NoMonthlyFees.com is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both NoMonthlyFees.com and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.
2. Definitions
A "NoMonthlyFees.com" refers to the web hosting service provided by MPC Internetworks, Inc. NoMonthlyFees.com refers to both this service, and to its operating company, MPC Internetworks, Inc.
B. "Customer" refers to you, the party requesting service from NoMonthlyFees.com and using services provided by NoMonthlyFees.com.
C. "The Service" refers to the service(s) provided by NoMonthlyFees.com to its customers, including, but not limited to, the use of space on NoMonthlyFees.com internet servers for the purpose of storing data to be transmitted across the Internet, the use of NoMonthlyFees.com Internet servers to process data and return information to visitors at customer web site(s), the use of NoMonthlyFees.com domain name servers to answer domain name queries for customer domain name(s), the use of NoMonthlyFees.com domain name registration services to register a domain name(s), and the use of NoMonthlyFees.com mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide.
D. "The ONLINE CONTROL PANEL" refers to the software
located in your Online Control Panel, currently located at yourdomain.com/cpanel/
The ONLINE CONTROL PANEL is a LICENSED SOFTWARE PRODUCT that we have NO DIRECT CONTROL over.
Thus, we provide no warranty or guarantee on the ONLINE CONTROL PANEL.
We provide no warranty or guarantee to MODIFY, EDIT, CHANGE, UPGRADE, DISABLE, FIX, or even keep updated the ONLINE CONTROL PANEL.
We pay a LICENSING FEE for the Online Control Panel, thus we cannot guarantee that we will continue to use the same
ONLINE CONTROL PANEL forever. We reserve the right to provide different ONLINE CONTROL PANEL software for any reason, without prior notice.
Examples of reasons that we may decide to provide different ONLINE CONTROL PANEL SOFTWARE include but is not limited to the following:
If the LICENSING FEE changes, the ONLINE CONTROL PANEL software becomes unstable or
insecure, etc.
E. "Annual Fee" refers to the respective
$35, $70, $100, or $200 Annual Web Hosting Fee that each and every client must pay to Nomonthlyfees.com in order to maintain web hosting service past the first year.
The Annual Web Hosting Fee is NON CANCELABLE AND NON
REFUNDABLE.
Annual Web Hosting Fee covers the costs
associated with registering and maintaining your domain name on our servers, as
well as paperwork processing, etc.
If you are signing up for new service, this contract guarantees that your Annual
Web Hosting Fee due one year from now will cost the amount
advertised at www.nomonthlyfees.com when you sign up for your web hosting account.
No guarantee is made as to what the price will be for subsequent years.
Annual Web Hosting Fees in the future can be lower or higher.
ALWAYS read your contract, which will state what the Annual Web Hosting Fee is for that contract.
If you are renewing your account, this contract guarantees that your Annual Web
Hosting Fee due one year from now will cost $35, $70, $100, or $200
depending on which type of account you are renewing as shown below:
Version 6.0 - $200 Annual Web Hosting Fee
Version 5.0 - $100 Annual Web Hosting Fee
Version 4.0 - $70 Annual Web Hosting Fee
Version1-3 - $35 Annual Web Hosting Fee
No guarantee is made as to what the price will be for subsequent years. Annual
Web Hosting Fees in the future can be lower or higher.
ALWAYS read your contract, which will state what the Annual Web Hosting Fee is for that contract.
E. "ALLOTTED DISK QUOTA" refers to the
amount of space advertised to you at www.nomonthlyfees.com when you ORDERED
your respective web hosting account.
5. Your responsibilities
A. You MUST supply appropriate payment for
NoMonthlyFees.com service before starting use of the service.
B. You MUST maintain a separate current copy of all data stored on
NoMonthlyFees.com servers on your own computer.
Backups of new/changed data and full backups are made monthly. No
guarantees are made of any kind, either expressed or implied, as to the
integrity of these backups. Backups are made for server restoration purposes
only. The client is responsible for keeping a complete and current copy of their
web site files as backup on a remote system (not on NoMonthlyFees.com Web
Hosting servers).
NoMonthlyFees.com Web Hosting is not responsible for any lost files,
information, or data. NoMonthlyFees.com Web Hosting does not guarantee to
possess the most current copy of a client's website. If loss of data
occurs due to an error of NoMonthlyFees.com Web Hosting, NoMonthlyFees.com
Web Hosting will attempt to recover the data at no charge to the client.
If data loss occurs due to negligence of client in securing their account
or by an action of the client, NoMonthlyFees.com Web Hosting will attempt to
recover the data from the most recent archive for a $50.00 fee.
C.
1. You MUST retrieve your E-Mail from our servers within 7 days and keep your
e-mail accounts clean. Any E-Mail Accounts containing e-mail that is stored on
our servers for more than 7 days may be deleted without notice. Any E-Mail
Account found to contain a virus will be deleted without notice. Additionally,
e-mail accounts found to be in violation are subject to modification to prevent
further problems.
Default Address (CATCH ALL) E-Mail accounts with greater than 100 Megs of E-Mail
stored longer than 24 hours may be MODIFIED by NoMonthlyFees.com staff and set
to :blackhole: to STOP unwanted storage and processing of unwanted E-Mail.
Default Address (CATCH ALL) E-Mail accounts with LARGE numbers of E-Mail being
processed and simply forwarding to another E-Mail account on or off network may be MODIFIED by NoMonthlyFees.com staff and set
to :blackhole: to STOP unwanted storage and processing of unwanted E-Mail.
2. You MUST retrieve your Anon-FTP files in your incoming directory from our
servers within 24 hours. Any Anon-FTP files that is stored on our servers for
more than 24 hours may be deleted without notice. Any Anon-FTP files Account
found to contain a virus, stolen or illegal file will be deleted without notice.
D. You MUST use the service only for lawful purposes.
E. You MUST comply at all times with our policies. In agreeing, you understand
that the policies can and will change periodically without notice. A complete
and updated list or our policies is located publicly at:
http://nomonthlyfees.com/policy.html
F. You MUST NOT use or install any type of script that does any of the
following: Enable Chat, Enable Telnet Access, Redirect visitors to different
parts of your site based upon the domain name (better known as redirection
scripts, intended to enable users to give people their own domain names by
detecting the domain name they are typing in, and then redirecting them into
another section of the site... usually a directory), spamming, smurfing,
sniffing, hacking, or any other illegal act.
G. You MUST allow us to contact you in any way shape or form for purposes that
we deem appropriate within the constructs of US Law. NoMonthlyFees.com will
contact you often via email in the form of a newsletter, a notification, an
advertisement, a survey, a question, an update, and any other form of email
contact that NoMonthlyFees.com deems necessary.
H. You MUST download to your home computer and keep any necessary backup of all
raw access logs each month. In order to conserver webspace, any and all access
log files from the previous month will be deleted on the first of each month.
I. You MUST not slander, libel, or publish defamatory information against us in
any way or manner.
J. You MUST NOT abuse the server in any way shape or form.
Abuse of the system will result in a
$100 fine, and/or termination of service. Abuse is anything that causes harm to
the servers or the service provided by NoMonthlyFees.com. Scripts that fall
under the area of abuse include Free For All links scripts, any formmail script
(we provide one for you to use) of any kind or any file named *formmail*.
Anything that attempts to access or uses ports. More info can be found here:
http://nomonthlyfees.com/policy.html
K. You MUST PRE-PAY for any and all Traffic that goes over your monthly
allowance.
Cost of extra traffic/bandwidth is $10 per gig. Only purchase traffic that you
will actually use in the calendar month that you are purchasing the extra
Traffic/Bandwidth. Traffic/Bandwidth purchases last for only the calendar month
that traffic is paid for. At end of calendar month, your Traffic/Bandwidth is
reset back to your normal monthly limit.
You MUST pay any and all Traffic Violation Fees as soon as you have been
notified of a Traffic Violation. Traffic Violations are subject to the following
policy:
TRAFFIC VIOLATION POLICY: All accounts are provided with a generous amount of
traffic. Traffic is always rounded using normal rounding methods... 5 and above
is rounded up, 4 and below is rounded down. Traffic means website hits, uploads,
downloads, anonFTP, normal FTP, E-Mail, Autoreponses, Returned E-Mail
processing, Mailing Lists, FrontPage use, etc. Basically, anything and
EVERYTHING that ever runs through your site counts towards your Traffic
allowance. Traffic is metered via INTERNAL software and is
extremely accurate. Client does not see or use or have access to the same
internal software that is used to meter Traffic. Client is provided with a THIRD
PARTY Site Statistics programs that is to be used for entertainment purposes
only, and is has no warranty or guarantee of any kind. The client is responsible
to notify NoMonthlyFees.com of any problems found with the Traffic Meter using
THIS FORM. The Traffic
Meter can be viewed 24 hours a day on the left hand side of the client Online
Control Panel. Client is required to check Traffic Meter every 24 hours and to
notify NoMonthlyFees.com as soon as a problem is detected using
THIS FORM. Once a
problem is brought to NoMonthlyFees.com attention, a NoMonthlyFees.com Manager
will investigate and report back to the client his/her findings. The finding of
the Manager is considered FINAL, and if an amount is due, client will be
expected to pay it immediately.
L. You must keep your account within your ALLOTTED DISK QUOTA.
Failure to do so will cause your account to be terminated without backup.
The charge for going over your ALLOTTED DISK QUOTA is $100 per 50 extra megs.
This MUST be paid IN ADVANCE so that you do NOT go over your ALLOTTED DISK QUOTA.
Software used in our Online Control Panel may fail from time to time, and may show your
quota to be different from what your ALLOTTED DISK QUOTA actually is.
Your ALLOTTED DISK QUOTA is ALWAYS your ALLOTTED DISK QUOTA, regardless if your
Online Control Panel fails and shows something different.
6. Service at Will
We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document, and/or our policies page. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.
You have the right to terminate your relationship with NoMonthlyFees.com at any time for any reason. You may notify us of your desire to cancel your service, in writing, via fax to (909)433-9847 or via US Mail to MPC Internetworks, Inc., 22737 Barton Road, Suite 7, Grand Terrace, CA 92313. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document.
If you request to have your service terminated or
your domain name transferred or your domain name hosted by another host either by directly requesting termination
of service or by not paying your annual fee, you can gain control over your domain name
registration (if it was registered by NoMonthlyFees.com) by doing the following:
1. Go to www.RegisterClub.com
2. Create an account for free.
3. Purchase a $20 Domain Registration Credit.
4. Open a Tech Support Ticket, and provide the www.RegisterClub.com username, and the
$20 Domain Registration Credit transaction id. Please tell tech support that you would
like to take control of your domain name registration per the Terms Of Service Agreement.
THIS DOES NOT RENEW THE DOMAIN NAME REGISTRATION. THIS ONLY GIVES YOU CONTROL OVER THE
DOMAIN NAME. IF DOMAIN NAME NEEDS TO BE RENEWED, YOU WILL BE REQUIRED TO PURCHASE ANOTHER
REGISTRATION CREDIT TO RENEW THE DOMAIN NAME.
7. Refunds
Nomonthlyfees.com provides you with a 30 day money back guarantee on all purchases EXCEPT the NON REFUNDABLE Annual Domain Registration/Administration Fee and ANY RESELLER PURCHASES. Reseller purchases are considered final, and no refunds will be given on ANY Reseller purchase. If a Reseller attempts to refund a charge IN ANY WAY, Reseller will be in BREACH OF CONTRACT, and will be subject to a fine not to exceed $10,000.00, suspension of any and all products, services, and accounts, and permanent account termination as well as any legal ramifications for breach of contract. In addition, ANY AND ALL FINES or Additional Fees that you incur while using our service including but not limited to Spamming Fines, Traffic Overage Charges, Abuse Fines are NOT REFUNDABLE and are NOT CANCELABLE in ANY WAY. If you request and receive a Refund for your purchase, and you have not paid ALL of your Fines and/or Additional Charges, you will leave with a BALANCE DUE. Balance Due means that you will NOT be given access to files stored on our servers, and if you ever return to host with us, you MUST pay all Balance Due BEFORE you can host with us again. In addition, if you receive a refund for your NON REFUNDABLE Annual Domain Registration/Administration Fee, you will leave with a BALANCE DUE, meaning, you will leave OWING us and the domain name that we paid for and registered for you will be the sole property of NoMonthlyFees.com, and if you want to use the domain in the future you will have to purchase it from us for the amount for one year domain registration.
Refunds resulting in OUR decision to terminate your service (as per section 6 of this document) will be issued or not, at our sole discretion.
8. Indemnification
You agree to indemnify, defend, and hold harmless
NoMonthlyFees.com and MPC Internetworks, Inc. from any and all liabilities,
penalties, losses, damages, costs, expenses, attorney's fees, causes of action
or claims caused by or resulting directly or indirectly from your use of the
service which end up damaging either you,
NoMonthlyFees.com,
MPC Internetworks, Inc.,
or any other parties or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all issues associated
with your account, including but not limited to domain name selection, site
content, site data, email, files, and any other web site content of any kind.
You agree to indemnify, defend, and hold harmless NoMonthlyFees.com and MPC
Internetworks, Inc. from any and all liabilities, penalties, losses, damages,
costs, expenses, attorney's fees, causes of action or claims caused by or
resulting directly or indirectly from NoMonthlyFees.com providing Support, Tech
Support, or Customer Service to you, or your site which end up damaging either
you, NoMonthlyFees.com, MPC Internetworks, Inc., or any other parties or parties
without limitation or exception. This indemnification and hold harmless
agreement extends to all issues associated with your account, including but not
limited to domain name selection, site content, site data, email, files, and any
other web site content of any kind.
9. Warranties
A.
Aside from said uptime guarantee, NoMonthlyFees.com makes no warranties or
representations of any kind for the services being offered. The service is
provided on as "as is" and "as available" basis without warranties of any kind,
either expressed or implied, including but not limited to warranties of title,
non infringement, or implied warranties of merchantability or fitness for a
particular purpose. No advice or information given by
NoMonthlyFees.com
or its agents or employees shall create a warranty.
NoMonthlyFees.com
provides not warranty that the service will be uninterrupted or error free or
that any information, software or other material accessible on the service is
free from viruses or other harmful components. Under no circumstances shall
NoMonthlyFees.com
be liable for any direct, indirect, special, punitive or consequential damages
that result in any way from your use of or inability to use the service, or for
third parties use of the service to access your Web space, or to access the
Internet or any part thereof, or your or any third parties reliance on or use of
information, services, or merchandise provided on or through the service, or
that results from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any failure of performance. If
you are dissatisfied with NoMonthlyFees.com
service or any of its terms, conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to discontinue using the service.
99.9% Uptime Guarantee: NoMonthlyFees.com guarantees that its internet backbone
will stay up 99.9% of the time. If in any given month, the backbone does not
stay up for at least 99.9% of the time - NoMonthlyFees.com will upon client
providing sufficient proof of the outage provide client with one free site
submission to a minimum of 50 search engines/classified ads sites. Service
outages not relating to the internet backbone including but not limited to
client local ISP outage, hackers, acts of god, war, server hardware failures,
client computer outages, etc are not covered by this guarantee. In order to
redeem guarantee, send an email to
webmaster@NoMonthlyFees.com with the exact dates and times of outage
including proper traceroute showing the domain is inaccessible.
30 Minute Account Setup Guarantee: NoMonthlyFees.com guarantees that it will
setup your account within 30 minutes. If we do not, NoMonthlyFees.com will upon
client providing sufficient proof of the failure to setup your account within 30
minutes provide client with one free site submission to a minimum of 50 search
engines/classified ads sites. In order to redeem guarantee, send an email to
webmaster@NoMonthlyFees.com
with the exact date and time.
B.
SUPPORT
NoMonthlyFees.com provides ONLY basic technical support on the BASIC functions and features
listed below that are included in our web hosting plans.
NoMonthlyFees.com will provide basic technical
support on the following issues/subjects ONLY:
NoMonthlyFees.com will NOT provide any technical support OF ANY KIND on the following ONLINE CONTROL PANEL issues/subjects:
NoMonthlyFees.com will NOT provide any technical support OF ANY KIND on the following issues/subjects:
10. Free Domain Name Information And Instructions
NoMonthlyFees.com provides each and every fully
paid web hosting account with the opportunity to receive a free .com, .net, or a
.org domain name. You can read the Free Domain Name policy that is PUBLICLY
LOCATED HERE:
http://nomonthlyfees.com/free_domain_info.htm
If you request to have your service terminated either by directly requesting termination
of service or by not paying your annual fee, you can gain control over your domain name
registration (if it was registered by NoMonthlyFees.com) by doing the following:
1. Go to www.RegisterClub.com
2. Create an account for free.
3. Purchase a $20 Domain Registration Credit.
4. Open a Tech Support Ticket, and provide the www.RegisterClub.com username, and the
$20 Domain Registration Credit transaction id. Please tell tech support that you would
like to take control of your domain name registration per the Terms Of Service Agreement.
THIS DOES NOT RENEW THE DOMAIN NAME REGISTRATION. THIS ONLY GIVES YOU CONTROL OVER THE
DOMAIN NAME. IF DOMAIN NAME NEEDS TO BE RENEWED, YOU WILL BE REQUIRED TO PURCHASE ANOTHER
REGISTRATION CREDIT TO RENEW THE DOMAIN NAME.
11. Renewal
In order to renew this contract, you must pay an
Annual Fee.
No guarantee is made as to what the price will be for subsequent years. Annual
Domain Registration/Maintenance Fees in the future can be lower or higher.
Please ALWAYS read your contract, which will state what the Annual Domain
Registration/Maintenance Fee is for that contract.
You must pay your bill on time. If you fail to pay
your bill on time, your account and all files will be terminated without backup.
12. Notice Under the Electronic Communications Privacy Act (ECPA)
NoMonthlyFees.com reserves the right to monitor any and all communications through or with our facilities. You agree that NoMonthlyFees.com is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.
13. Prior Agreements
This agreement supersedes any written, electronic or oral communication you may have had with NoMonthlyFees.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
14. Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.
15.Jurisdiction
This agreement shall be governed by the laws of the State of California.
16. Acknowledgement
By placing and continuing to maintain or place information on NoMonthlyFees.com servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them.