Terms of Service - Northeast Firewall

Overview

NEFW.net provides superior web hosting services to our clients at rock bottom pricing. In order to provide these services at such a low cost, we require all customers to abide by the following terms of service. They are designed to ensure that you receive quality service, as well as others using our service.

Please direct any questions or comments to help@nefw.net.

Content and Use

Customers are prohibited from transmitting on or through any of NEFW.net's services any material that is, in NEFW.net's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treaties. In other words, NEFW.net's services may only be used for lawful activities.

Content or software that violates Copyright law is prohibited. NEFW.net is required to cooperate with the appropriate authorities in removing any content or item that is deemed to be used without proper authorization. Please do not locate, use, install, execute, or store software or other content that you are not authorized, or have an appropriate licence for on NEFW.net servers. Violators will be terminated immediately and referred to law enforcement authorities.

NEFW.net has a zero tolerance policy on illegal pornography. Pornography which violates local, state, or federal law is prohibited. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. NEFW.net does not seek to limit any users rights to freedom of speech or expression. However, NEFW.net reserves the right to remove content or deny service for sites with adult content that we deem violates local, state, or federal law.

NEFW.net customers may not circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, logging into a server or account the customer is not expressly authorized to access, probing the security of other networks or directly violating the security policy of another organization, interfere with or attempt to deny service. Any violation will result in immediate deactivation of your account.

NEFW.net periodically monitors sites and files for content that does not comply with these guidelines. NEFW.net specifically retains the right to make the final decision in any matter relating to site content.

The Customer must maintain accurate and up to date contact information with NEFW.net. This information will be used for contact with the customer regarding aspects of the service and will not be disclosed or sold to third parties, except where required by law.

The Customer will receive access tokens, such as user names and password combinations, for access to NEFW.net services. The Customer should ensure that this information be kept secure, as the Customer is responsible for all activity performed by these access tokens.

Email

NEFW.net has a zero tolerance policy on SPAM, Junk E-mail or Unsolicited Commercial Email (UCE). NEFW.net will be the sole arbiter as to what constitutes a violation of this provision. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the NEFW.net servers and/or network. Violation of the above terms will result in one or all of the following:
-> A warning from NEFW.net personnel by E-Mail or Telephone.
-> Temporary shutdown of the website/server or a block on outgoing mail
-> Permanent disconnection of service without refund.

Customers causing NEFW.net servers or IP Addresses to be placed on ANY email block lists and/or other mail filtering systems, you will be responsible for any and all costs associated with removing the server or IP address from that list. You agree these costs will include a minimum of $500 USD charge per blocking entity and an hourly charge of 2.5 times the normal consulting rate per hour.

Our mass mailing rules also apply to mailing lists, list servs, or other third party mailing services you may contract with.

Customers give unconditional consent for all email, attachments, and other information transported via NEFW.net's email systems to be scanned or examined for SPAM, viruses and other blocked content. NEFW.net may pass, block, modify, or discard messages at it's sole discretion.

If you have further questions about our mass mailing policy, please send them to help@nefw.net. If you want to report abuse by one of our users, please contact abuse@nefw.net.

Payments, Refunds & Cancellation

The customer understands and accepts that bandwidth and server space use over and above the amount allocated for the customers monthly use will be billed at current NEFW.net rates according to their hosting plan. The customer will remain responsible for paying for any bandwidth and server resources used up to the point of account termination.

Absolutely no refunds, pro-rated or otherwise, will be given to customers who voluntarily cancel their service.

If NEFW.net should deem it necessary to initiate termination of services with you, NEFW.net will provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server.

In no event shall NEFW.net be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from termination of services.

Other Terms

Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. NEFW.net agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will NEFW.net be held liable for any financial or other damages due to such interruptions. In no event shall NEFW.net be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

NEFW.net specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of this policy, non-payment for services, or by request of legal authorities with proper legal documents. All reasonable measures will be made to ensure suspension will only occur for the absolute minimal amount of time required to resolve the issue.

Force Majeure. NEFW.net will not be liable for delays in its performance of this policy or NEFW.net services caused by circumstances beyond NEFW.net's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). NEFW.net will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Indemnification. NEFW.net customers agree to protect, defend, hold harmless, and indemnify NEFW.net, any third party entity related to NEFW.net (including, without limitation, third party vendors), and NEFW.net's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as NEFW.net, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of NEFW.net's services.

Disclaimer. The NEFW.net 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. NEFW.net expressly disclaims any representation or warranty that the NEFW.net service will be error-free, secure or uninterrupted. No oral advice or written information given by NEFW.net, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NEFW.net 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.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL NEFW.net (INCLUDING, WITHOUT LIMITATION, NEFW.NET'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS NEFW.net, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING NEFW.NET'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR NEFW.net SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY NEFW.net SERVICES EVEN IF NEFW.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEFW.NET'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THIS POLICY OR NEFW.NET'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY NEFW.net OR NEFW.NET'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.