NextGen Web Hosting | Terms of Use/Acceptable Use Policy
Terms of Use/Acceptable Use Policy PDF Print E-mail

Client Content Restrictions

The following items are prohibited at all times on any of our servers and web hosting accounts:

  • Chat and/or IRC clients of any type.
  • Forwarding email to any email address located at aol.com.
  • Any Wordpress caching modules, due to the effect they have on server resources. These include, but are not limited to, the ones listed here.
  • Content of any type that is considered against the law in the United States.
  • Content that infringes on any legally valid trademarks.
  • Pirated software or any other illegally copied, distributed or downloaded software or media including, but not limited to, content that is deemed illegal by the Digital Millennium Copyright Act of 1998.
  • Content of any type that is detrimental to public health, including, but not limited to, sites that promote terrorism or weapon-making.
  • Gambling or casino sites of any type, or sites which host or have links to gambling software.
  • Sites which host or link to adult content, pornography of any type. NextGen Web Hosting maintains a zero-tolerance approach to sites which host or link to child pornography or any other adult content.
  • Running any gaming servers or web indexing "spiders" from your hosted site.
  • Running any torrent tracker, client or other torrent application.
  • Hosting any file-sharing, peer-to-peer sites, banner exchanges or downloadable file archives.
  • Scripts of any type which use excessive server resources, including cron jobs that have a running time of less than 15 minutes or users who consume more than 15% of available server resources for over ninety seconds.
  • Any backups of locally hosted data on our web servers. NextGen Web Hosting is not a computer or network backup/storage service.
  • Any other material that we deem inappropriate.
  • Any other material that is listed as prohibited on this page or website.

Backup & Data Loss

Backups are preformed regularly (weekly, as well as every eight hours) on NextGen servers to ensure any data loss is kept to a minimum. While we do everything we can to ensure an error-free backup process, we are not to be held responsible in the case of missing, corrupted, damaged or otherwise unavailable backups. NextGen also assume no responsibility for the loss of any data published, uploaded or otherwise stored on our servers at any time. It is the sole responsibility of the client to ensure that they maintain a second copy of any data stored on any servers in the rare event that data is lost and there are no means for retrieval available.

Data Access

We pride ourselves on ensuring that our clients, and the visitors to their sites, have access to their data at all times, which is why we provide a 99.9% uptime guarantee. During the rare occurrence when a client is not able to access their data, NextGen Web Hosting assumes no responsibility the period of data access hindrance. However we will work as hard as we can to make the server, and your data, accessible again.

Per the rules of our server administrators, 80% of all client data must be publicly accessible. Also, any downloadable media over 500KB must not exceed anything over 20% of your plan's allotted disk space.

Bandwidth Overages

If a client exceeds their plan's allotted monthly bandwidth, their account will automatically be suspended for that month, and then unsuspended the next month. The only way to undo this hold is by upgrading the bandwidth quota for you account at an additional monthly fee.

Support Regulations

We make very effort to respond to support requests as fast as possible, and our support staff will treat customers with respect, courtesy and friendliness when they submit questions to us. In return, we ask the same from our customers when they create tickets or reply to them. If our support staff or support managers feel that you are treating our staff in a rude or inappropriate manner, we reserve the right to ask you to move your site's hosting somewhere pending a 14-day grace period for you to find another host and then your account will be suspended from our servers.

We will also gladly assist you with the installation of any web software to a reasonable extent, however we will not be held responsible for the accidental mis-installation or mis-configuration of software you provide us.

Account Cancellation

In order to cancel your account, you must email This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will reply appropriately. All account cancellation requests must be received and reviewed by a NextGen support supervisor or support manager before being officially canceled. In order to have your account canceled that same month, you must submit your account cancellation request at least 9 days before your next recurring invoice is scheduled to be due. If this condition is not met, your account will be billed for that month- no exceptions. Your user data will be verified by our staff and then after final conformation, your account, and all data you have stored on our servers will be deleted upon your final conformation. It is your responsibility to locally backup any data you would like to keep off of your account- once your data is gone, it's gone.

We also reserve the right to cancel a customer's hosting account for any reason at any time. While we will not simply cancel your account for "no reason", we will notify you with a proper reason for cancellation and give you a fair notice to backup your data and move your business to another provider. If we do not provide a reason for cancellation, we shall refund your current month's account balance. Unless otherwise noted, your account will not be refunded for an account suspension caused by a violation of our terms of use. In any condition though, fees for domain registration and account/product/service setup fees are not refundable.

NextGen also guarantees the price of your domain for the length of your monthly billing period. However, when your plan is renewed, your plan's price is still subject to change.

Data Security

While we make every effort we can to ensure that the data our customers upload to their hosting accounts is kept secure, we can not guarantee the security of customer data on our servers from hackers or any other means. Therefore, we advise our customers to maintain strict account passwords, which shall not be shared with anyone other than the account holder. It is also the sole responsibility of our customers to maintain their account's information to prevent terms of use violations or other usage problems or policy breakages.

Bulk Emailing Policy

We follow a zero-tolerance and strict policy for clients who use their account to send, contribute to or directly engage in bulk emailing, unsolicited commercial email or any other version of spam. All emails sent from domains hosted by us must be sent with pre-permission from the recipient before being sent. Any authorized bulk emailing sent from NextGen hosted domains/websites must comply with all parts of the FTC's Can Spam Act of 2003. Any violation of this rule will result in immediate account termination with no refunds.

Legal Account Ownership

The contact we bill at each invoice is legally considered by us as the official account holder. Account transfers must be submitted to us through NextGen support, and while we do not charge a fee for transferring accounts, we do ask that you contact us so we can make note of the account transfer in our records.

Liability Release

Clients, as well as the public, must acknowledge that we are not responsible for the content hosted on our client's sites and that we do not endorse any content hosted on our client's sites. We are also not responsible for the business losses of our customers, on their sites or off. We are also not responsible for uploaded files that fail for an reason (data integrity). We do not also assume responsibility for the circumstance where a customers registers and hosts a trademarked or patented domain name on our servers. Also, we reserve the right to not activate or install a customer's account for any reason. Video, photos or other media uploaded to client sites must be created or legally owned by the client before being uploaded. Finally, section names (in orange print) on this document are to be used only as a convenience to you and not as an actual summary as to what is contained in those sections. We are to be held harmless and to be indemnified from any legal action which comes from our client's use of our services.

Agreement To Terms

The client's failure to agree with any part of this hosting agreement will constitute to the client's sole misunderstanding. By being a customer of NextGen, you signify that you agree with the terms listed on this page. If you do not agree with this document, in full or in part, do not continue to use or sign up for services or products from us. In the event that this document is changed, it is the sole responsibility of the client to check this page and view the changed sections of this document.

Changes To This Document

We also reserve the right to change this policy at any time, in part or in whole, without notifying users and/or visitors. It is your responsibility to check this page periodically to ensure you stay in agreement with these terms.

 


 

Should you have any questions regarding these terms or you wish to report a violation of these terms by someone, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Our legal team will get back to you if your issue requires a response.

Last Updated on Wednesday, 17 November 2010 06:55