NoWares Hosting - Terms Of Service

NoWares Hosting Services are committed to providing services at a standard of excellence commensurate with the best practice in the industry. Network up-time and server availability are of the highest importance.

 

Nevertheless, all customers must understand and agreed to our TOS. Purchase of one of our hosting plans is considered to be acceptance of this policy. Please note that this TOS is subjected to change and it is Customer's responsibility to regularly check for modifications. (Customers, users, and visitors are referred collectively as Customer.)

 

This Acceptable Use Policy specifies the actions prohibited by NoWares Hosting, and the policies governing the use of our service. NoWares Hosting Services reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this webpage. Use of NoWares Hosting Services are conditional upon acceptance of Acceptable Use Policy (AUP).

Abuse, Violations & Strictly Prohibited

Abuse and violations of system or network security are prohibited, and may result in suspension, cancellation or criminal and civil liability. Any violation of the NoWares Hosting Services AUP is grounds for immediate cancellation of your account with no access to backups or refund of any monies paid on the first offense with no warning. Examples of system or network abuse or security violations include, without limitation, the following:

1. Hacking.

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

2. Monitoring

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

3. Interference

Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

4. Header Forging

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

5. Offensive Material.

Use of services offered by NoWares Hosting, to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

6. Fraud.

Use of NoWares Hosting Services to commit fraud which including and not limited to, fake investment websites, speculation websites, fake banks and investment institution.

7. Virus Distribution

Use of NoWares Hosting Services to distribute Virus or any other forms of data which can cause considerable harms to any network.

8. Terrorism Activities

Use of NoWares Hosting Services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.

9. System Resources Overload

Overload policies are designed to protect the rights of other customers on the same server. System Resources Overload is defined as any overload of NoWares Hosting Services until the system performance, or other customers' business, is affected, included and not limited to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
NoWares Hosting Services will do it's best to warn the customer who is causing such an overload, but to protect other customer's accounts reserves the right to suspend or cancel the service immediately on the discovery of such violation.
A user may not:

• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc, unless on a VPS or dedicated server.
• Run cron entries with intervals of less than 15 minutes

10. Backups and Data Loss

NoWares Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data and to maintain all appropriate backup of files and data stored on our servers. All customers are responsible solely for any backups done of their accounts. In case of a Lose of Data ( HDD Crash, etc), NoWares Hosting Services will not be responsible for provision of backups. It is hence, strictly advised, that everyone backs up their files on a daily to weekly basis.

11. Innodes

The use of more than 10,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 10,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode. Simply exceeding the limit does not constitute grounds for suspension. However accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

12. File Storage

Shared hosting accounts may not be used for file storage of any type.

13. Site Migrations

Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host and each control panel is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host. In addition, our transfer services are for data only, we do not offer script configuration after the move. Naturally, if we are moving scripts, configuration of them post-move will be your responsibility.

14. DOS, DDoS, Syn-Flood, and Other Similar Attacks

Evoswitch DDoS Protection and Policy: We monitor all traffic (in&out) via cisco netflow. A flow is defined as IP traffic with the same source IP, destination IP, source port and destination port. hen a destination IP address in our network receives more than 35.000 flows/sec we automatically blackhole that IP address for a certain time. The first time an IP address is targeted we blackhole the IP address for one hour, every subsequent attack (within 24hours) that time is doubled. However, it is not always possible to apply these methods when complex DDos attacks take place.

 

Due to the very nature of shared hosting, where all customers must only have "fair CPU usage", System attacks are taken very seriously for shared hosting customers at NoWares Hosting. Shared hosting accounts that come under DDoS attack have their owners notified via their contact email address on file, and put on probation for 30 days. If the account receives another attack within that 30 day period, the customer only has one option: Their account at NoWares Hosting is terminated with no direct refund (Use our Ticket System to discuss for a Refund possibility)

15. Spam (UNSOLICITED EMAIL)

Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the NoWares network, nor to collect responses from UCE or Spam regardless of whether sent over the NoWares network.

Do not send more than one hundred (100) unsolicited e-mails during any twenty-four (24) hours period.

Do not violate the CAN-SPAM Act of 2003.

Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant.

Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant.

Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited.

16. Zero-Tolerance SPAM Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers.

Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. NoWares Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. NoWares Hosting 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 entirely at the discretion of HostGator.

17. Child Pornography

Customer is responsible for any misuse of account, even if the inappropriate activity was committed by a friend, family member, guest or employee.

18. Hosting on a non-Reseller Account

No customer may sell, rent, or in any way barter any portion of their Shared hosting package for business purposes unless they are listed as a Reseller with NoWares Hosting Services and have purchased a Reseller hosting package. No customer may run a hosting business/website of any type on the NoWares Hosting Services that are not directly reselling NoWares Hosting through one of NoWares' reseller programs or hosting packages.

19. Support Ticket Abuse

Support Ticket Abuse. All initial support ticket inquiries must contain the following:

• A full description of the problem - "My FTP doesn't work!" is not acceptable,
• Tracer and ping reports on any issue that is connectivity related,
• Screenshots and program logs where available,
• Software used, including version numbers.
• Any changes done by the owners on their accounts or files in the last 24 hours before the problem arose.

Customers will also maintain a civil attitude towards staff members during the ticketing process: respect breeds respect. No customer may file another ticket about the same issue (whether on the existing ticket or another ticket) within a 60 minute period of the initial opening of the ticket. This means that you will receive an initial answer to your problem in 1 hour or less. Also, no customer may exceed more than 10 support ticket responses in a 24 hour period. Filing more than 4 support tickets in a 24 hour period is also a TOS violation. Any violation of this rule is considered Support Ticket Abuse and is subject to either the customer waiting 24 hours until their next response, or complete account cancellation, with no refund due, upon repeated offenses.

Investigation & Cancellation of Services

NoWares Hosting Services reserve the right to disable service or terminate service and /or to remove content in order to investigate suspected violations of this AUP. NoWares Hosting Services at its best effort will notified any customers of any violation so that the customer can investigate the case and provide the necessary explanation or solution. If there is no reply from customer within the mentioned period, NoWares Hosting Services will have no choice but to suspend the services to avoid more harm. In some critical cases, NoWares Hosting reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning. If NoWares Hosting feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. NoWares Hosting Services does not issue refunds for terminating service due to any of the causes specified above.

Reporting AUP Violations

Please email to

Monitoring & Disclaimer

Nowares Hosting Has No Obligation To Monitor Its Services And Will Not Disclose Information Regarding Use Of The Services For Any Reason. Nowares Hosting Is Committed To Protect The Customers Data. Nowares Hosting Services Have No Liability Whatsoever For Any Claims, Losses, Actions, Damages, Suits, Or Proceedings Resulting From:

• Other Nowares Hosting Services Customers Or Third Parties Accessing Customer's Data Or Assigned Computers;
• Ssecrity Breaches;
• Eavesdropping;
• Denial Of Service Attacks;
• Interception Of Traffic Sent Or Receivec Using Nowares Hosting Services' SServices;
• Customer's Reliance On Or Use Of The Service;
• Mistakes, Omissions, Interruptions, Deletions Of Files, Errors, Defects, Delays In Operation, Or Other Failures Of Performance Of The Service;
• The Accuracy, Completeness, And Usefulness Of The Service; Or
• Loss Of Data Or Loss Of Access To Data.

Nowares Hosting Services Limitations And Exclusions Of Liability Apply Equally To Nowares Hosting Services Officers, Employees, Agents, Contractors, Representatives, Suppliers, Subsidiaries, Parents, And Affiliated Companies.