Terms Of Service
Numatek LLC agrees to provide the client web hosting for a monthly/annual fee. Numatek LLC will never require clients to advertise for Numatek LLC on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites or content.
Content:
All services provided by Numatek LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Numatek LLC from any claims resulting from the use of the service which damages the subscriber or any other party.
Note:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Numatek LLC will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software
Background-running Programs:
As a general rule we do not allow background-running programs. 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.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through Numatek LLC's services may be subject to protection under United States (or other federal) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Numatek LLC service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Numatek LLC network or the EV1Servers network. If you use a domain name in connection with the Numatek LLC web hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security:
Customers may not use the Numatek LLC Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Numatek LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service:
Numatek LLC reserves the right at its sole discretion to refuse or cancel service. Violation of any of Numatek LLC' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
Spam or Unsolicited E-Mail:
You must not use the Numatek LLC network, Numatek LLC equipment or any Numatek LLC email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Numatek LLC network, Numatek LLC equipment or any Numatek LLC email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, Numatek LLC reserves the right to disable your domain without warning. In addition, Numatek LLC may impose a USD $200 penalty for each spam policy violation. Numatek LLC solely reserves the right to refuse or cancel service to known spammers. Lastly, Numatek LLC reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Numatek LLC server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Numatek LLC (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Numatek LLC, 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 Numatek LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Numatek LLC server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Numatek LLC to the amount paid for service.
Cancellations & Refunds:
All cancellations must be received at least 5 business days prior to your monthly\yearly billing date. On yearly plans, if you decide to cancel your service prior to the yearly renewal date you will be refunded all unused months less a $25 processing fee. If you have activated your account within 15 days of your request, we will give you a full refund unless your account has been connected with anything in violation of our terms of service.
Domain Names:
Any domain names registered by Numatek LLC will be owned by Numatek LLC while your web site is hosted on one of our servers. When your account is cancelled, terminated, suspended, or becomes inactive in any way, Numatek LLC will remain the owner of the domain until a USD$20 fee for transferring the name to a new owner is paid. When this is paid, Numatek LLC will transfer the name to the person who signed up with Numatek LLC previously. Domains may not be refunded in any situation.
Disclaimer
Numatek LLC and staff will not be responsible for any damages your business, self, or organization may suffer. Numatek LLC and staff makes no warranties of any kind, expressed or implied for services we provide. Numatek LLC and staff disclaim any warranty or merchantability or fitness for a particular purpose. This includes but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Numatek LLC and its employees. Numatek LLC makes no "uptime" guarantees.
Numatek LLC keeps backups of sites, databases, and server configurations regularly. Numatek LLC can accept no responsibility for any loss of data or consequences arising from this. Numatek LLC always advises clients to back up their site data regularly for its own protection.
Numatek LLC furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Numatek LLC. A customer's failure to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Numatek LLC then Numatek LLC will not be responsible for maintaining hosting for the resellers customers.
Finally, Numatek LLC wishes to emphasize that in accepting services, customers indemnify Numatek LLC for the violation of any law or Numatek LLC policy that results in loss to Numatek LLC or the bringing of any claim against Numatek LLC. This means that if Numatek LLC is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Numatek LLC, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation and, possibly, further consequences.
Numatek LLC reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.