Our Terms of Service (TOS) Agreement represents the complete Agreement and understanding between NMSERVERS.com (Provider), and the account holder (hereinafter called Customer), and supersedes any other written or oral Agreement. This Agreement explains our obligations to the Customer, and explains your obligations to the Provider for various services.
NMSERVERS.com requires that its Agreements be made with a person who is qualified to contract. As a customer you must be over the age of eighteen (18) years. In the case of a customer being under the age of eighteen (18) years, a parent or guardian must accept this Agreement.
Modification to Terms of Service (TOS)
NMSERVERS.com reserves the right to modify the Terms of Service (TOS) periodically, for any reason, and without notice. Please review this Agreement every so often so you will be apprised of any changes made to this page. Customer agrees that, during the period of this Agreement, that we may revise the terms and conditions of this Agreement; and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site.
NMSERVERS.com has the right to discontinue service, or deny access to anyone who violates our Policies or The Terms and Conditions shown below, with or without prior notice or warning. Refunds of fees paid will not be made if the customer’s account is due to violation of the terms outlined below.
Our services do not include a 30 day money back guarantee. Dedicated and managed servers do not include a 30 day money back guarantee.
Our acceptable use policy represents the complete agreement and understanding between NMSERVERS.com (Provider) and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement.
NMSERVERS.com requires that its agreements be made with a person who is qualified to contract. As a customer you must be over the age of eighteen (18) years. In the case of a customer being under the age of eighteen (18) years, a parent or guardian must accept this agreement.
NMSERVERS.com reserves the right to modify this Policy periodically, for any reason, and without notice. Please review this Policy every so often so you will be apprised of any changes made to this page.
NMSERVERS.com has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below without prior notice or warning. All payments are nonrefundable if the account is canceled due to the violation of the terms outlined below.
NMSERVERS.com Servers may only be used for lawful puposes. The Customer agrees to comply with all applicable laws, rules and regulations in connection with their use of the Service.
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, 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.
The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or protected material to the Internet without express authorization or purchased license of the owner(s) or person(s) owning the copyrighted material. At any time, the Provider may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or licensed distribution for any item displayed on the Customers web site.
The Customer agrees to keep their website or server free of any illegal content and activity including, but not limited to, displaying material that exploits children under 18 years of age, “Pirated software”, “hackers” programs, Warez sites, IRC bots or clients, port scanning, proxy scanning, proxy servers, security hole scanning,” Internet scamming”, ping flooding, denial of service attacks, mail bombing, Information regarding the creation and distribution of the following: Internet viruses, ping attacks, mail bombing, DOS attacks, port scanning, security hole scanning, hacking, and pirated software.
In the case of Adult Oriented Sites, the Customer agrees to present a disclaimer and a means of exit to visitors before granting access to any area deemed as pornographic or unsuitable materials for minors. In cases of Adult Oriented Web Sites, the Provider may, at any time, at its sole discretion, require the Customer to provide legal documentation fulfilling the requirements of 18 U.S.C. 2257 for their review. Any Customer found to be in noncompliance with 18 U.S.C. 2257 or any other applicable law may have their account suspended or revoked at the sole discretion of NMSERVERS.com LLC.
The Customer agrees not to use the facilities and capabilities of the Provider to solicit the performance of any activity that is prohibited by law or for the illegal distribution of unsolicited e-mail, commonly known as “spam” Unacceptable uses also include, but are NOT limited to: Bulk e-mailing, unsolicited e-mail, and newsgroup spamming containing commercial advertisements. Failure to comply will result in account suspension or cancellation without prior notice.
Unauthorized Access of the servers is strictly prohibited. The Customer agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as “hacking”. The Customer agrees to indemnify and hold harmless the Provider for any liability arising from the use of their service.
Customer agrees that this agreement will remain in full force during the length of the term of your NMSERVERS.com hosting account. Should you choose to renew or otherwise lengthen the term of your hosting account, then the term of this policy will be extended accordingly.
Dedicated and managed servers, services and account add-ons are nonrefundable. Bandwidth overages are nonrefundable. Miscellaneous billable support is nonrefundable. Control Panel software such as C-Panel and DirectAdmin is nonrefundable. If your account has been cancelled due to a breach of our Terms of Service (TOS) or AUP, you will not be eligible for a refund.
Service Level Warranty. In the event Customer experiences any of the following and NMSERVERS.com determines in its reasonable judgment that such inability was caused by NMSERVERS.com’s failure to provide Internet Data Center Services for reasons within NMSERVERS.com’s reasonable control and not as a result of any action or inaction of Customer or any third parties (including Customer equipment and/or third party equipment), NMSERVERS.com will, upon Customer.s request, credit Customer.s account as described below:
A. Inability to Access the Internet (Downtime). If Customer is unable to transmit and receive information from NMSERVERS.com’s Internet Data Centers (i.e., NMSERVERS.com’s LAN and WAN) to other portions of the Internet because NMSERVERS.com failed to provide Internet Data Center Services for more than fifteen (35) consecutive minutes, NMSERVERS.com will credit Customer.s account the pro-rata NMSERVERS.com connectivity charges. (i.e., only bandwidth related charges are eligible for credit. Credits are based in proportion, according to a factor that can be calculated exactly to said downtime)
NOTE: Customer Must Request Credit. To receive any applicable credits, Customer must notify NMSERVERS.com Customer Service at support@nmservers.com within two (2) business days from the time Customer becomes eligible to receive a credit or forfeit their right to receive a credit. Customer must include their full name, user name, website or server number, and the dates and times of the unavailability. NMSERVERS.com will contact Customer to review the status of the credit request and to determine the applicable credit, if any, due Customer. Credits will typically be applied within 30 days of request. Credits will only be applied to accounts in good standing. If the Customer account is past due, the account will be ineligible for a credit.
B. Remedies Not Cumulative – Maximum Credit. In the event that Customer is entitled to multiple credits arising from the same event, such credits shall not be cumulative. Customer shall be entitled to receive only the maximum single credit available for such event. In no event will NMSERVERS.com be required to credit Customer in any one (1) calendar month NMSERVERS.com connectivity charges in excess of seven (7) days of Service. A credit shall be applied only to the month in which the incident took place. Customer shall not be eligible to receive any credits for periods during which Customer received any Service free of charge.
Unmanaged servers will not be credited. Credits will not be provided to Customer in the event that you have any outage resulting from:
1. Third party services
2. Failure of your equipment or applications
3. Scheduled server and network maintenance
4. Off-network Internet traffic
5. DNS Propagation
6. Domain registration or transfer failure
7. Failure to comply with NMSERVERS.com AUP and Terms of Conditions
8. Third party software or scripts
9. Circumstances beyond Providers control including, but not limited to, acts of nature, terrorism, fire, flood, sabotage, strike, acts of any governmental body and war.
Services and features added to your account mid-month are charged upon completion of said service and payable upon receipt. Recurring monthly add-on charges are payable with your monthly hosting account.
An unmanaged dedicated server offers the same basic features as a managed server at a reduced rate. With an unmanaged server we provide storage, reboots, physical security of the hardware, failed hardware replacement and bandwidth, however additional consulting or support will incur extra charges. We will however, support anything hardware or network related. The following is not covered in our support: Any third party software including but not limited to: Control Panel Support, billing software, Scripts etc. Consultation or work requested for third party scripts or software will be billable at $50 per hour with a minimum time slot of 15 minutes.
The Customer is allowed to install program scripts on their server, however we reserve the right to disable any script, without warning, that causes a server or network to become dysfunctional or causes damange to other computers on Internet.
Please protect your user and password from unauthorized use. In no event will NMSERVERS.com be liable for the unauthorized use or misuse of your user name and password. Telephone calls are not an acceptable method of account modification.
As part of the signing up process, you are required to provide us certain information and to update us promptly as such information changes so that our records are current, complete and accurate. We will be delivering time-sensitive information such as monthly invoicing, special news and announcements, network upgrades etc.to the e-mail address you provide. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information:
Changes in e-mail address
Change of payment method
Change of address
Change of phone number
Change of ownership of account
It is the customers responsibility to be aware of their hosting plan. The Provider does not monitor what plan may be suited for the customer. If you would like to upgrade to a new hosting plan please put in an upgrade request at support@nmservers.com requesting a new plan. Upgrades to your hosting plan must be made no less than 10 business days prior to the new billing month.
Plan upgrade requests received after the billing month begins will not take effect until the next billing period and any overage charges over current plan will be applied.
It is the customers responsibility to be aware of their hosting plan. The Provider does not monitor what plan may be suited for the customer. If you would like to downgrade to a new hosting plan please put in a downgrade request at support@nmservers.com requesting a new plan. Downgrades to your hosting plan must be made no less than 14 business days prior to the new billing month.
Plan downgrade requests received after the billing month begins will not take effect until the next billing period, therefore no portion of your hosting plan will be refundable.
All dedicated and managed servers hosting accounts are based on a month to month contract.
All hosting accounts are based on a month to month prepay basis. Our billing cycle runs from the date you signed up to same date next month. The Provider reserves the right to change monthly fees, additional costs, billing methods, or any other area of Service it deems necessary at any time, for any reason. Either Party may, at its sole discretion, may terminate the Customers account at any time without refund for any remaining portion of the monthly fee. Unrestricted Bandwidth allows your website the ability to exceed the amount of bandwidth in any given hosting plan. However, if you exceed more than 100% of your hosting plan you will receive an e-mail, requiring you to make an additional monthly deposit to your account by credit card. Failure to make payment within 48 hours of notice will result in account suspension.
Customer agrees to pay all fees incurred by the due date each month following execution of this Agreement, together with any additional charges, costs, assessments, and overages under the terms hereof. If payment of monthly fees it not posted to the Customers account within 3 days of the due date, the Customers service is subject to suspension without prior notice or warning. If payment of monthly fees it not posted to the Customers account within 5 days of the due date, the Customers service is subject to termination without prior notice or warning. As further consideration for the Services, the Customer agrees to provide certain current, complete and accurate information about themselves as required by the sign-up for Hosting Services and maintain and update this information as needed, to keep it current, complete and accurate. By completing and submitting the hosting sign-up form the Customer represents that the statements in their hosting application are true.
We accept major credit cards including, Visa, MasterCard, and American Express. Payment by Paypal and bank transfer are also accepted.
By submitting your credit card information you agree to allow NMSERVERS.com to charge your credit card each month for any charges relating to your hosting account. You also agree that you will not charge-back any amount to your credit card. Services and features added on to the account mid-month are charged upon completion of said service.
All hosting accounts are to remain in full force and effect until NMSERVERS.com has received notification via our email support@nmservers.com no less than 15 days prior to the billing date (if your billing date is 16 th notification has to be sent on 1 st), as to afford NMSERVERS.com a reasonable opportunity to act on it. All hosting accounts are based on a month to month prepay basis.
Please note if your account cancellation is not received 15 days before the new billing month you will not be entitled to any refund of charges, including prorated charges.
Please Note: For security and authentication purposes, phone requests are not an acceptable method of cancellation. To cancel your account please fill out online contact form on www.nmservers.com or contact us at support@nmservers.com
All added services that were made to the Customers hosting account are to remain in full force and effect until NMSERVERS.com has received notification via our online contact for or email from the Customer to terminate the added service or feature, no less than 15 business days prior to the first of the month, as to afford NMSERVERS.com a reasonable opportunity to act on it.
Please note if your account cancellation is not received 15 days before the new billing month you will not be entitled to any refund of charges, including prorated charges.
Please Note: For security and authentication purposes, phone requests are not an acceptable method of cancellation. To cancel your account please fill out online contact form on www.nmservers.com or contact us at support@nmservers.com
Customer agrees that your use of our services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. The Provider expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Provider makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays, and any service interruption caused by NMSERVERS.com employees.
The Provider will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that the Provider shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the web servers. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the service. The Provider may perform regular back-ups of all data stored on behalf of the Customer, but shall have no liability to customer in the event all data is lost or destroyed. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.
The Customer will be responsible for all content and transactions related to their on-line store including, but not limited to credit card transactions, fulfillment of orders, and calculation of sales tax, confidentiality and security of their customers.
The Customer agrees to release, indemnify, and hold the Provider, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Acceptable Use Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your website(s).
In the event that the Customer has not complied with the any part of the Terms of Service (TOS) Agreement, or breaches the Agreement via nonpayment of monthly charges, the Provider reserves the right to hold any and all Customer equipment, alter access to the service, or to terminate the service, without notice to, or authority from the Customer, and may refuse any refund due to the Customer.