1. Disk Space and Bandwidth. Customer will be provided with the amount of disk space and bandwidth stated in their quote or plan from Neq3 Premium*. Disk space usage and bandwidth usage are monitored by Neq3 Premium* and will be provided to the client to use at their leisure. Customers are responsible for purchasing additional disk space or bandwidth beyond that detailed in their “Plan” or to remove files and stop network usage in order to bring their usage with their Plan’s limit. In one month you may use a extra 5% of your quota, however continued heavy usage of this will require an upgrade or extra usage fees. Some plans may have 'Unlimited' usage policies and in that case we do not set any 'limits' on disk space or bandwidth that we provide on our shared hosting plans. However, that being said you agree to be fully compliant with our TOS and utilize disk space and bandwidth in normal operation of your website. If we feel that you are exceeding the normal operation limits (fair usage), you will receive an email to reduce the resource usage in order to allow smooth running of other shared hosting client websites without disruption. Do note that it is very rare for a shared hosting client to exceed this limit.
2. Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where Neq3 Premium* is acting solely as Customer’s Host, Neq3 Premium* is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where Neq3 Premium* is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold Neq3 Premium* harmless, defend Neq3 Premium* exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over Neq3 Premium*). We like to point out that Neq3 Premium* is not responsible for clients or clients end user content in any way and clients take full responsibility in this matter and will defend and hold Neq3 Premium* harmless.
3. Storage & Backups. Neq3 Premium* shall store Customer’s web sites, files, email and databases on their servers. The parties expressly recognize that internet servers and links are susceptible to crashes, down time, vulnerabilities and that from time to time Neq3 Premium* may need to perform maintenance on their services. Backups may be requested at any time, however Neq3 Premium* is not responsible for data that you may have lost due to said crashes, down time or vulnerabilities. In addition Neq3 Premium* will not support illegal activities by providing you with a backup if your Web Hosting contains any of the materials found under the Abuse section of this document. However we keep daily, weekly and monthly backups which can be restored or downloaded in cPanel backup manager.
4. Maintenance. Neq3 Premium* may temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary to maintain adequate services. However, Neq3 Premium* shall provide prior notice within 24 hours for all maintenance. Failure to provide prior notice on our part does fall under our SLA.
5. Bandwidth. Neq3 Premium* agrees that it shall maintain a minimum of 500mbps connections to our servers. However, Neq3 Premium* does not guarantee any response rate or download speed beyond our control, as this is depending on Customer’s and End Users ISP connections. We do NOT guaranty a set internet speed to your server. We do recommend, however, that you take advantage of our “speed and ping” test, prior to placing your order with Neq3 Premium*.
6. Security. The parties expressly recognize that it is impossible to maintain flawless security, therefore the customer is solely responsible for properly securing their hosting service provided by Neq3 Premium* including changing initial passwords and making any security adjustments and patches over time. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Neq3 Premium* harmless for any compromise of Customer’s security that resulted from their own actions, the actions of Neq3 Premium* or the actions of any third party.
7. Privacy. Message and data encryption is possible on Neq3 Premium* , however Customer is solely responsible for encoding their web site, content, and data to conform with generally accepted encryption standards, and Customer indemnifies and holds Neq3 Premium* harmless for any compromise of Customer’s encryption method. Neq3 Premium* respects the individual privacy of each user, however breaches in security and personal mistakes on the part of our employees do happen. You agree to indemnify and hold Neq3 Premium* harmless and blameless for any compromise of your personal, business, or private information in any form.
8. Refunds. Refunds are available on our hosting and storage services for up to 7 days.This refund policy excludes refunds for custom packages created and add ons such as domain names.
9. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (Neq3 Premium*) shall be refundable after 7 days or if the purchases included: control panel license fees, IP addresses or general products which are not services. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, (ii) FOR ANY CONTENT HOSTED BY ANY OF OUR CLIENTS, OR (iii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
10. Miscellaneous. Failure by either Company (Neq3 Premium*) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11. Copy-right. Neq3 Premium* is not responsible for copy-right infringements caused by what the Customer hosted on Neq3 Premium’s servers. Customers agree to defend us and hold Neq3 Premium* harmless.
12. Service Abuse. Neq3 Premium* reserves the right to cancel, suspend or terminate any account which Neq3 Premium* deems to be abusive or over-using resources which are outlined in the respective Customer’s service plan. Web Hosting accounts are subject to suspension without notice or termination for heavy abuse if said Web Hosting account is found to be abusing the Web Hosting node’s resources. These included but are not limited to:
13.Pornographic Material. Pornographic material is not allowed to be hosted on the Web Hosting accounts. Hosting child pornography is NOT allowed and any client found to be doing so will be canceled immediately upon discovery and reported to the proper authorities.
14. Suspension and Termination. Neq3 Premium* will suspend Web Hosting after 3 days of non-payment. After 5 days of non-payment Web Hosting will be terminated along with all data, IP addresses and other information. Repeated failure to pay invoices with termination will lead to account termination and refusal of service.
15. Spam Complaint Fees. A service fee of €25 per spam complaint will be applied for SPAM complaints that are processed by or sent to Neq3 Premium* as a result of violations of these Terms of Service.
A service fee of €50/hour will apply for investigation and corrective work performed by Neq3 Premium* to resolve SPAM violations.
16. IP Blacklist Fees. If, as a result of a Customer’s actions, Neq3 Premium’s mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Neq3 Premium* shall charge Customer $50 upfront and €25 per hour thereafter for any necessary investigation and corrective work.
17. Free Domains. Free Domains are fully allowed on our Premium Hosting Service. For our free one, see Free Hosting
18. Banned Services. All the following services are banned on Neq3 Premium*:
Copyrighted Material that does not belong to you, IRC Networks, Websites, Port Scanners, Gambling & Pharmacy Sites, Gambling Sites, Lottery Sites, Image Hosting Sites, Banner-Ad Services, Pirated Software, Warez or Warez Linking, Botnet Controllers, Scamming or Fake Websites are not allowed. We do NOT take responsibility of clients hosted websites and its content. We regularly check for abuse and we will remove and suspend users without prior notice if we receive a valid complaint.
19. Shared Hosting. Cannot be used as reseller accounts or to host multiple user accounts. Sites that use abnormal usage on shared hosting will be suspended immediately.
20. Reseller Hosting. We are not responsible for reseller clients' website and content. Resellers agree that they will defend and hold Neq3 Premium* harmless on this matter. Resellers CANNOT provide free hosting to clients in any way shape or form. This is so we can keep our servers free from abuse. We reserve the right to suspend sub-reseller accounts and reseller accounts for abnormal usage.
We have a right to change our TOS at any time
Neq3Host Team is 24x7 available for any queries that you have and we will always answered your submitted tickets that you are sending to us. Unlike as other hosting companies who leaves it open and never respond is Neq3Host never like that and it never will be.