarding the use of its computers
detailed below. NitroWeb reserves the right to suspend or cancel a customer's
access to any or all services provided by NitroWeb at our own discretion or if we decide that
the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of NitroWeb
is strictly prohibited.
Unauthorized use of other people's accounts or computers NitroWeb 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 NitroWeb customer,
whether or not the attacked account or computer belongs to NitroWeb, 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.
IMPORTANT NOTE - NitroWeb has the right to discontinue service,
or deny access to anyone who violates our Policies or the terms and conditions
shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees
paid will be made if account termination is due to violation of the terms
Customers may not run IRC, bots or clients. Unacceptable uses also include,
but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup
spamming, pornographic content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers, and/or
anything else determined by NitroWeb to be unacceptable use of our services
including abuse of server resources.
Accounts may be terminated that include the following content or which
have links to the following content:
- Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or profanity
- Promoting or providing instructional information about illegal activities,
or promoting physical harm or injury against any group or individual
- Displaying material containing obscene nudity or pornographic material
- Displaying material that exploits children under 18 years of age
- Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities
Unsolicited Email (Spam)
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. Upon your first Spam offense your mail
will be disabled for 72 hours. Upon your second Spam offense your entire
domain will be disabled for 72 hours and you will be fined €100.00 per
sent Spam. Upon your third offense your account with NitroWeb will be
terminated, you will be fined €200.00 per sent Spam. No refunds will be
given if your account is terminated for Spam.
99.9% Uptime Guarantee
This 99.9% uptime guarantee applies to any NitroWeb client in good financial
standing with NitroWeb at the time of a service outage.
(2.) Service Level
NitroWeb endeavors to have the content of your web site available for
http access by any party in the world 99.9% of the time.
In the event that your web site is not available for more than 99.9%,
NitroWeb will credit the following month's service fee as follows. For
any shared hosting client, such credit shall be retroactive and shall
be as calculated below and as measured 24 hours a day in a calendar month,
with the maximum credit not to exceed the monthly service charge for the
95% to 99.8%
90% to 94.9%
89.9% or below
For managed dedicated server customers if the uptime is between 98.9%
and 99.9% for any particular month the credit shall be retroactive and
equivalent to the difference between the guaranteed level of availability
of the customer's services during the month and the calculated actual
level of availability of the customer's services, multiplied by the actual
charges incurred by the customer for the services during that month period.
In addition, for managed dedicated server, customers may be entitled to
additional credits as calculated below and as measured 24-hours a day
in a calendar month, with the maximum credit not to exceed fifty percent
(50%) of the monthly service charge for the affected month.
Minutes of continuous downtime
5+ 60 minute intervals
In order for you to receive a credit on your account, you must request
such credit within ten (10) days after you experienced the down time.
You must request credit by sending an electronic mail message to email@example.com.
For security, the body of this message must contain your account number,
the dates and times of the unavailability of your website, and such other
customer identification requested by NitroWeb. Credits will usually be
applied within sixty (60) days of your credit request. Credit to your
account shall be your sole and exclusive remedy in the event of an outage.
Credits shall not be provided to you in the event that you have any outage
resulting from (1.) scheduled maintenance as posted from time to time
at NitroWeb, (2.) your behavior or the performance or failure of your
equipment, facilities or applications, or (3.) circumstances beyond NitroWeb's
reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability
of interruption or delay in telecommunications or third party services,
including DNS propagation, domain name registration / transfer, failure
of third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your web
site, or (4.) a client breaking any item in NitroWeb's "terms of conditions
and acceptable use policy" causing a machine to fail as a result.
Each account comes with its own cgi-bin. You are free to use any CGI scripts
you wish, however we reserve the right to disable any CGI script that
effects normal server operation without prior warning.
We do not allow clients to install their own chat rooms, without approving
it with the NitroWeb Support Team. Most chat rooms tend to be large system
hogs and we cannot allow it as an account option. However, we do provide
a choice of Java chat rooms for a small extra charge that will more than
fill your needs and run without hindering the performance of the machine
for others. Note: Parachat chat rooms do not apply to this rule. They
are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 1000 pieces of e-mail per day.
If you do send more than 1000 pieces of e-mail per day, your account will
be placed on hold for Network Abuse. If you are sending legitimate e-mails
and they total more than 1000 per day your account will be moved to a
special server that is specifically designed to handle high volumes of
e-mail. You will be charged €50.00/month in addition to your regular hosting
charges if your account is moved to this server. Please contact firstname.lastname@example.org
to have your domain moved.
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. Contact
us for details.
We currently do not allow IRC or IRC bots to be operated on our servers.
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. NitroWeb 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 NitroWeb
at email@example.com to request for termination of services. All payment
is in Euros. NitroWeb will bill each client €50 per returned check
and/or per wire transfer received.
NitroWeb reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by NitroWeb if NitroWeb
institutes it's right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer,
All of NitroWeb's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund
of the contract amount excluding setup fees and overages. Setup fees are
refundable only if the account order is canceled prior to activation.
For web hosting contracts of 3 months or less, the full contract amount
less any setup fees and overages will be refunded if NitroWeb is notified
within the first 30 days following activation. No refund is available
after the 30th day. This policy does not apply to any additional services
such as overages, referrer logs, real audio/video, additional disk space,
additional pop accounts, etc. Due to security concerns, all account cancellations
must be done via our cancellation forms at firstname.lastname@example.org.
Phone or email requests will not constitute acceptance of any cancellation.
Refunds will be made by company check or issued back to your credit card
within 30 days of receipt of cancellation.
NitroWeb reserves the right to refuse service to anyone. Customers may
only use NitroWeb 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.
The designation of any materials as such described above is left entirely
to the discretion of NitroWeb management. Regardless of the place of signing
this agreement, the client agrees that for purposes of venue this contract
was entered into in Tarrant County, Texas, and any dispute will be litigated
or arbitrated in Tarrant County, Texas.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NITROWEB
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST NITROWEB, ITS AGENTS,
ITS CUSTOMERS, OFFICERS AND EMPLO YEES, 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 NITROWEB AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NITROWEB'S 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 NITROWEB'S SERVER.
NITROWEB WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
NITROWEB MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. NITROWEB DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY NITROWEB AND ITS EMPLOYEES. NITROWEB RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF NITROWEB MUST ADHERE
TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
NitroWeb follows the strict guidelines of our customer privacy statement.
Please make sure you understand this statement fully. Please
click here to read the privacy statement.