NASplex Terms and Conditions

Competency Statement
Terms of Service
Acceptable Use Policy
Accounts/Billing Policy
Privacy Policy

Competency Statement

NASplex is selective in choosing its clients to provide an excellent hosting environment for all involved. As such, the following criteria must be met and agreed upon. As a client of NASplex, you must:
• Either you currently maintain your own server, or you have a working knowledge of server hosting
• You understand network security and can provide solutions to mitigate the risks to yourself and others
• You do not provide spam, pornography, warez or other prohibited services as outlined in the Terms of Service
• You are capable of troubleshooting internal problems with your server's OS and software
• You run a reputable company with contact information easily available to the public

Terms of Service Agreement

This Service Agreement governs customer's purchase and use, in any manner, of Hosting, as described in the Order Form, ordered by customer and accepted by NASplex and describes the terms and conditions that apply to such purchase and use of the Services. NASplex reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modification will be effective upon posting of the revisions on our site. NASplex may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following NASplex posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY NASplex, OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.

I. Overview

This Agreement shall be for an "Initial Term" of thirty (30) days for Hosting. Customer agrees to all terms and conditions of services provided by NASplex, beginning upon receipt by fax, e-mail, or express mail.
All charges for Services are non-refundable and must be paid in advance according to the then current price applicable to the Services. Upon registration for Hosting Services, customer must choose to pay for the Services either by credit/debit card or paypal upon your receipt of an invoice. If customer chooses to pay by credit card upon registering for Hosting Services, customer thereby authorizes NASplex to charge you to pay for any charges that may apply to your account. If client pays via paypal, the subscription MUST remain active for their hosting account to remain active. When customer cancels subscription with paypal, they also cancel hosting service. If client cancels early, no refunds will be given for any unused portion of service. Customer agrees that NASplex may accumulate any supplemental charges, as described in the Order Form, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then invoice the charges to customer. Customer must notify NASplex of any changes to your billing information, your billing address, credit card on file, or any information that may prohibit NASplex from charging you. If customer chooses to be invoiced upon registration for Hosting Services, NASplex will send an invoice to you for the Services applicable to the period for which you have registered for the Services. NASplex may also send periodic invoices to customer for any applicable Supplemental Charges associated with your use of the Services. Customer agrees to pay to NASplex the amount indicated in each invoice by the due date reflected on the invoice. If customer fails to pay any fees and taxes within three (3) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to NASplex. In addition, customer's failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, justifying NASplex suspension of its performance of the Services and/or termination of this Agreement. Customer is responsible for any fees associated with reinstated of Services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide NASplex with notice of termination either (a) at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.
Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package shall be billed accordingly.
All orders are subject to acceptance by NASplex. An order will be deemed accepted by our company when confirmation of the order is sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and NASplex agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
NASplex reserves the right to suspend the customer's account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, failed subscription payments, and invalid checks or echecks. NASplex Also reserve's the rights to refuse service to customers and/or prospects who are abusive toward NASplex employees and consultants.
Bandwidth utilization will be monitored via MRTG and calculated by the following method: Monthly Avg. In + Monthly Avg. Out / 8 Bits x 60 seconds x 60 minutes x 24 hours x 30.5 days = Total Data Transfer (GB). Furthermore, the max burst rate for each port / server is 100Mbps X 4 (BG4 Routing)
Servers provided NASplex are managed. Customer will be responsible for all server administration related issues. NASplex will monitor your server for uptime and provide free reboot upon a request. Additional professional administration is also available at $45.00 per hour with a one (1) hour minimum requirement.
NASplex may filter and block certain ports without notice at any time to protect the network from Denial of Service (DDoS), SYNC, and Ping flood attacks. Customer will need to consult with the engineering department as to which ports are available.

II. Taxes

NASplex shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the customer or NASplex servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.

III. Material and Products

NASplex will exercise no control whatsoever over the content of the information passing through the network or on the customer's web sites. NASplex makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. NASplex also disclaims any warranty of merchantability or fitness for 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 or gaps by any cause or errors or omissions of the customer. NASplex is not responsible for any loss, erasure, or corruption of customer's data or files whatsoever. Use of any information obtained by way of NASplex is at the customer's own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to our network and does not represent guarantees of available end to end bandwidth. NASplex expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. NASplex specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", NASplex may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. NASplex agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by NASplex within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.

IV. Warranties & Representations

Customer warrants, represents, and covenants to NASplex that (a) you are at least nineteen (19) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

V. Trademarks & Copyrights

Customer warrants that it has the right to use the applicable trademarks, if any. NASplex may request the right to use such trademarks in connection with our service. Customer will review such a request promptly, and not unreasonably withhold such permission.

VI. Termination

This Agreement may be terminated by NASplex, without cause and/or notice. In such event, the company will not be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Not withstanding the above, NASplex may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.

VII. Cancellations

You agree that until and unless you notify NASplex of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellation Requests must be submitted (7) days prior to your next billing due date or you will still be responsible for payment. Cancellations must be done in writing via the cancellation form provided.

VIII. Limited Liability

Customer expressly agrees that use of NASplex Servers is at customer's sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that NASplex service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledge and accept that any damages will be limited to no more than 100% of the previous month's invoice.
Under no circumstances, including negligence, shall NASplex, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our 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 NASplex records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.

IX. Indemnification

Customer agrees that it shall defend, indemnify, save and hold NASplex harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, 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 the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NASplex against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on NASplex Servers.

X. Partial Invalidity

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. NASplex and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

XI. Disputes

The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Erie County, New York. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.

Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

XII. Confidentiality

Customer acknowledges that by reason of their relationship, both customer and NASplex may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both NASplex and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.

Customer and NASplex further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or NASplex.

XIII. Notices

Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

Acceptable Usage Policy

Our Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what we expect of them while using the service. All users of our services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of our Service constitutes acceptance and agreement to The AUP as well as The TOS (Terms of Service)

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of our Acceptable Use Policy. The following are guidelines for the establishment and enforcement of the AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users

We intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.

VIOLATIONS OF THE ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: 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 wrong doing.
Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.
Usenet SPAMing: We have a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
Copyright or trademark infringement: Use of the service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. If your account is the cause of a CPU overloaded, you will be suspended and charged a 25$ fee to re-activate your account. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.
Third Party Accountability: Our subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of our Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Unlimited Accounts: Unlimited Accounts are indeed unlimited. These accounts are not to be used to host a collection of MP3's, Warez, image hosting or gaming sites, giving away free hosting is cause for immediate termination, or to Backup Your Home Computer. These accounts may also not be used as a download distribution point for your bundled software. It is to be used for standard web practices and only standard web practices. If you have a questionable concern please contact us. If you know your site is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this please contact us. Un-Normal usage is anything that a shared server would not be able to provide. Again, contact us for approval if you feel you will fall into this clause.
Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, We will suspend the offending site and let the reseller know. If this continues to happen, Resellers main account will be suspended without notice and charged a 25$ admin fee to re-establish service. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed please contact us.
Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers. You must zip the content to prevent this if you wish to have it hosted, and as everything else this content must be legal content and can not have someone else's copyright.
Egg Drop - Egg Drop Scripts are Not allowed, These are grounds for immediate account deletion without a refund.
Legal - If it is not legal in the United States of America, It is not permitted to reside on our server. If found, the account will be suspended.
Adult Material - Adult Material is not allowed, unless specified in your package deal or in the auction you may have bought from. Sites that contain adult material that is not on an adult approved server/package, the site will be suspended.
Chinese Forums - Chinese Forums are not allowed on our network. These sites require to much CPU usage. They almost require a dedicated server to run properly. If they are found on any server we will suspend them, and charge an admin fee if they are the cause of a CPU overloaded. Admin charges are usually about 25$ Per Hour.
ANIME - Anime Sites are not allowed on our network. If an Anime Site is found we will terminate the account. These sites are not allowed on the server because about 95% of them are illegal.
Other examples of unacceptable material include: IRC Bots, Shoutcast, Torrents, Torrent Trackers, Torrent Clients, Teamspeak, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, sale of any controlled substance, alcohol, or tobacco without prior proof of appropriate permit(s), IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not 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 or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance
Our accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension and/or termination of your account without notice. If your account is suspended and we decide to re-activate, you will be charged a 25$ fee before we do so.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to terminate or limit such activities.

REPORTING VIOLATIONS OF The AUP
We request that anyone who believes that there is a violation of this AUP direct the information to us by email immediately.

If available, please provide the following information:

The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation:
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments Are Non-Refundable*

Accounts/Billing Policy

GENERAL
We offer a variety of Billing Plans: Monthly, Quarterly, Semi-Anually, Annually and 2-year plans. Customer selects his/her Billing Plan at the time the customer signs up for a hosting plan. All billing plans are renewed on the anniversary day of each cycle period.

Please note that, regardless of which hosting/billing plan you select, by billing your credit card or acceptance of any other form of payment from you, signifies that you agree for your account to be renewed automatically on the anniversary date of your billing cycle unless a 7-day cancellation is received prior to your renewal date. You also agree that if your account is billed because you failed to submit a 7-day cancellation notice, there will be a $25 processing fee to reverse your changes. If your account has already been charged, a $25 fee will be deducted from the total amount that is due.

Customers who are not billed or whose credit cards are declined, do not have a contract with NASplex.com. As a result, it is entirely up to NASplex to continue providing hosting services for the customer. Therefore, at the discretion of NASplex, we may choose to continue, suspend, cancel or terminate/delete your service at anytime without notice.

Customers willing to prepay for their hosting services may do so at their will and convenience. Discounts always apply for paying for multiple periods of time. The prepay billing option is cheaper in most cases. If you choose the prepay plan you will be committed for the entire time and NO partial refund will be awarded for early cancellation. We require a 7-day notice for cancellation of any account by following the proper cancellation procedure. Please read our Cancellation Policy. Any Chargebacks and/or PayPal Disputes will be considered account cancellation and we will terminate your account accordingly.

For any other questions, and/or to receive more billing information or payment plans please contact us.

CREDIT CARD CUSTOMERS
Customers who pay by credit card are automatically charged at the anniversary date they signed up without any further notification. An invoice will be generated 0 to 2 days prior to when the payment is due. If your credit card is declined or has expired you will receive an email notice stating so. You should provide updated information before your account is liable for suspension. If your account is suspended due to non-payment there is a $20 reinstatement fee.

If you are paying by credit card, it is your responsibility to insure that we have updated credit card information as well as your current e-mail address on your account at all times. Please understand that NASplex cannot call every customer in order to update their records. Whenever your information changes, please update your billing information by contacting support

DATA TRANSFER
For accounts that use over the set of data transfer limit, NASplex charges $3 per GB should you exceed your allowed data transfer limit. If you exceed your data transfer limits, you will be automatically billed. Please pay close attention to the use of data transfer by watching your logs in your Control Panel.

CANCELLATION
You agree that until and unless you notify NASplex of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellation Requests must be submitted (7) days prior to your next billing due date or you will still be responsible for payment. Cancellations must be done in writing via the cancellation form provided.

REFUND POLICY
Each NASplex 'plan' (does not apply to dedicated/virtual servers) carries a 7-day money back guarantee on NEW ACCOUNTS ONLY. If you are not completely satisfied with our services within the first 7 days of your contract, you will be given a full refund of the contract amount excluding mandatory setup fees and overages. There are no refunds or partial payments on prepaid amounts after the 7-day money back period has elapsed.

All cancellations must be received in writing as per the deadlines indicated. Postal mail and fax notifications are also acceptable. Phone requests will not constitute acceptance of any cancellation. There are no refunds on setup fees, Dedicated/Static IPs, add-on, additional services, dedicated servers or server co-location, etc.

NOTE:
If your account was signed up during a promotional period during which no SETUP fee was charged, the normal setup fee will be applied and deducted when you decide to cancel within the 7-day period.

REINSTATEMENT FEES
Any account that is suspended due to non-payment will incur a $20 reinstatement fee. Accounts are suspended AT ANY TIME upon 5 days past due. Accounts are completely removed from our servers upon 30 days past due and the account will be referred to our collection agency and any legal authorities in the United States.

Privacy Policy

NASplex demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. NASplex will never violate that trust.

NASplex policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, NASplex's policies and procedures are subject to change.

In the course of serving its customers, NASplex acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to NASplex by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by NASplex in the normal course of providing service.

NASplex also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. For example, NASplex uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within NASplex. In addition, NASplex may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security
NASplex will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of NASplex, its partners, its employees and other customers of NASplex's services. To protect the loss, misuse, and alteration of information that is collected from customers, NASplex has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?
NASplex may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. NASplex may also use customer information to provide its customers with system information or information about new or upgraded products.

We may use third-party advertising companies to serve ads on our behalf. In addition, NASplex shares its web site usage information about visitors to NASplex's web sites with third-party advertising companies for the purpose of targeting NASplex's Internet banner advertisements on NASplex's sites and other sites. For this purpose, NASplex and such companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

Opt Out & Modifications
Customers may opt out of receiving notices of new or upgraded products from NASplex and NASplex partners by contacting NASplex. However, customers may not opt out of receiving information from NASplex which is essential for maintaining or updating customers' accounts or system information.

Disclosure of customer information and communications
NASplex will not otherwise disclose its customers' personal and account information unless NASplex has reason to believe that disclosing such information is legal and necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of NASplex, NASplex's customers, or others, or where NASplex has a good faith belief that the law requires such disclosure. NASplex also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that NASplex stores or transmits for its customers. The circumstances under which NASplex will disclose such electronic customer communications are when:

It is necessary in order to provide service to the customer.
It is necessary to protect the legitimate interests of NASplex and its customers.
It is required to cooperate with interception orders, warrants, subpoenas, or other legal process that NASplex determines in its sole discretion to be valid and enforceable.
It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by NASplex and appear to pertain to the commission of a crime.

NASplex disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. NASplex will, however, review, delete or block access to communications that may harm NASplex, its customers or third parties. The grounds on which NASplex may take such action include, but are not limited to, actual or potential violations of NASplex's Terms of Service or Acceptable Use Policy.