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Upon signing up
for Noblesoftonline’s services, all customers agree to comply with
Noblesoftonline’s Terms of Use. The spirit of this policy is to ensure
our customers are using Noblesoftonline’s services with due regard to
the rights of other Internet users and in conformity with the
requirements of Noblesoftonline’s network environment.
Illegal
Use
Noblesoftonline
servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data, or material in violation of
any applicable law or regulation, or that may directly facilitate the
violation of any particular law or regulation is prohibited. This
includes, but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used without
proper authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
Examples of unacceptable content or links include: pirated software,
hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult
Content
Due to the
special system and network requirements of adult-oriented sites,
pornography and hard core sex-related merchandising are prohibited.
This includes sites that may infer sexual content or provide links to
adult content elsewhere. This is also true for sites that promote any
illegal activity or content that may be damaging to our servers or any
other server on the Internet, or provide links to such sites.
Security
Violations of
system or network security are prohibited and may result in criminal
and civil liability. Examples include but are not limited to the
following: unauthorized access, use, probing, or scanning of systems
security or authentication measures, data, or traffic; interference
with service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a
system, broadcast attacks; forging of any TCP-IP packet header or any
part of the header information in an email or a newsgroup posting.
The ICANN Dispute Policy
http://www.icann.org/udrp/udrp.htm
The Exhibit A of the Open SRS Reseller
Agreement
http://www.opensrs.org/exhibita.shtml
Appendix A of the UK Server Access
License Contract, which you can find at: http://resellers.tucows.com/opensrs/uk/ukexhibita
The Nominet
Terms and Conditions.
These can be
found at: http://resellers.tucows.com/opensrs/uk/ukterms
SCHEDULE A for .US names:
Form of Registration Agreement http://resellers.tucows.com/opensrs/info/infoexhibita
APPENDIX A:
Form of Registration Agreement http://resellers.tucows.com/opensrs/ca/ca_exhibita
dot CC Exhibit A - http://www.opensrs.org/cc/cc_exhibit_a.html
APPENDIX A
Form of Registration Agreement: http://www.opensrs.org/tv/tv_exhibit_a.html
Server
Resources*
Any web site
that uses a high amount of server resources (such as, but not limited
to, CPU time, memory usage, and network resources) will be given the
option to either pay additional fees (which will depend on the
resources required), reduce the resources used to an acceptable level,
or upgrade its service to a Dedicated Server plan. Noblesoftonline
shall be the sole arbiter of what is considered to be a high server
usage level.
Any web hosting account deemed to be
adversely affecting server performance or network integrity will be
shut down without prior notice.
CGI
Scripts*
CGI script
sharing with domains not hosted by Noblesoftonline is not permitted.
Any CGI-scripts deemed to be adversely affecting server performance or
network integrity will be shut down without prior notice.
Chat
Rooms*
Noblesoftonline
does not allow customers to install their own chat rooms. Chat rooms
tend to require significant system resources and therefore cannot be
permitted as an account option. However, Noblesoftonline provides Java
chat rooms that meet most users' needs and run without hindering
system performance.
Background Running Programs and Cron
Jobs*
Noblesoftonline may allow programs to
run in the background. These programs will be considered on an
individual basis and customers will incur extra charges based on
system resources used and operational maintenance needed. If you wish
to run background programs please contact noblesoftonline at support@noblesoftonline.com
so that we can arrange set-up.
IRC
Noblesoftonline
does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited
mass email from or through a Noblesoftonline server or using an email
address that is maintained on a Noblesoftonline machine is STRICTLY
prohibited. Noblesoftonline will be the sole arbiter as to what
constitutes a violation of this provision. Customers are also in
violation of this provision if they engage in spamming using the
service of another ISP or IPP, but reference in the spam a web site
hosted on a Noblesoftonline server, or if they sell or distribute
software on their web site that facilitates spamming. Violators will
face immediate suspension.
Server
Abuse
Any attempts to
undermine or cause harm to a Noblesoftonline server or customer are
strictly prohibited.
Software
Distribution*
Noblesoftonline’s shared web hosting accounts are not configured for
the purposes of distributing software and/or multimedia products. If
you wish to distribute software and/or multimedia files, please
contact sales@noblesoftonline.com to make special arrangements.
Multimedia Files*
Multimedia files
are defined as any graphics, audio, and video files. Noblesoftonline
shared web hosting accounts are not to be used for the purposes of
distributing and storing unusual amounts of multimedia files. Any web
site whose disk space usage for storing multimedia files exceeds 70%
of its total usage, in terms of total size or number of files, will be
considered to be using an unusual amount of multimedia files.
Databases*
Any database
stored on Noblesoftonline’s servers shall be limited in size to 10% of
the total disk space allotted for that particular domain's plan/web
hosting account.
Copyright Violations
The Digital
Millennium Copyright Act ("DMCA") sets forth the requirements for
valid copyright infringement notification. If you would like to notify
Noblesoftonline of an infringement of your copyright, the DMCA
requires that you:
Send your
notification to Noblesoftonline’s designated agent. You may choose any
of the following three avenues for this notification:
Email to
abuse@noblesoftonline.com
Include in your
notification the following information
A
physical or electronic signature of the copyright owner or a person
authorized to act on the copyright owner's behalf (the "Claimant")
Identification of the copyrighted work(s) claimed to have been
infringed
Identification of the material claimed to infringe the
copyright's), and enough information for Noblesoftonline to locate it
The Claimant's name, address, and telephone number's)
A statement that the Claimant has a good faith belief that use
of the disputed material is not authorized by the copyright owner or
his agent
A statement, under penalty of perjury, that the information in
the notification of copyright infringement is accurate and that the
Claimant is authorized to act on behalf of the copyright owner.
Actions
Taken by Noblesoftonline
The failure by a customer to
meet or follow any of the above Terms of Use is grounds for account
deactivation. Noblesoftonline will be the sole arbiter as to what
constitutes a violation of the Terms of Use. Noblesoftonline reserves
the right to remove any account without prior notice.
When
Noblesoftonline becomes aware of an alleged violation of its Terms of
Use, Noblesoftonline will initiate an investigation. During the
investigation, Noblesoftonline may restrict a customer's access in
order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Noblesoftonline may, at its sole
discretion, restrict, suspend, or terminate a customer's web hosting
account and/or pursue other civil remedies. If such violation is a
criminal offense, Noblesoftonline will notify the appropriate law
enforcement authorities of such violation.
Noblesoftonline does not issue credits
for outages incurred through service disablement resulting from Terms
of Use violations.
Noblesoftonline customers agree to
indemnify and hold harmless Noblesoftonline from any claims resulting
from the use of our services that damages them or any other party. The
Noblesoftonline service is provided on an as is, as available basis
without warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness for a
particular purpose or non-infringement. Noblesoftonline expressly
disclaims any representation or warranty that the Noblesoftonline
service will be error-free, secure or uninterrupted. No oral advice or
written information given by Noblesoftonline, its employees, licensors
or the like, will create a warranty; nor may you rely on any such
information or advice. Noblesoftonline and its partners and suppliers
will not be liable for any cost or damage arising either directly or
indirectly from any transaction or use of the service.
Modification
Noblesoftonline
reserves the right to add, delete, or modify any provision of its
Terms of Use at any time without notice.
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