Terms of Service
The use of services from Naples Webmasters constitutes agreement to these terms.
1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
All services provided by Naples Webmasters.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Naples Webmasters.com from any claims resulting from the use of our services.
Examples of unacceptable material:
- Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
- Mailbombers or any sort of spam sites
- IRC Bots
- Warez Sites
- Hate Sites
- Roms / Emulators
- Pirated Software
- Hack programs and archives
- Malicious Scripts
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.
Naples Webmasters.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Naples Webmasters.com also reserves the right to make any such modifications in an emergency at our sole discretion.
Naples Webmasters.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Naples Webmasters.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received from Naples Webmasters.com, in advance of the time period during which such services are provided. You agree that until and unless you notify Naples Webmasters.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Naples Webmasters.com reserves the right to change the recurring payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Naples Webmasters.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Naples Webmasters.com servers.
6.) Cancellation and Refunds
Naples Webmasters.com reserves the right to cancel the account at any time.
Customers may cancel at any time. Naples Webmasters does not provide refunds for any services. Payment made for domain registration and dedicated servers will not be refunded, domain name can be transferred to client.
This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation.
7.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
8.) Price Change
Naples Webmasters.com reserve the right to change prices listed on Naples Webmasters.com, and the right to change the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Naples Webmasters.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Naples Webmasters.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Naples Webmasters.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Naples Webmasters.com; (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 customers from Naples Webmasters.com’s server.
10.) Uptime Guarantee
Naples Webmasters strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Naples Webmasters monitoring systems or Naples Webmasters authorized/contracted outside monitoring services. If Naples Webmasters fails to meet it’s 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Naples Webmasters does not credit a full month’s service for minor downtime. This would not be financially healthy for Naples Webmasters, and in turn would only negatively affect the service level Naples Webmasters provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, Naples Webmasters may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Naples Webmasters network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie…Verizon™ cutting a fiber line somewhere)
- Backbone peering point issues (ie…UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Naples Webmasters utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of Naples Webmasters
- Network floods, hacks, attacks from outside parties or individuals
- Failure or error of any Naples Webmasters monitoring or measurement system
- Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Naples Webmasters service(s) in breach of Naples Webmasters Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Naples Webmasters.com will not be responsible for any damages your business may suffer. Naples Webmasters.com makes no warranties of any kind, expressed or implied for services we provide. Naples Webmasters.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Naples Webmasters.com and its employees.
12.) Hosting Fees
Hosting fees will be paid on time by client. Naples Webmasters accepts MasterCard, Visa and Discover Credit/Debit Cards, Check or Money Order (Check or money order for yearly plans only). Naples Webmasters sends the following email notices for those not on the auto bill option or if credit card becomes invalid or Paypal subscription is cancelled. Regardless of whether or not the customer receives the email notices, the customer is still responsible for paying their hosting fees.
1st notice on due date. There is a stipulation. If you are using a credit card, you will be billed automatically on the due date.
2nd reminder notice letting client know that hosting payment is 5 days past due. This gives the client the opportunity to make any changes to their billing account if necessary.
On the 15th day accounts with unpaid balances will be suspended.
13.) U.S. Copyrights
Clients hosted on Naples Webmasters’s servers are not allowed to post, reproduce or use copyrighted materials on their website without express written permission from the copyright holder. The use of copyrighted materials without permission from the copyright holder is a violation of U.S. copyright laws. Any client hosted at Naples Webmasters who has been proven by a court of law that they have violated U.S. copyright laws will be given a notice of termination and removed from our servers immediately if they do not comply with the removal of all proven copyrighted materials. This includes but is not limited to written content and/or images. Naples Webmasters shall not be held liable for any direct, indirect, incidental, consequential or punitive damages resulting from client’s unlawful use of such copyrighted materials.
14.) Changes to the TOS
Naples Webmasters.com reserves the right to revise its policies at any time without notice.