The legal entity known as "Neonhost Corporation", incorporated in the State of Delaware, shall be referred to as "NeonHost" hereinafter.
Neonhost Corporation reserves the right to change these Terms and Conditions, and all other information available on this Web site, in its sole discretion and without notice. These conditions set out the entire agreement between Neonhost Corporation and you relating to your use of this Web site. Use of this site indicates your acceptance of these terms.
This web site is owned and operated by NeonHost. Except where otherwise indicated, the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to NeonHost, its licensors and its content providers, and is protected by copyright, trade dress, trademark and other laws relating to intellectual property rights, of both the United States and foreign jurisdictions. Unauthorized use of the materials available on this web site is strictly forbidden.
Neon Host logos are trademarks of Neonhost Corporation, protected under the laws of both the United States and foreign jurisdictions. Other parties' trademarks or tradedress used, depicted or identified on this Web site are the property of their respective owners and may be similarly protected. Use on this Web site of the trademark(s) or tradedress of any other party is not intended to imply the affiliation of Neonhost Corporation with or its endorsement of that party, or that party's sponsorship or endorsement of Neonhost Corporation, its products or services.
NEONHOST CORPORATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. NEONHOST CORPORATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, GRAPHICS, AND/OR LINKS. NEITHER NEONHOST CORPORATION NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS REPRESENTED OR PROVIDED THROUGH THIS WEB SITE, EVEN IF NEONHOST CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Request of services will be deemed to constitute acceptance of the terms, conditions, rules and regulations of Neon Host. The rights and responsibilities conferred by acceptance of this agreement are non-transferable.
Neon Host offers a 30 day money-back guarantee to any dissatisfied customer. Neon Host reserves the right to refund partial payment or deny refund requests altogether for any of the following reasons: abuse of service, hosting of any adult content, spamming, or other malicious activity. Neon Host also reserves the right to deny a refund to customers who have used a significant portion of their bandwidth quotas. Neon Host generally defines significant bandwidth usage to be above one third of the total bandwidth quota. Neon Host, however, reserves the right to evaluate bandwidth usage on a case-by-case basis. Refunds must be requested within 30 days of account activation.
Cancellation requires a 7 day notice and must be e-mailed to support@neonhost.com. Inactive but non-cancelled accounts will continue to be billed.
Neon Host will take action against any parties found in violation of this policy. Neon Host reserves the right to terminate service at any time and without warning when a violation of our policy has occurred.
Any complaints regarding prohibited use or other abuse of the Neon Host Network, including violations of this Acceptable Use Policy, should be sent via e-mail to Neon Host at: abuse [at] neonhost [dot] com. Please include all applicable information that will assist Neon Host in investigating the complaint, including all applicable headers of forwarded messages
If any paragraph or part of this agreement is held to be unenforceable or invalid, the agreement shall remain in force and effect and the invalid portion of the agreement shall be treated as if omitted.
This agreement shall be made part of but shall survive other account or subscription agreement entered by the parties hereto, unless otherwise specified. We reserve the right to amend our rules, regulations and prices without prior notice. Whenever possible such shall be made available on our web site at http://www.neonhost.com.
Non-enforcement or waiver of any section of this agreement does not constitute consent or continuing waiver. Neon Host reserves the right to enforce this agreement at its sole discretion.
Neon Host does not normally monitor the contents of packets and is not liable for the contents of any communications made on its network.
As a result of not following the Terms and Conditions, there may be fines imposed, disruption of service, termination of services, and possible legal consequences. Neon Host's procedure is to deal with each net-abuse case on an individual basis. Based on an in-depth investigation and a determination of the severity.
All of the following are expressly prohibited and may RESULT IN SERVICE TERMINATION, PROSECUTION, AND/OR FINE:
Users are prohibited from interfering or attempting to interfere with service to any other user, host, or network on the Internet ("denial of service attacks"). Examples of such prohibited activity include without limitation (a) sending or receiving massive quantities of data (i.e. "flooding" with ICMP, SMTP, or any other type of traffic that exceeds accepted norms of size and/or frequency) with the intent of filling circuits, overloading systems, and/or crashing hosts, (b) attempting to attack or disable any user, host, or site, or (c) using, distributing, or propagating any type of program, script, or command designed to interfere with the use, functionality, or connectivity of any Internet user, host, system, or site (for example, by propagating messages, via e-mail, Usenet posting, or otherwise, that contain computer worms, viruses, control characters or Trojan horses).
Use of service in such a way as to willfully or negligently burden our servers disk space, CPU, network or other resources or to effectively use resources to cause a "denial of service" for other NYI customers or those connected to other systems or servers on the network.
Lack of Administration leaving common exploits opened to vulnerability. Customers are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a user's site be violated, the customer is responsible for reporting the violation and then fixing the exploited system.
Sending unsolicited bulk e-mail ("UBE", or "spamming") is STRICTLY PROHIBITED. This includes, but is not limited to, the distribution of UBE for commercial, informational, advertising, political, or religious purposes. Willful or negligent disregard of the privacy and/or autonomy of other user(s), notably by sending e-mail or flooding Usenet newsgroups (spamming).
Performing any act that is prohibited under common law or the statutes or regulations of the City of New York, the State of New York, the State of Delaware, the United States of America, or under any applicable international convention.
Use of Shell Servers, Egg Drop Servers, IRC "bots", and IRC servers and clients.
Any Pornographic content being hosted on Neon Host's network.
Any actions deemed by Management of Neon Host to be damaging to the reputation of Neonhost Corporation and its ability to serve its clients.