Terms of Service
Thanks for choosing NullShells Networks! By using NullShells Networks you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). NullShells Networks reserves the right to update and change the Terms of Service from time to time without notice. As updates occur to the Terms of Service an update to this Terms of Service page will be made and the date (proceeding, "Last Updated") will be incremented appropriately. You can review the most current version of the Terms of Service at any time at: http://www.nullshells.net/tos.html.
1. ACCESS AND USAGE
NullShells Networks reserves the right to deny access to anyone for any reason at any time. If a user's activities interfere with the proper functionality of a system, access may be limited or revoked. NullShells Networks may only be used according to law. Portflooding, portscanning, unattended processes, "cracking," unauthorized connections to remote hosts, "linkspamming", spamdexing, or any behavior considered unethical by NullShells Networks will result in account removal. Any unlawful use may be reported to the appropriate authorities and civil recourse will be sought to the full extent of the law. Transmission, distribution or storage of material in violation of applicable law or regulations 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, libelous, fraudulent, threatening, or in violation of export control laws.
You are responsible for maintaining the integrity and security of your account on NullShells Networks.
No warranty is made, express or implied, written or verbally, about the services of NullShells Networks, including but not limited to: accessibility, operability, uptime, and data integrity.
NullShells Networks will maintain control of any and all IP addresses that may be assigned to your account or domains. NullShells Networks reserves the right to change, disable, or remove, at it's sole discretion, any and all IP addresses.
You agree not to install shoutcast, icecast, or any kind of streaming audio servers without express permission of NullShells Networks. Installing such servers without express permission will result in immediate account removal.
You agree not to install teamspeak, ventrillo, or any kind of voice chat servers without express permission of NullShells Networks. Installing such servers without express permission will result in immediate account removal.
You agree not to install any kind of text based chat servers such as a MUD or an IRC daemon (including services) without express permission of NullShells Networks. Installing such servers without express permission will result in immediate account removal.
For security reasons, free shell accounts that remain inactive for at least 30 calendar days may be disabled.
2. BILLING AND FEES
NullShells Networks reserves the right to choose the billing period on all users invoices.
All payments must be made within 3 days of the due date specified on a users invoice. Payments not made by this date are subject to deactivation.
NullShells Networks may disable inactive or uncredited accounts at any time. Remaining data may be archived for an additional 90 calendar days.
NullShells Networks may charge up to a ten dollar ($10) reactivation fee for reactivating a shell account.
Reactivation of an account which is uncredited may require full payment for the service period, even when the account has been disabled during the service period.
NullShells Networks may charge a maximum one-hundred dollars ($100) retrieval fee for recovering shell account data from archives.
If a payment in any form is recovered or otherwise not paid by your financial institution you may be required to pay a fifty dollar ($50) return payment fee.
3. SPAM AND PENALTIES
Usage of NullShells Networks services to transmit unsolicited emails or any type of commercial advertisments may result in immediate account deactivation or cancelization.
Any undesired emails or other data transmitted and received by an entity who has not explicitly requested such data may be grounds for deactivation or cancelization.
A penalty of no less than one-hundred dollars ($100.00) per hour for clean up may be assessed by NullShells Networks for violation of these terms.
4. REFUND POLICY
All payments are non-refundable unless expressly stated otherwise. The costs of all refunds will be at your expense.
Any and all refunds are made as a courtesy at the sole discretion of NullShells Networks.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of NullShells Networks services without the express permision of NullShells Networks.
6. ACCOUNT REQUESTS
All initial payments must be made in conjunction with an Account Request.
All account requests for paid services must be made in conjunction with a PayPal transaction ID.
An Account Request does not constitute account approval, and your billing cycle begins on the date your Account Request is approved.
By requesting an account, you express your agreement to the Terms of Service.
7. CHANGES AND CANCELIZATION
If you decide to change or cancel your service then you must request this in writing at least three (3) days before your billing cycle ends.
If you wish to cancel your account you must send a request to NullShells Networks to have your account removed. Otherwise, you may continue to be charged for any services on your account.
If you do not agree to the Terms of Service you agree to request cancelization.
8. INDEMNIFICATION
By using NullShells Networks you agree to defend, indemnify, save, and hold NullShells Networks harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees asserted against NullShells Networks. This includes it's customers, authorized agents, and affiliates, and any actions resulting from the usage of any services provided by NullShells Networks or performed by a customer, authorized agent, or affiliate of NullShells Networks.
If any demands or claims are made against NullShells Networks because of activity on a user's account, the registered user of that account agrees to pay all asserted costs, including reasonable attorney's fees and court costs.
NullShells Networks can not be held liable to any user of NullShells Networks at any time for any reason.
9. GOVERNING JURISDICTION
Jurisdiction in all legal matters will be determined exclusively by the courts of Hillsborough in the state of New Hampshire, USA.
Last Updated: Sat, 25 Oct 2008 2:45:08 -0400
