These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
General Terms of Service
Whereas, NannyPress Web Hosting is an information provider connected to the Internet NannyPress Web Hosting offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize NannyPress Web Hosting’s server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, NannyPress Web Hosting can make no guarantee that any given reader shall be able to access NannyPress Web Hosting’s server at any given time.
NannyPress Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
Customer agrees to a one (1) year contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
If the customer wishes to cancel NannyPress shared Web Hosting services within four-teen (14) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing. After the first 14 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
Violations of the NannyPress Terms of Service, Acceptable Use Policy, or Spam Policy may, at NannyPress’s discretion, result in immediate and permanent disablement without refund.
NannyPress will use commercially reasonable efforts to make servers available 99.9% of the time during each monthly billing cycle. If NannyPress is unable to meet this service level, you will be eligible to receive a credit to apply to future NannyPress billing cycles based upon the Unavailability for that month.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
NannyPress guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein. Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in NannyPress systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer. Customer will receive NannyPress credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee. NannyPress’s assessment of downtime begins when Customer opens a support ticket to report the problem.
Trademarks & Copyrights
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
NannyPress Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or NannyPress Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Hardware, Equipment, & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access NannyPress Web Hosting. NannyPress Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the NannyPress Web Hosting service.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. NannyPress Web Hosting will accept termination by electronic mail. Notwithstanding the above, NannyPress Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. NannyPress Web Hosting reserves the right to charge a reinstatement fee.
Customer will provide NannyPress Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of NannyPress Web Hosting. NannyPress Web Hosting shall make no effort to validate this information for content, correctness or usability.
The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of NannyPress Web Hosting to provide this knowledge or Customer Support outside of the defined service of NannyPress Web Hosting.
NannyPress Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
NannyPress Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to NannyPress’s customers, servers, or network.
NannyPress Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. NannyPress Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of NannyPress Web Hosting is at the Customer’s own risk, and NannyPress Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with NannyPress’s services represents the maximum achievable speed. NannyPress does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). NannyPress Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
NannyPress Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, NannyPress Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on NannyPress Web Hosting’s Server. NannyPress Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of NannyPress Web Hosting. If the Customer fails to modify the material, as directed by NannyPress Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Customer agrees that it shall defend, indemnify, save and hold NannyPress Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against NannyPress Web Hosting, its agents, its customers, servants 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 NannyPress Web Hosting against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with NannyPress Web Hosting’s Server;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
any defective product which Customer sold on NannyPress Web Hosting Server.
Customer expressly agrees that use of NannyPress Web Hosting’s Server is at Customer’s sole risk. Neither NannyPress Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that NannyPress Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the NannyPress Web Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall NannyPress Web Hosting, its offices, agents or any one else involved in creating, producing or distributing NannyPress Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the NannyPress Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to NannyPress Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on NannyPress Web Hosting’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Prohibited content & activites
Customer may only use NannyPress Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on NannyPress Web Hosting’s Server. Also, using NannyPress servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of NannyPress computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.
Any activity which causes service interruptions to either NannyPress network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on NannyPress network and servers.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use NannyPress Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at NannyPress . Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. More details about our anti-spam policy can be found here
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
You agree that if the NannyPress IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and NannyPress may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
FOREX, egold exchange, etc.
Usage of the NannyPress network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against NannyPress network or website, or NannyPress employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
With the exception of NannyPress Dedicated Server and Cloud Storage products, the customer agrees to make use of NannyPress Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.
NannyPress Web Hosting services are not intended to be used for data backup or archiving purposes. For example, you are not allowed to import or store personal mail archives. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, mail accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc.
NOTE: We reserve the right to delete your mail archives if they get out of hand!
We also reserve the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $1 per additional 10GB.
Shared Hosting Addendum
The following statements pertain exclusively to shared web hosting products and services offered by NannyPress.
PROHIBITED CONTENT AND ACTIVITIES
Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
All IRC bots and “bouncers” (bnc, etc) are forbidden.
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on NannyPress Shared Hosting services.
All proxy software, anonymous or otherwise, is forbidden on NannyPress Shared Hosting services.
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.