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TERMS OF SERVICE (TOS)
*All Payments To NeoCurve.com Are
Non-Refundable*
Introduction:
NeoCurve.com LLC ("The Company") agrees to
furnish services to the Subscriber, subject to
the following TOS (Terms of Service).
Use of NeoCurve.com Hosting Service constitutes
acceptance and agreement to NeoCurve.com's AUP
as well as NeoCurve.com's TOS (Terms of
Service).
All provisions of this contract are subject to
the TOS (Terms of Service) of NeoCurve.com LLC
and AUP (Acceptable Use Policy). The AUP may be
changed from time to time at the discretion of
the Company. Subscriber understands that change
to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all
respects in accordance with the laws of the
state of New York, county of Orange applicable
to contracts enforceable in that state. Venue
will be Orange County, New York
Disclosure to Law
Enforcement:
The AUP specifically prohibits the use of our
service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose
any and all subscriber information including
assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes
a written request without further consent or
notification to the Subscriber. In addition
NeoCurve.com shall have the right to terminate
all service set forth in this Agreement.
Service Rates:
Subscriber acknowledges that the nature of the
service furnished and the initial rates and
charges have been communicated to Subscriber.
Subscriber is aware that the Company may
prospectively change the specified rates and
charges from time to time. The promotional offer
is contingent upon Company achieving and
maintaining its cost of service goals including
but not limited to rates charged to company by
its suppliers.
Payment:
Establishment of this service is dependent upon
receipt by the Company of payment of stated
charges. Subsequent payments are due on the
anniversary date of the year for that year's
service.
Payments and Fees:
All invoices are due 30 days from invoice date.
Credit cards that are declined for any reason
are subject to a $1.00 declination fee. Service
will be interrupted on accounts that reach 90
days past due. Service interrupted for
nonpayment is subject to a $200 reconnect
charge. Accounts not paid by due date are
subject to a 1%/month late fee. Accounts that are
not collectable by NeoCurve, LLC may be turned
over to an outside collection agency for
collection. If your account is turned over for
collection, you agree to pay the company a
"Processing and Collection" Fee of not less than
$50 nor more than $150. If you desire to cancel
your account, please follow the proper procedure
to do this as outlined in this TOS.
Refund and Disputes:
All payments to NeoCurve.com LLC are
nonrefundable. This includes the one time setup
fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be
reported within 60 days of the time the dispute
occurred. If you dispute a charge to your credit
card issuer that, in NeoCurve.com's sole
discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to
pay NeoCurve.com an "Administrative Fee" of not
less than $50 and not more than $150.
Failure to Pay:
The Company may temporarily deny service or
terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such
termination or denial will not relieve
Subscriber of responsibility for the payment of
all accrued charges, plus reasonable interest
and any collection fees.
Account Cancellation:
Requests for canceling accounts may be made in
writing with at least 30 days notice but not
more than 60 days prior written notice and sent
to:
NeoCurve.com
Attn:
Cancellations
PO Box 471
New Hampton, NY
10958-0471
Or you may call 845.412.5073. You must have all
account information to cancel.
Subscriber Acknowledgement:
Subscriber acknowledges that the service
provided is of such a nature that service can be
interrupted for many reasons other than the
negligence of the company and that damages
resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for
any damages arising from such causes beyond the
direct and exclusive control of the company.
Subscriber further acknowledges that the
company's liability for its own negligence may
not in any event exceed an amount equivalent to
charges payable by subscriber for services
during the period damages occurred. In no event
shall the company be liable for any special or
consequential damages, loss or injury.
New Domain Accounts:
All new web hosting accounts involving new
domains will be set up and entered into our DNS
servers within 3 to 5 business days. Due to
unforeseen complications, however, this process
may sometimes require up to 7 business days. If
the new domain is registered by the account
holder, there will be no handling fee. If the
domain is registered by NeoCurve.com LLC on
behalf of the account holder a handling fee will
be incurred.
Transfer of Domains:
New web hosting accounts which involve the
transfer of a domain from another provider to
NeoCurve.com LLC, will require a minimum of
seven (7) days to be set up and entered into our
DNS servers. In some cases, such transfers may
take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time
a specific transfer may take. If the transfer of
the domain is done by NeoCurve.com LLC on behalf
of the account holder a handling fee will be
incurred. If the customer cancels service during
the transfer period for any reason, all charges
are considered earned. The client is the
owner of their domains, NeoCurve.com LLC is simply
holding the domain so that in the event of an
emergency we can deal with the issue quickly and
maintain the terms of our SLA.
Domains that are being held by NeoCurve.com LLC can
be transfered back to the client upon request. The
process to transfer a domain back to a client is
simple. Instructions for transfers to and from our
domain registrar can be found here.
Support Boundaries:
NeoCurve.com, provides 24 x 7 technical support
to our subscribers (except for few holidays and
short company meetings when we close our
center.) We limit our technical support to our
area of expertise. The following is our
guidelines when providing support: NeoCurve.com
provides support related to your server or
virtual site physical functioning. NeoCurve.com
does not offer tech support for application
specific issues such as cgi programming, html or
any other such issue. NeoCurve.com does not
provide technical support for YOUR customers. If
you can email, we encourage you to email
support@NeoCurve.com for assistance. If you are
able to get online and have other questions, the
answers may be on our support page at
http://support.neocurve.com/ - we encourage
you to check there first. Lastly, the Help files
in the program you are using may have the answer
to your question so please do investigate these
resources before calling tech support.
Web and Software
Development:
Scope of Work:
NeoCurve.com will
provide work in several areas, as defined below.
However, in all areas NeoCurve.com reserves the
right to determine whether client requests are
outside of the scope of the project.
Requirements
Analysis:
NeoCurve.com will
work with the client to determine the project
requirements. It is in this phase that the
client is responsible for helping to establish
specific, measurable project goals. Once
NeoCurve.com and the customer agree that this
phase is complete, the addition or rejection of
any additional client requests and requirements
are to be made solely at the discretion of
NeoCurve.com.
Design:
During the design
phase, NeoCurve.com may approach the client for
feedback.
Implementation:
The
implementation phase may be subdivided into
several stages and billed at each stage, at the
discretion of NeoCurve.com. During this phase,
NeoCurve.com will make every effort to confirm
with the client that the implementation meets
the project requirements.
Post-Development Maintenance:
NeoCurve.com is
willing to provide modifications to customer
deliverables at a rate of $125 USD per hour. At
its discretion, NeoCurve.com may deem the
modifications to constitute development, and
choose to instead submit a new development
proposal. Rates involved in development
proposals may differ from the standard
development rate.
SPAM and Unsolicited
Commercial Email (UCE):
NeoCurve.com takes a zero tolerance approach to
the sending of Unsolicited Commercial Email
(UCE) or SPAM over our network. Very simply this
means that customers of NeoCurve.com may not use
or permit others to use our network to transact
in UCE. Customers of NeoCurve.com may not host,
or permit hosting of, sites or information that
is advertised by UCE from other networks.
Violations of this policy carry severe
penalties, including termination of service.
Violation of
NeoCurve.com's SPAM policy will result in severe
penalties. Upon notification of an alleged
violation of our SPAM policy, NeoCurve.com will
initiate an immediate investigation (within 48
hours of notification). During the
investigation, NeoCurve.com may restrict
customer access to the network to prevent
further violations. If a customer is found to be
in violation of our SPAM policy, NeoCurve.com
may, at its sole discretion, restrict, suspend
or terminate customer's account. Further,
NeoCurve.com reserves the right to pursue civil
remedies for any costs associated with the
investigation of a substantiated policy
violation. NeoCurve.com will notify law
enforcement officials if the violation is
believed to be a criminal offense.
First violations
of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed
for possible immediate termination. A second
violation will result in an "Administrative Fee"
of $500 and immediate termination of your
account. Users who violate this policy agree
that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to
exceed $175 per hour that NeoCurve.com personnel
must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
As our Customers
are ultimately responsible for the actions of
their clients over the NeoCurve.com network, it
is advisable that Customers develop a similar,
or stricter, policy for their clients.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone
hosting websites or services on their server
that support spammers or cause any of our IP
space to be listed in any of the various Spam
Databases will have their server immediately
removed from our network. The server will not be
reconnected until such time that you agree to
remove ANY and ALL traces of the offending
material immediately upon reconnection and agree
to allow us access to the server to confirm that
all material has been COMPLETELY removed. Severe
violations may result in immediate and permanent
removal of the server from our network without
notice to the customer. Any server guilty of a
second violation WILL be immediately and
permanently removed from our network without
notice.
Network:
IP Address
Ownership:
If NeoCurve.com
assigns Customer an Internet Protocol address
for Customer's use, the right to use that
Internet Protocol address shall belong only to
NeoCurve.com, and Customer shall have no right
to use that Internet Protocol address except as
permitted by NeoCurve.com in its sole discretion
in connection with the Services, during the term
of this Agreement. NeoCurve.com shall maintain
and control ownership of all Internet Protocol
numbers and addresses that may be assigned to
Customer by NeoCurve.com, and NeoCurve.com
reserves the right to change or remove any and
all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by
ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual
hosts will not be accepted as justification for
new IP addresses. What this means to you is that
you MUST use name-based hosting where possible.
We will periodically review IP address usage,
and if we find that clients are using IP
addresses where name-based hosting could be
used, we will revoke authorization to use those
IP addresses that could be used with name-based
hosting.
Bandwidth and
Disk Usage:
Customer agrees
that bandwidth and disk usage shall not exceed
the number of megabytes per month for the
Services ordered by Customer on the Order Form
(the "Agreed Usage"). NeoCurve.com will monitor
Customer's bandwidth and disk usage.
NeoCurve.com shall have the right to take
corrective action if Customer's bandwidth or
disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of
additional charges, disconnection or
discontinuance of any and all Services, or
termination of this Agreement, which actions may
be taken is in NeoCurve.com's sole and absolute
discretion. If NeoCurve.com takes any corrective
action under this section, Customer shall not be
entitled to a refund of any fees paid in advance
prior to such action. In the event that a
customer exceeds the included allocation,
NeoCurve.com may, at its sole discretion,
collect a deposit, in an amount determined by
NeoCurve.com, against customer's credit card on
file with NeoCurve.com.
System and
Network Security:
Users are
prohibited from violating or attempting to
violate the security of the NeoCurve.com
Network. Violations of system or network
security may result in civil or criminal
liability. NeoCurve.com will investigate
occurrences, which may involve such violations
and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who
are involved in such violations. These
violations include, without limitation:
Accessing data
not intended for such User or logging into a
server or account, which such User is not
authorized to access.
Attempting to
probe, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without proper
authorization.
Attempting to
interfere with service to any user, host or
network, including, without limitation, via
means of overloading, "flooding", "mail bombing"
or "crashing".
Forging any
TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any action
in order to obtain services to which such User
is not entitled.
Notification of Violation:
NeoCurve.com is under no duty to look at each
customer's or user's activities to determine if
a violation of the AUP has occurred, nor do we
assume any responsibility through our AUP to
monitor or police Internet-related activities.
First violation: Any User, which NeoCurve.com
determines to have violated any element of this
Acceptable Use Policy, shall receive an email,
warning them of the violation. The service may
be subject at NeoCurve.com's discretion to a
temporary suspension pending a User's agreement
in writing, to refrain from any further
violations.
Second Violation: Users that NeoCurve.com
determines to have committed a second violation
of any element of this Acceptable Use Policy
shall be subject to immediate suspension or
termination of service without further notice.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service
complaints if it is clear that the offending
activity is causing great harm to parties on the
Internet. In particular, if open relays are on
your network or a customer's network, or if
denial of service attacks are originating from
your network. In certain rare cases, we may have
to do this before attempting to contact you. If
we do this, we will contact you as soon as is
feasible.
Suspension of Service or
Cancellation:
NeoCurve.com reserves the right to suspend
network access to any customer if in the
judgment of the NeoCurve.com network
administrators the customer's server is the
source or target of the violation of any of the
other terms of the AUP or for any other reason
which NeoCurve.com chooses. If inappropriate
activity is detected, all accounts of the
Customer in question will be deactivated until
an investigation is complete. Prior notification
to the Customer is not assured. In extreme
cases, law enforcement will be contacted
regarding the activity. The customer will not be
credited for the time the customer's machines
were suspended.
Change Policy and
Subnetwork Adherence:
NeoCurve.com reserves the right to amend its
policies at any time. All Sub-Networks,
resellers and managed servers of NeoCurve.com
must adhere to the above policies. Failure to
follow any term or condition will be grounds for
immediate Cancellation. You will be held
responsible for the actions of your clients in
the matter described on these Terms and
conditions. Therefore, it is in your best
interest to implement a similar or stricter
Terms and conditions or otherwise called
Acceptable Terms of use policy.
Indemnification:
NeoCurve.com wishes to emphasize that in
agreeing to the NeoCurve.com Acceptable Use
Policy (AUP) and Terms of Service (TOS),
customer indemnifies NeoCurve.com for any
violation of the Acceptable Use Policy (AUP) and
Terms of Service (TOS) that results in loss to
NeoCurve.com or the bringing of any claim
against NeoCurve.com by any third-party. This
means that if NeoCurve.com is sued because of a
customer's or a customer of a customer's
activity, the customer will pay any damages
awarded against NeoCurve.com, plus all costs and
attorney's fees.
Miscellaneous Provisions:
You must provide us with, and keep current, good
contact information for you. E-mail, fax, and
telephone contacts are used, in that order of
preference.
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall
not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of
any breach of any other provision thereof.
Subscriber shall not transfer or assign this
Agreement without the prior written consent of
the Company. Company may assign Agreement at
anytime without consent from or notice to
Subscriber. Company reserves right to cancel
customers rights under this contract at anytime
without further obligation.
NeoCurve.com takes no responsibility for any
material input by others and not posted to the
NeoCurve.com Network by NeoCurve.com.
NeoCurve.com is not responsible for the content
of any other websites linked to the NeoCurve.com
Network; links are provided as Internet
navigation tools only. NeoCurve.com disclaims
any responsibility for any such inappropriate
use and any liability to any person or party for
any other person or party's violation of this
policy.
NeoCurve.com is not responsible for any damages
your business may suffer. NeoCurve.com does not
make implied or written warranties for any of
our services. NeoCurve.com denies any warranty
or merchantability for a specific purpose. This
includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all
service interruptions caused by NeoCurve.com.
It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate
cancellation without refund.
Responsibility for Content:
You, as NeoCurve.com's customer, are solely
responsible for the content stored on and served
by your NeoCurve.com server.
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