This agreement governs your purchase and use of any of the NFXD hosting plans (collectively called “services” or “account/s”), ordered by you, the customer. This Agreement explains the terms and conditions that apply to your purchase and the use of your account with NFXD the server space allocated to you. Before you may use NFXD’s services and create an account with NFXD you must register and accept this Agreement by clicking the Acceptance Checkbox at the end of this Agreement. This Agreement exists to define the agreement between you and NFXD and to ensure that NFXD’s customers are usingServe’s Services with regard to the rights of other internet users and in conformity with the requirements of NFXD’s network environment. All instances of reference to “NFXD” and “NFXD” may be interchanged with “NFX Developments”, where the former is used for easier understanding of this Agreement.
You are required to use your account responsibly. This includes respecting the other customers of NFXD. Subject to the terms and conditions of this agreement, NFXD grants you a non-exclusive, non-transferable, limited license to access, display and use our services, web site, and forum. You shall comply with all copyright laws worldwide in your use of your account prevent unauthorized copying of its contents. Except as provided in this Agreement, NFXD does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
NFXD servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
- materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;
- material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;
- unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others;
- adult-oriented sites, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or provide links to adult content elsewhere. NFXD also prohibits sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable;
- and storage, posting, display, transmission, advertising of or otherwise making available child pornography.
In leasing a NFXD account, all NFXD customers certify that they and/or the organization they represent in procuring services from NFXD are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Usage of Allotted Resources:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the services ordered by customer. NFXD will monitor customer’s bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan’s bandwidth allowances upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the plan’s allowance shall be billed to customer’s account. Upon non-receipt of payment, all exceeded bandwidth shall be debited from the following month’s allocated bandwidth, and further so until all excess bandwidth has been accounted for. Further, if NFXD’s automated system fails to suspend a plan when reaching the plan’s bandwidth allowance, customer agrees be billed for each Gigabyte of bandwidth usage in excess of the plan’s bandwidth allowance. NFXD shall have the right to take corrective action if customer’s disk usage exceeds the agreed usage, including but not limited to deletion of all plan files, termination of this agreement or suspension of all services. Such actions may be taken in NFXD’s sole and absolute discretion.
Usage of Server Resources:
In order to preserve the integrity of NFXD’s services and provide customers with NFXD’s 99.5% uptime guarantee, NFXD must be able to regulate its customers’ use of server resources. Therefore, Customer agrees that customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of NFXD’s servers. NFXD shall define “excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage.Any violation of this policy will result in immediate account termination and imposition of an administrative fee proportional to damages caused. NFXD shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term. NFXD reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision
Mass Emailing Policy:
Each hosting plan is limited to sending no more than 200 emails in any 60 minute period. This policy is necessary to protect the quality of NFXD’s hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive.First violations of this policy will result in an administrative fee proportional to damages caused, and immediate account suspension. To be re-activated, the client must provide a written and signed statement stating “I have read, understood, and agree to NFXD’s Mass Emailing Policy”. Any second violation of this policy will result in immediate account cancellation and imposition of a further administrative fee proportional to damages caused. NFXD shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term. NFXD reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
E-mail Spamming Prohibited:
“Spamming” includes the sending of unsolicited bulk and/or commercial messages over the Internet using NFXD’s services or through another ISP or IPP with a reference to NFXD or a website hosted by NFXD, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on aServe server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a fine and may have their plan(s) terminated or suspended. NFXD reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse:
Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include,without limitation the following:
- 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;
- interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
- distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information;
- any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic;
- interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet;
- any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner;
- any form of avoidance of system restriction; and
- any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords.
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the plans,including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
Violation of this Agreement:
If NFXD becomes aware of any violation or threatened violation of this agreement, NFXD may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to NFXD’s services and equipment or to the Internet, removal of all or a portion of the information stored on NFXD’s servers, suspension of any and/or all services, or termination of this agreement. In the event NFXD is required to suspend services or terminate this agreement, NFXD shall not refund any of the fees paid in advance of such corrective action. In addition, NFXD may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this agreement. You agree that NFXD shall have no liability to you or any of your customers as a result of any corrective action NFXD may take (including, without limitation, termination of services). You are expected to cooperate with NFXD in any corrective or preventive action that NFXD deems necessary.
Service Level Guarantee:
NFXD guarantees a 99.5% up time service level. If you are unable to obtain 99.5% access to your website, NFXD will, on an as-requested basis, issue a pro rated credit to you for future services conditional upon your submission of proof that 99.5% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service. This guarantee shall not apply in the event of Force Majeur (as described below),scheduled maintenance periods, inability to access applications or scripts running on the server or if customer’s account is not in good standing at the time of the outage.
30-Day Money Back Guarantee:
If you are not completely satisfied for any reason within the first 30 days of purchasing a hosting account, you will be given a full refund of the fees paid in advance upon plan cancellation. The 30-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been a customer of NFXD or has been a customer of NFXD for over 30 days. The following services are not covered by the 30-Day Money BackGuarantee and are non-refundable for any reason: additional items and services; domain name registration; plan renewals; plan upgrades; plan term extensions; SSL certificates; and overage fees. To invoke the 30-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the “Termination by Customer” section of this agreement within 30 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE.
Refunds are only available in accordance with the 30-Day Money Back Guarantee. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE NFXD’S 30-DAY MONEY BACK GUARANTEE.
The term of this agreement shall be of the same time span as the longest hosting plan which customer, unless otherwise terminated under this Agreement.The Term shall begin upon commencement of the services to customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement. The Initial Term and all successive renewal periods shall be referred to, collectively, as the”Term”.
Termination by Customer:
NFX Developments clients are not locked into contracts so a cancellation can be submitted at any time as long as there are no invoices outstanding more than 15 days on the account. In order to terminate the account you will need to log into your client area on our website, www.nfxdevelopments.co.za and submit the cancellation from there. If you have any trouble with the termination procedure then please send a request to email@example.com for assistance and the steps will be provided. Attempts to cancel by phone, email, live chat or any other method will be rejected and billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money back guarantee, however if a hosting package has been paid up front all future hosting fees can be credited/refunded. Once the account termination request has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email as soon as the request has been processed.
Knowledge and Expertise:
Use of the Plan(s) requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Plan, you or your webmaster represent that you have the knowledge necessary to maintain your web site. NFXD will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Plan(s).
Customer shall direct all communications through our ticket system, forum, telephone, live support, or e-mail. All relevant details are provided on our main site.
Ownership of Website:
You have previously developed, planned and created source and object code for purposes of creating an operational Web site (collectively, the “Website”).The Website is owned exclusively by you or your agents. In the event a dispute arises over ownership of your web sites and/or the Plan established with NFXD,you agree to fully comply with any and all of NFXD’s security measures. /p>
Shared Internet Protocol (IP) Address Ownership:
During the Term of this Agreement, NFXD will provide you with a restricted license to use a shared Internet Protocol (“IP”) address. You may use the IP address only as provided by NFXD. NFXD shall maintain and control ownership of all IP numbers and addresses that may be assigned to the customer by NFXD, and NFXD reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion.
Advertising & Marketing:
You agree that during the term of this Agreement NFXD may publicly refer to you, orally and in writing, as a customer of NFXD. Any other public reference requires your written consent.
Warranties and Representations:
You warrant and represent to NFXD that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3)you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation,your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
Disclaimers and Limitations:
You expressly agree that the use of Services or any information provided by NFXD is at your sole risk. Neither NFXD, nor its affiliates, nor any of its officers,directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does NFXD make any warranty as to the results that may be obtained from the use of the Services.
THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” BASIS. NFXD AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities:
YOU AGREE THAT NEITHER NFXD NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHER WISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL NFXD OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT,, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES,MATERIALS, CONTENT OR INFORMATION PROVIDED BY NFXD OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON NFXD’S SITES, YOUR USE OF, OR INABILITY TO USE NFXD’S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER NFXD OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, NFXD’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement.
Customer shall defend, indemnify and hold harmless NFXD, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Indemnities”), from and against any and all losses, damages,costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer’s information stored on NFXD’s servers, the Customer’s web site or an end user’s use ofthe such information or the Customer’s web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule,regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer’s information or the use in connection with services, software or information not provided by NFXD, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure ofCustomer’s information or any aspect of the Customer web site to be compatible with the hardware or software used by NFXD to provide the Services,including any damage to NFXD’s servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement.
NFXD may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on NFXD’s system in order to abide by any applicable laws, lawful governmental requests, to protect NFXD’s systems and customers, or to provide and protect the quality, functionality, and integrity of NFXD’s business and equipment.
Compliance with Law:
You agree that when using the Services you shall comply with all applicable laws and regulations. You shall not use the Plan(s) or the Services in any way that violates US export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce’s Table of Denial Orders.
In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties.
Copyright or Trademark Infringement:
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All NFXD customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a NFXD customer (per the DMCA) to NFXD must follow the below procedures. Copyright infringement notifications submitted to NFXD according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at NFXD’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for NFXD to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of NFXD. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. NFXD may assign its rights and obligations under this Agreement, and may engage subcontractors or agents to perform its duties and exercise its rights hereunder, without the consent of Customer. ThisAgreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
No Third-Party Beneficiaries:
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights,legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Minimum Age Requirement:
NFXD customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this Agreement in order for the Minor to become a NFXD customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for NFXD services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains NFXD’s express written consent to the contrary.
NFXD will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond NFXD’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”).NFXD 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.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between NFXD and its customers. Each of NFXD and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation:
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of thisAgreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or NFXD, the term sand conditions of this Agreement shall control unless otherwise set forth in this Agreement.
NFXD may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at anytime, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. NFXD does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of NFXD’s Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
If you believe that another customer has violated this Agreement, please send communication to NFXD via our helpdesk at firstname.lastname@example.org