Terms of Service
You are responsible for making sure that we have your current and correct contact information on file, by frequently logging in to your Client Portal. We reserve the right to send announcements and invoices relating to your services with us. No more than twice a month we may email you information on promotions or discounts relevant to services we offer. You may not report these messages as spam. Doing so may be considered grounds for termination of your account. Nibble Netwrx LLC will NOT give your email address or any other identifiable information to any third party expect under the direction of Law Enforcement officials.
Hosting Accounts: Individual, Shared, Reseller or VPS hosting accounts setup on a server with other Nibble Netwrx LLC customers. Dedicated Server, Colocated, and DIA customers are not included in this group.
Dedicated Servers: Private server(s) setup for usage by an individual customer. Customer may choose to use his or her dedicated server to host other accounts, but no other Nibble Netwrx LLC customer will be setup on the same server. Managed Dedicated Server clients do not get root access unless a separate agreement is arranged outside of this ToS.
Colocated: Equipment placed in the Nibble Netwrx LLC colocation facility by an individual customer. Customer retains ownership and control of equipment. Nibble Netwrx LLC simply provides space, power and bandwidth.
DIA: Network Connection to a Individual Customer for use at their own location. Nibble Netwrx LLC simply provides bandwidth over the Cross Connection medium (Ethernet/Fiber). Individual Customer is responsible for obtaining a Letter of Authorization (LOA) from Nibble Netwrx LLC and a cross connect from the facility in which they wish to cross connect.
You/Your: All Nibble Netwrx LLC customers and potential customers considering signing up for services with Nibble Netwrx LLC
Nibble Netwrx LLC: A legal Florida Limited Liability Corporation – Nibble Netwrx LLC
Money Back Guarantee
All new customer hosting accounts have a full money back guarantee, upon cancellation within 30 days of ordering service, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to Nibble Netwrx LLC, by the account holder, and to the bank account, credit or debit card or PayPal account the payment was originally paid from. Domain Registration fees are NON REFUNDABLE. If we register a domain name, on your behalf, as part of a free registration promotion, cancellation or termination of your account will void the promotion offer and you will be charged $20.00 per registration year remaining on your domain name registration.
You may cancel your account at anytime, however Nibble Netwrx LLC has a No Refund Policy. To cancel your hosting account, you must submit a request via our Client Portal help desk.
Dedicated servers are not covered under any money back guarantee. Dedicated server cancellations must be submitted to our online Client Portal help desk at least 7 days before your next invoice is due, or you will be charged for an additional month. There are no partial refunds given for early termination.
Billing and Payment Cycles
If, at any time, a chargeback is issued through your credit card company, bank or PayPal (including PayPal disputes), we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts. Upon receiving a Chargeback, your account will be invoiced $50.00 for the Chargeback fee. Any chargebacks and chargeback fees will be charged 12% Interest Annually until paid from the date the chargeback is received.
If, at any time, your account is referred to collections, you are responsible for all collections activity charges.
Services are invoiced 14 days before your billing cycle ends, with several reminders sent until the account due date. Overdue invoices are charged a normal late fee (10% of Invoice). Hosting accounts are suspended when they go 3 days past due and terminated 30 days past due. Dedicated Servers have no grace period and are suspended immediately upon going past due, and terminated when they go 5 days past due, unless previously arranged.
You are responsible for logging into your Client Portal and to submit payment at the end of each billing cycle, unless you are set up for automatic debit from the credit or debit card on file or have a PayPal subscription. Invoices are emailed to the email address you on on file with us in your Client Portal, approximately 2 weeks before your billing cycle ends. We accept most major credit cards as well as PayPal and Electronic Check.
IMPORTANT: You can choose to pay your invoices with the PayPal subscription service. With a PayPal subscription, you are telling PayPal to send us a certain amount of money on a certain date UNTIL YOU TELL THEM TO STOP PAYING US. If you accidentally set up two PayPal subscriptions, then PayPal will pay us twice. We have no way to “take” money from your PayPal account. If you accidentally overpay us via PayPal subscription, you need to cancel your PayPal subscription from within your PayPal account and contact us immediately. Nibble Netwrx LLC will only refund ONE PayPal subscription overpayment, all others will be credited to your billing account for future payments. If you cancel and still have PayPal subscription payment credits left, you will loose those credits.
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all hosting accounts and servers are well taken care of. Any network problem, equipment/hardware failure, data backup and storage or outage, that is not covered under our Service Level Agreement will not be grounds for reimbursement for any subsequent financial damages or losses. All data backups are the account holders responsibility. Although we do make regular system wide backups of our hosting account servers, VPS/Dedicated server customers may choose to purchase backup services or Managed services that include backups. Nibble Netwrx LLC is NOT responsible for data backup integrity or subsequent loss. Accounts should not be used for mission critical websites or email that require absolute redundancy. Managed VPS and Dedicated servers are not guaranteed against any hacking attempt, denial of service attack, security breach, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of Nibble Netwrx LLC, you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe redundant hosting services, contact us for special arrangements and related contracts.
Unsolicited E-mail (anti-spam policy)
Accounts caught sending unsolicited, as defined by Nibble Netwrx LLC, email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50.00 per complaint filed. If your account causes our services to become blacklisted with repeated complaints, a fee up to $250.00 may be charged as an Administrative Fee for cleaning up the blacklisting. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Nibble Netwrx LLC server or network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically contended for you to do so.
Nibble Netwrx LLC reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS – EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 2003, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service.
*Unsolicited is defined, by Nibble Netwrx LLC. as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use
If your hosting account, with Nibble Netwrx LLC goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our cPanel hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will automatically suspend until the next month or unless you contact us for an upgrade.
Account Termination and Suspension
Violation of any of our Terms of Services will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by Nibble Netwrx LLC, will be removed from our servers without notice. Abusive behavior towards the Nibble Netwrx LLC staff, will not be tolerated and is grounds for immediate account termination. Any threats of legal action involving Nibble Netwrx LLC, its owners and/or staff will be grounds for immediate suspension and all further communication will be through our respective attorneys. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Using your account for IRC/BBN purposes is not allowed on our servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to look through account logs and evidence that we provide. Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network.
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
Hosting accounts are suspended immediately if an invoice goes 3 days past due (dedicated servers have no grace period). All accounts listed in your billing account are subject to suspension if you have any past due invoices for any service. If you need to make payment arrangements, or if your account has been suspended, please contact us immediately.
This Terms of Service agreement may be amended, at any time, at the discretion of Nibble Netwrx LLC Notification of amendments will be emailed to the address we have on file in billing and posted to our website. All accounts are required to comply with any changes made to these policies unless an account cancellation is requested within 3 days of the Terms of Service amendment. You are required to keep a valid and current email address on file with us, in your billing account. We are not responsible for lost or misdirected email. We strongly suggest you check our website frequently for updates to this Terms of Service agreement.
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.
Domain Name Registration and Renewal Policy
All domain name registrations, transfers and renewals we offer are through our Partners. You agree not to hold Nibble Netwrx LLC responsible for any domain name registration, renewal, transfer dispute. We have registered 1000s of domains through our partner and believe they will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. On Renewals/Transfers, it is advised to login to the Client Portal and verify the Next Due Date to ensure the order was processed. If not please contact us so we can work with you as well as eNom to rectify the issue. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires. An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domains that fall into Redemption Mode for any reason are the responsibility of the Client. Nibble Netwrx LLC will make all reasonable efforts to renew domains but cannot be held responsible if a domain falls into Redemption Mode.
Client agrees to defend, indemnify, and hold Nibble Netwrx LLC harmless from any and all demands, liabilities, losses, injury, costs and claims, including reasonable attorney’s fees asserted against us, our tenants, our customers, officers and employees, that may arise or result from any service provided or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, copyright infringement, or defective products by customer, our agents, employees or assigns.
In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America. Exclusive Venue and Jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in Orange County, Florida. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.