USER AGREEMENT : Nuwair Systems Web Services (hereafter called “we” or “Nuwair Systems“) provide Domain Name Registration, Web site hosting and Web based application development. All services provided by Nuwair Systems may be used for lawful purposes only. We reserves the right to refuse service and/or access to its servers to anyone, to suspend or cancel any client,s access to any portion or all of our services due to any inappropriate usage of these services.
WEB HOSTING : The client is responsible for programming and for uploading the Web site to our Web servers. We do not provide free Web site development, consulting, programming, or debugging services. The client is responsible for keeping a complete and current copy of Web site files as backup on a remote system (not on our servers). We are not responsible for any lost files, information or data. Our backup tapes are for backing up our system configurations and databases and are NOT for keeping backups of client Web sites. Should any data need to be recovered from our backup tapes, there will be a restoration charges, on as-is/available basis. We do not guarantee to possess the most current copy of a client,s Web site.
CANCELLATION: All services including but not limited to web hosting, domain registration/transfer, hiring developers & web designers are on monthly, quarterly, semi-annual and yearly basis as mentioned in the product/plan descriptions. By placing order online, you agree to inform us at least 30 days before the next renewal anniversary date. In failure doing so, your account will remain active and will be auto-renewed after every renewal anniversary date unless if advised and all charges would be due in advance on the term renewal beginning date.
SYSTEM UPDATES : The client understands that system updates occur in real time and as queued batch processes. For example, account Passwords are currently updated as queued batch processes; therefore the update does not occur in the system instantaneously. We reserve the right to modify the processing times at any time without notice. If a client or our support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible for ensuring these updates have occurred in our system.
ILLEGAL ACTIVITIES : Including but not limited to storing and/or distributing illegal copies of copyright software, hosting/maintaining inappropriate sites, violating trademarks and copyrights, violating US & International laws, selling and/or distributing illegal contraband.
ILLEGAL USE : Nuwair Systems services may not be used for illegal purposes, or in support of illegal activities. Nuwair Systems reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harassment : Use of the Nuwair Systems service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
COLLECTION OF PERSONAL DATA : Use of the Nuwair Systems service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
INTERNET ABUSE : including but not limited to: spamming – mass unsolicited emailing, posting obscene or inflammatory messages, nudity, threatening other Internet users, and spamming our support staff. Any adult content will be put off the web server as and when or system notices and the client,s account will be terminated without any refunds.
SYSTEMS ABUSE : including but not limited to using excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients, accounts (hacking), installing continuously running programs, and reselling CGI scripts.
We do not censor our customers, Web sites, although our policy strictly prohibits adult sites. The determination of what is adult content & prohibited, shall be made solely by us. Should a policy violation occur, we reserve the right to terminate the account without any notice and the client will be held responsible for any damages to our business, system, servers, connectivity, reputation, service, network, operations or equipment resulting from its actions including, but not limited to, government actions, vandalism, retaliation and claims of libel, unfair competition, infringement of patent, copyright, trademark, service mark, or other intellectual property rights, violation of privacy, or other kind of tort.
DOMAIN NAME REGISTRATION : Domain Name registration is on a First-come-first-serve basis. We will not be responsible for the availability of the Domain Name in the 3-4 days that it can take to register a Domain Name. In between you register a domain name through our website & by the time payment is received from you, it might happen that during this period the domain name is booked by some other individual or organization. In such a case we would not be responsible. The payment to this effect would be refunded in case the client does not want to book another domain name. Domain registration Fees and setup fees, if any, are non-refundable. Spelling mistakes in domain name registration cannot be claimed. Before registration, it is client,s duty to make sure that spellings are correct.
PAYMENT POLICY : All services are provided on a prepayment basis. We accept Major Credit Cards via PayPal, Bank Draft/Certified Check/Banker,s Check & Demand Draft. Though we can alter the payment methods at any time without prior notice. All monetary transactions will occur in U.S. Dollar currency in advance. Any defaulted account and past-due payments will be handed over to a collection agency and/or will be subject to a legal prosecution and you agree to reimburse all fees/charges incurred in connection with the collection efforts and legal prosecution. If your account is defaulted in payments, your all and/or portion of the services may be turned off with prior notice. If account is suspended due to non-payment which is over 30 days due, a re-activation fee of US $50 may be charged.
SERVER ABUSE : Any attempt to undermine or cause harm to a server(s), or customer(s) of Nuwair Systems is strictly prohibited.
UNAUTHORIZED USE/ATTACK OF OTHER CUSTOMER(S) ACCOUNTS OR COMPUTERS : We immediately react to any use or attempt of an Internet account or computer without the owner,s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, hacking etc.
Any unauthorized use of account or computer by any of our customer(s), whether or not the attacked account or computer belongs to Nuwair Systems, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
ZERO TOLERATE UNSOLICITED EMAILS/SPAMMING : Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list,s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be charged a fine of US$.100.00 per sent Spam. Upon your third offense your account with Nuwair Systems will be terminated. No refunds will be given if your account is terminated for Spam.
CGI SCRIPTS : Each account comes with its own Universal cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning. Universal CGI-BIN means you can put your .pl files anywhere in your www directory. We support both .pl and .cgi files on the server.
ABUSE OF SMTP SERVERS : We only allow our clients/customer(s) to use our SMTP server with no illegal activities/techniques and any unauthorised use such as spamming.
BACKGROUND RUNNING PROGRAMS, IRC, ETC. : We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. We currently do not allow IRC or IRC bots to be operated on our servers.
PAYMENT POLICIES : All accounts are set up on a pre-payment basis. All prices are guaranteed for the term of pre-paid contract. We reserve the right to change prices at any time, unless other terms have been agreed upon. We also reserve the right to change rates or pricing policy at any time but the customers who have paid for their account will continue with the same old price for their current already-paid billing cycle. By placing order online, you agree to all this terms and condition including your commitment to make payment on time.
INDEMNIFICATION : Customer agrees that they shall defend, indemnify, save and hold Nuwair Systems harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney,s fees asserted against Nuwair Systems, 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, it,s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nuwair Systems against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (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 customer from our servers.