Nitelands (referred hereinafter as 'Nitelands', 'our', 'we' and 'us') is a web hosting business. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Nitelands, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
Nitelands reserves to the right to the final decision on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
Users are also required to abide by the following:
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes reseller and resold accounts.
Nitelands reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Nitelands also reserves the right to make any such modifications in an emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless Nitelands from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Nitelands, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
Nitelands reserves the right to refuse or discontinue service to anyone at Nitelands' sole discretion. Nitelands may deny you access to all or part of the service without notice if you engage in any conduct or activities that Nitelands in its sole discretion believes violates any of the terms and conditions in this agreement. Nitelands shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Nitelands has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Nitelands reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Nitelands also reserves the right to refuse refunds in cases where Nitelands believes abuse has taken place.
5. No warranties
Nitelands makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Nitelands or its agents or employees shall create a warranty. Nitelands provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Nitelands be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Nitelands service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Nitelands' servers that such information becomes available to all Internet users and that Nitelands has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Nitelands' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Nitelands or on the Internet generally.
Your use of the service is at your sole risk. Nitelands is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nitelands servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Nitelands, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Nitelands policy decisions.
Nitelands reserves the right to monitor any and all communications through or with our facilities. You agree that Nitelands is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Nitelands with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.
8. Payment & Other Information
You agree to supply appropriate payment for the services received from Nitelands, in advance of the time period during which such services are provided. You agree that until and unless you notify Nitelands of your desire to cancel any or all services received, those services will be billed on a recurring basis.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Nitelands or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Nitelands' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
10. Money Back Guarantee
Each reseller plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by Nitelands for violating our
Acceptable Usage Policy do not qualify for the 30-day money back
guarantee. Only first-time accounts are elegible for a refund. For
example, if you've had an account with us before, cancelled and signed
up again, you will not be elegible for a refund. This is to protect our
refund guarantee from being abused. To receive a full refund, contact
our customer service departement.