Terms of Service

1.) Account Setup And Email On File

A. We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is YOUR responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you the primary email address on file will be used to do so. It is YOUR responsibility to ensure the email address on file is current or up to date at all times.

2.) Content (Onshore Servers)

A. All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The laws of the state of Texas and the United States of America apply.

B. Examples of unacceptable material:

IRC Bots

File upload sites (ex. rapidshare.com

Warez Sites

Pirated Software

Hate sites

Hack programs and archives

Proxy Scripts / Anonymizers

C. Using any type of account such as our Shared, Reseller plans for a back/storage device is not permitted, with the exception of one backup of the same account. Please do not take backups of your backups.

3.) Zero Tolerance Spam Policy

A. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

B. We reserve 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. We also reserves the right to make any such modifications in an emergency at our sole discretion.

C. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of nextgenhost,net All rights reserved.

4.) Payment Information

A. You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify nextgenhost.net of your desire to cancel any or all services received, those services will be billed on a recurring basis.

B. We reserve the right to change the monthly payment amount and any other charges at anytime.

C. All payments that are due and not received on the specified date of invoice will have 3 days to pay invoice. If payment is still not received after the 4th late day then a $5.00 late charge will be added on to the total price for that month and a account suspension will occur. If payment is not received within 5 days then your account will be terminated with or without notice.

5.) Backups And Data Loss

A. Your use of the service is at your sole risk. We are 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 our servers.

6.) Cancellation And Refunds

A. We reserve the right to cancel the account at any time. We do not offer refunds for breech of our terms of service.

B. Customers may cancel at any time. We give you an unconditional 7 day money back guarantee on managed shared hosting, reseller solution's and VPS's. Refund requests after 7 days will be refunded on a prorated basis of any unused time (except VPS's). There is NO refund on Dedicated Servers

C. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

D. There is no refund for VPS and Dedicated Servers accounts after activation of services.

7.) Resource Usage

Users may not initiate the following:

A) Use 15% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

B) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

C) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

D) Run any software that interfaces with an IRC (Internet Relay Chat) network.

E) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

F) Run any video/music/file sharing intensive site or penny auction websites (for such sites special plans are avialable).

8.) Fair Usage Policy

A. The nextgenhost.net service is designed to host websites. nextgenhost.net does NOT provide unlimited space for online storage, backups, or archiving of electronic files, videos, documents, log files, file sharing intensive sites, reverse auction sites, illegal content of any kind, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with excessive number of files negatively affect the performance of the server and nextgenhost may request that the number of files be reduced to ensure proper performance at nextgenhost's discretion. nextgenhost does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does nextgenhost.net charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, nextgenhost.net reserves the right to limit processor time, bandwidth, processes, memory, number of accounts a subscriber can create, or number of files in cases where it is necessary to prevent negatively impacting other Subscribers. All of your web pages (html,php,htm, etc.) must be 'linked' with files (.GIF, .JPEG, etc.) stored on nextgenhost.net. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of nextgenhost.net management. Any customer who violates nextgenhost's Policies in abusing either space/site transfer will be notified and given 1 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. INODES The use of more than 50,000 INODES will result in account suspension. An INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

9.) Money Back Guarantee

A. On dedicated servers, VPS, and colocation no full refund will be honored, the 3 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

10.) Price Change

a. The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

11.) Indemnification

A. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from nextgenhost.net's servers.

12.) Disclaimer

A. We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

13.) Free Hosting

We reserve the right to terminate accounts where free hosting (defined as hosting that was obtained at a zero cost to the end user) was provided, unless discussed with the managment and has been agreed with certain limits put in place to prevent server abuse. as this provides a security issue for our servers, and it is in our best interest to look after everyone on the server. Free hosting accounts are setup by ?hackers? (?a programmer who reaches a goal by employing a series of modifications to exploit or extend existing code or resources?) who make as many attempts as necessary to destroy the server and its content, or escalate to root privileges and cause havoc for all of our end users.

14.) PHP Files

A. PHP file uploaded in attempt to steal root access will be logged and may result in a loss of hosting with no refund payment.

15.) Offshore Hosting

A. All services provided by us may only be used for lawful purposes. We do NOT allow the following:

  • Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
  • Mailbombers or any sort of spam sites
  • Anything than can result in Spamhaus listing
  • Phishing Sites
  • Child Porn Sites
  • Xhrumer
  • Warez
  • Spam email
  • Spoofing
  • Netscan / Hack programs and archives
  • Malicious Scripts (ex: originate DDoS attacks or hack attempts)
  • Botnet/Doorway/Carding
  • Torrents
  • IRC Bots
  • File upload sites (ex. rapidshare.com
  • Hate sites
  • Proxy Scripts / Anonymizers

B. This is just to provide services Including all Offshore resellers and shared hosting plans. Whenever there is a legal issue, a warning email is only sent, when the abuse report is in compilance with law of the country where the content is hosted and have been verified that the sender is the authorized care-taker for the content on which abuse is filed. We always take care for legal issues. User will responsible for all content hosted on Offshore server. If you have issue with content the please email us at [email protected]

16.) Game Server Hosting

Gameservers are strictily forbidden on our shared hosting servers gameservers can only be run on vps or dedicated services

17.) Changes To The TOS

These terms are subject to change at anytime without notice.

18.) Payment And Supplier Disclaimer

Payments for your orders is carried out through a secure checkout process with paypal.com or other payment process. During the checkout process, it will be given the options to select payment processors paypal.com or other payment process

For all abuse reports please use the given template at http://nextgenhost.net/abuse.html .

Last updated March 08th 2014