This Web Hosting Agreement is between Nibs Solutions and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Nibs Solutions agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed three days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a £5 fee will be added. Nibs Solutions reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifie Nibs Solutions to request for termination of services. Although we are based in the UK our websites currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancell an account on the monthly billing cycle Nibs Solutions can not refund any payments made before.
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Any attempt to undermine or cause harm to a server or customer of Nibs Solutions is strictly prohibited.
Nibs Solutions will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Nibs Solutions, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Nibs Solutions has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Nibs Solutions to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
Nibs Solutions will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Nibs Solutions client account.
The intention of Nibs Solutions is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Nibs Solutions will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Nibs Solutions hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Nibs Solutions notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Nibs Solutions reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Nibs Solutions and Customer regarding the interpretation of the AUP, Nibs Solutions commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to Nibs Solutions that the information he, she or it has provided and will provide to Nibs Solutions for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Nibs Solutions that he or she is at least 18 years of age. Nibs Solutions may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. Nibs Solutions takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bom'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Nibs Solutions ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Nibs Solutions at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - Nibs Solutions endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Nibs Solutions to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Nibs Solutions's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Nibs Solutions NOC.
Nibs Solutions's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Nibs Solutions network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Nibs Solutions will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.";
95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
scheduled maintenance as posted from time to time at Nibs Solutions,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Nibs Solutions's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Nibs Solutions's 'Terms & Conditions and AUP' causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Nibs Solutions provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Nibs Solutions obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless Nibs Solutions, Nibs Solutions's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Nibs Solutions AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Nibs Solutions'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Nibs Solutions'S SERVER.
Disclaimer of Warranties
Nibs Solutions does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Nibs Solutions disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Nibs Solutions and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Nibs Solutions may suspend services to Customer without notice and without liability if: (i) Nibs Solutions reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Nibs Solutions reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Nibs Solutions reasonable reinstatement fee if service is Nibs Solutions following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Nibs Solutions fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice descri the failure in reasonable detail. The Agreement may be terminated by Nibs Solutions prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Nibs Solutions descri the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
Customer agrees that Nibs Solutions may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Nibs Solutions believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Nibs Solutions not with standing any agreement by Nibs Solutions to provide back up services.
Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a £5 one time fee will be enforced.
Changes To Nibs Solutions's Network
Upgrades and other changes in Nibs Solutions's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Nibs Solutions reserves the right to change its network in its commercially reasonable discretion, and Nibs Solutions shall not be liable for any resulting harm to Customer.
Notices to Nibs Solutions under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Nibs Solutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Nibs Solutions's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Nibs Solutions unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Nibs Solutions's prior written consent. Nibs Solutions's approval for assignment is contingent on the assignee meeting Nibs Solutions's credit approval criteria. Nibs Solutions may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on Nibs Solutions's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Nibs Solutions reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Nibs Solutions if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
Nibs Solutions may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month‰Ûªs payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Nibs Solutions's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Nibs Solutions or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Nibs Solutions network. If YOU use a domain name in connection with Nibs Solutions or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Nibs Solutions network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, pro the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bom, or other deliberate attempts to overload or crash a host or network. Nibs Solutions will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Nibs Solutions a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Nibs Solutions under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
Nibs Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Nibs Solutions. Nibs Solutions reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay Nibs Solutions prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Nibs Solutions price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Nibs Solutions reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Nibs Solutions to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Nibs Solutions) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Nibs Solutions as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Nibs Solutions will reinstate YOUR domain name registration solely at Nibs Solutions's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Nibs Solutions
YOU agree to pay Nibs Solutions prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Nibs Solutions price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to.
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Nibs Solutions reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Nibs Solutions to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Nibs Solutions) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Nibs Solutions as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Nibs Solutions will reinstate YOUR domain name registration solely at Nibs Solutions discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Nibs Solutions
Nibs Solutions reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Nibs Solutions will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Nibs Solutions reserves the right to refuse service to anyone. YOU may only use Nibs Solutions server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Nibs Solutions management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Nibs Solutions may disclose any and all YOUR 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.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Nibs Solutions'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED (£500.00) DOLLARS.
Nibs Solutions follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Report Abuse and Complaints
Nibs Solutions domain registration services through its global partner network. You can use one of the below options to contact us for complaints regarding our services.
Process For Handling Abuse
How to Submit the complaint:
Complainant needs to fill the whois reporting form available at https://nibshost.com/submitticket.php?step=2&deptid=2 Enter the domain name and describe the whois inaccuracy. Enter you name and email address on which you wish to receive our reply. Click Submit.Process to address whois inaccuracy complaint
Nibs Solutions Abuse team will send a mail to the Registrant of the domain name asking them to correct the whois details of their domain name within the 7 days. If the Registrant fails to modify the whois details / fails to update the registrar with the sufficient proof to prove that the current / modified whois details are accurate; the domain name will be suspended for whois inaccuracy after the allotted 7 day period gets over.
How to Submit the complaint:
Complainant needs to fill the spam reporting form available at https://nibshost.com/submitticket.php?step=2&deptid=2 Enter the domain name and COMPLETE headers & body of the spam mail. Message headers & body are the most important proof of the spam and without it Nibs Solutions can not verify the complaint. Enter you name and email address on which you wish to receive our reply. Click Submit.
Process to address whois inaccuracy complaint
Nibs Solutions Abuse team will verify the spam headers/body to determine from where the spam was originated and the Type of spam. In case of compromised/hacked domain scenario and first promotional spam instance, a warning will be sent to the domain registrant. Subsequent spam complaint will result in suspension of the domain. In case of deliberate phishing / 419 scam / Malware distribution, the domain name will be suspended directly.
ALL THE OTHER ABUSE (Phishing / 419 scam / Child Pornography)
How to Submit the complaint:
Complainant needs to fill the abuse reporting form available at https://nibshost.com/submitticket.php?step=2&deptid=2 Enter the domain name and the detailed complaint. Complaint should include details of abuse along with the evidence to support it. Enter you name and email address on which you wish to receive our reply. Click Submit.
Process to address whois inaccuracy complaint
Nibs Solutions Abuse team will go through the complaint to determine the type of the abuse. In case of compromised/hacked domain, a warning will be sent to the domain registrant. If the registrant fails to remove the unauthorized content, the domain name will be suspended. In case of deliberate abuse like phishing / Malware / 419 scam / Child Pornography the domain name will be suspended directly. Click Submit.
To report any form of abuse activity (spam, phishing, adware etc) with respect to any Nibs Solutions service please click contact us.
Report Spam Complaints
If you have a spam complaint against any particular domain name please click contact us.
Report False Whois Complaints
If you wish to report inaccurate Whois Data for a domain name please click contact us.
Dedicated Abuse Contact
Dedicated Abuse Contact Details Registrar Abuse Contact Email: firstname.lastname@example.org Contact Phone: 01922 474333
Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.
When you sign up for any of our services we will ask you to provide contact information for your convenience as well as legal reasons. This will include name, home address, e-mail addresses and payment details (credit or debit card and PayPal). If you need support our staff may need to know information to solve the problem such as operating system, browser software and editing software. When you visit this website we do record certain information using Analytics such as your location, browser version, ip address, screen resolution, operating system and flash support. This is so we can continue to provide the most convenient web site for all our visitors. Our website is protected by a Secure Sockets Layer (SSL) and verified by Equifax. This helps prevent eavesdropping on our website, just look for the padlock.
How Your Information Is Used
We will use your personal identifiable information in the following ways.
- For payment purposes and to provide convenient and targeted support.
- To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at anytime by following the instructions at the bottom of the e-mail.
- To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customise your visit.
We will NEVER provide your personally identifiable information to any persons other than A law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to miss use this information.
We do not under any circumstances apart from the above give away or sell your information to any third parties.
Your personal information is safe with us, your information is safely encrypted using SSI. Our service is not available to anyone under the age of 13, never will we intentionally maintain information about anyone under the age of 13.
Upon using our free services, you may be requested to participate in our periodic internal surveys that are conducted by Nibs Solutions to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.
Communications From The Site
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to Nibs Solutions you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your Nibs Solutions account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to Nibs Solutions. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to Nibs Solutions you can indicate your preference on your members profile page to participate in the Nibs Solutions newsletter. You will receive a confirmation email from us when placing an order on our site and paying through PayPal.
We provide you the opportunity to 'opt-in' and 'opt-out' of our newsletter at any time. Our newsletter is sent every month so it will certainly contain allot of useful information and any offers we may have. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.
Information Sharing and Disclosure
We collect information from our website visitors using Analytics. We use this information to better design our Web site and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information
How You Can Access /Correct Your Information
You can access all your personally identifiable information that we collect by logging into your password-protected Nibs Solutions account and selecting to update your 'My Details' We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Specific Terms and Conditions
Nibs Solutions considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third-parties, or to protect the rights or property of Nibs Solutions. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that Nibs Solutions do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we have taken every step possible to make your information safe. This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Links To Other Sites
This Web site contains links to other sites that are not owned or controlled by Nibs Solutions. Please be aware that we, Nibs Solutions are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.
Changes To This Privacy Statement
This AUP governs the use of Nibs Solutions's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Nibs Solutions regarding the interpretation of this AUP, Nibs Solutions's interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire Acceptable User Policy ('AUP') agreement between Nibs Solutions and the personal or corporate account holder. Nibs Solutions provides World Wide Web Hosting, web design and script installation. Nibs Solutions has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Nibs Solutions's general policy is to act as a provider of Internet presence. Nibs Solutions reserves the rights to suspend or cancel a customer's access to any or all services provided by Nibs Solutions when we decide that the account has been inappropriately used.
What is Appropriate Usage?
Nibs Solutions is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Nibs Solutions is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. Nibs Solutions uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.
Nibs Solutions Customers may not initiate the following (below), if any customer does Nibs Solutions may terminate the account with no refund. Depending on the situation there will/won't be warnings sent.
a) Use 25% or more of system CPU resources for longer then 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e) Run any software that interfaces with an IRC (Internet Relay Chat) network.
f) Run any file sharing, bit torrent or other P2P network services, client or server software.
g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc
In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example our Enterprise Plan comes with 40GB bandwidth which is a huge amount, all of this 40GB can be used. Bandwidth is also reset every month.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. Nibs Solutions will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
You may have noticed all of our accounts come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains etc as you want as long as it's within your disk space limit.
You may not publish or transmit via Nibs Solutions's service any content that Nibs Solutions reasonably believes:
a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person's privacy;
f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person's trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Nibs Solutions;
l) is otherwise malicious, fraudulent, or may result in retaliation against Nibs Solutions by offended viewers;
Nibs Solutions does not accept material such as:
a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
b )Content 'published or transmitted' via Nibs Solutions's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Nibs Solutions.
* Nibs Solutions can terminate service for any of the above reasons and it's at Nibs Solutions's sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Comercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on Nibs Solutions's servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your Nibs Solutions account you must adhere to the following rules:
a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner.
d) You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Nibs Solutions service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Nibs Solutions service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Nibs Solutions's services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) you are otherwise permitted by established United States copyright law to copy the work in that manner.
Nibs Solutions will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Nibs Solutions network.
Nibs Solutions is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Nibs Solutions network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
a) 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 (including those belonging to Nibs Solutions and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bom, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the Nibs Solutions network.
g) Use of Nibs Solutions's network in a way that unreasonably interferes with Nibs Solutions's other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.