These are the terms and conditions for use of the Internet services provided by AmeriNOC.com. By purchasing services and by clicking through the order form to completion you are manifesting asset to the terms and conditions and you agree to be bound to them (from AmeriNOC.com, you (Customer) agree to abide by these terms and conditions). We reserve the right to change this agreement at any time without notice.
1. Lawful Use - You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customer is not permitted to post any material that is illegal, libelous, tortuous, violates hate crime laws or is likely to result in retaliation against AmeriNOC.com. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service. Adult content is allowed so long as it is legal in the USA and the State of California and so long as you have rights to the content through direct production or under secondary promotional or affiliate agreements. This would apply to content and it's use on the internet in general.
1.1. Shared Hosting Usage Terms - Our shared hosting plan utililizes CloudLinux technology. If your account should consume more than 25% of the CPU, Memory or Disc I/O resources at any given time your site will begin to be restricted to prevent other sites on the server from being effected. This technology also allows us to quickly know what site is using heavier resources so we can determine what the cause is and help advise the client what may need to be fixed or to decide if they need to upgrade their account to a private VPS or Dedicated plan if their site(s) are continuing to grow. Our goal is not to penalize or shut down any one site or account, but rather to protect all users and sites hosted in a shared environment.
2. Data & Backup - While we do back up our system files and client files for our managed Shared, Reseller and MVPS plans, we do not back up files uploaded by our Dedicated and unmanaged VPS clients unless they subscribe to our remote backup service. This means that if you upload web pages or other personal files to our Dedicated or VPS plans and do not susbcribe to our remote backup service, then you are responsible to keep a backup of your own files. Customer agrees that AmeriNOC.com has the right to delete all data, files, or other information that is stored on AmeriNOC.com's computers upon termination of services, or cancellation of account due to non-payment.
3. Unsolicited Advertising - Unsolicited advertising (spam) via E-mail or newsgroups is prohibited and shall result in immediate account suspension if we receive complaints. If the problem persists after warning the client the account will be subject to termination. "Spamming", including (but not limited to) mass-E-mailing, cross-posting, or otherwise causing abuse to others on the net is prohibited and will be grounds for account dismissal. Any actions construed to be negligent, malicious, or a denial-of-service attack is strictly prohibited.
4. Billing Policy - Five days prior to your due date, AmeriNOC.com will e-mail your invoice to the e-mail billing address listed in the client portal profile. Customer is responsible for keeping the billing e-mail address current. Payments are due on the due date listed on the invoice. A grace period of 10 days is extended as a courtesy and three reminder emails are sent out before the account is suspended on the 11 th day past due. Each and every payment is considered a material term to this agreement and binding for the term paid. We currently accept payment by credit card (Visa, Mastercard, Amex Discover), Paypal, OKPay, Payza, Paxum, Bitcoin and by Bank Wire Transfer. Any unpaid accounts will be suspended at 9 AM PST on the 11th day past due and are subject to a 2% late fee, with the minimum late fee not to be less than $1.00. Any late payments could result in discontinuation of service and nullification of this agreement at our discretion. After 90 days past the original due date accounts are subject to automatic termination and any backups that may have been included with the service shall be deleted as well. Recurring payments are setup for customers convienance for credit card payments by default. Payments to Credit Cards will be charged as "AmeriNOC.com". Any account using twice as much transfer as its plan allows for will be required to upgrade plan and pay overages upon receipt.
Dedicated Server Billing
5. Account Security - Customer is expected to keep all passwords secret. Passwords allow access to your private messages and billing information. If AmeriNOC.com believes a Customer's password has been compromised, we reserve the right to change the Customer's password without notice.
6. Domain Names - Customer is responsible for registering Domain Names with the registrar of their choice based on InterNIC guidelines. Domain names can be registered online during checkout through AmeriNOC or directly at https://www.amerinoc.com/clients/domainchecker.php. Additionally, client may register domains at any Registrar of their choosing or authorized 3rd party reseller and point the DNS to our Name Servers.
7. IP Addresses - Customer will be assigned IP addresses by AmeriNOC.com, and shall return to AmeriNOC.com the rights to same when service is discontinued
8. Assignment or Transfer - Customer shall not assign or transfer the rights or obligations associated with this assignment, in whole or in part, without AmeriNOC.com's written consent.
9. Cancellation - Customer or AmeriNOC.com may cancel this agreement at any time with 30-day written notice prior to the next renewal date for the payment cycle chosen by the client. AmeriNOC.com reserves the right to terminate or refuse service to anyone. Falsification of contact information is grounds for immediate termination.
10. Price Adjustments - Customer will have 30 days from notification of price increases to cancel affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
11. Limitations of Warranty and Assumption of Risk - Customer uses AmeriNOC.com's services at Customer's own risk. AmeriNOC.com makes no warranty, expressed or implied. AmeriNOC.com shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. AmeriNOC.com shall not be liable for claims of damages made by any third party for any cause whatsoever. AmeriNOC disclaims any and all implied warranties regarding the products, including any warranty of merchantability or fitness for a particular purpose. AmeriNOC provides a network uptime policy of 99.9% over the course of each month. This network policy does not pertain to unforeseen hardware failures, server migrations, configuration errors, script installations, OS upgrades or any server maintenance that may be required. AmeriNOC pledges that in the case of server and and network hardware failures our best effort policy to replace damaged hardware as quickly as possible is always in effect to return client service back to normal operation levels.
12. Hold Harmless - Customer will indemnify and hold AmeriNOC.com harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses, attorney fees or liability resulting from any damage to Customer's business, service, equipment, network, operations, or reputation resulting from AmeriNOC.com's actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
13. Arbitration - If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any abatable dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to award costs and reasonable attorney fees to the prevailing party.
14. DMCA Policy/Copyright Infringement Notification - To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, AmeriNOC will respond in a reasonable time frame to claims of copyright infringement committed by someone using the AmeriNOC service that are reported to us using a proper DMCA Notice. Upon receipt of Notice as described above, AmeriNOC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services and/or termination of the AmeriNOC user's account.
15. By accepting these terms and conditions you represent that you are providing AmeriNOC with accurate and truthful information; that you will up date any registration information as is necessary to keep it accurate and truthful, and you represent that you are at least 18 years of age and legally able to enter into contracts.
By accepting these terms and conditions you agree to have all disputes between the parties heard in the State of California, using California State Law, with venue in the County of San Diego, State of California.
This is the entire agreement between the parties and supersedes any and all prior written or verbal agreements that may have existed.
These terms and conditions were last updated on 05/020/2015. If you have any questions regarding these terms, please contact AmeriNOC Support