This agreement represents the complete agreement and understanding between NiveaHosting.com and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Nivea Group Services may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered with or without prior notification.
If you do not agree to these terms and conditions, please notify our Billing Department (firstname.lastname@example.org) so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. We reserve the right to refuse service to anyone.
1. NiveaHosting.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. Nivea Group Services also disclaims any warranty of merchant ability or fitness for a particular purpose. NiveaHosting.com will not be responsible for damages the customer suffers. This includes but is not limited to, loss of data resulting from hardware failure, hacks & malware attacks, delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber’s errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by NiveaHosting.com Service may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material, material that is with adult content only. Nivea Group Services reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. Pornography and Child pornography are prohibited, including: sexual content, or direct links to adult content elsewhere. This is applies for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. Examples of non-acceptable content or links are: Pornography, Child Pornography, Hackers applications/archives, Warez sites, proxy applications, IRC, rapid leach, torrents, torrents listings, spam applications.
3. Customer agrees to defend, hold harmless and expeditiously indemnify NiveaHosting.com from any liability, claim, loss, damage or expense arising out of the indemnifying party’s loss of data due to any technical / non-technical incident or breach / violation of any covenant contained in this Policy and resulting from the Customer’s use of the service.
4. NiveaHosting.com reserves the right to cancel service for any reason without prior notice. In case of cancellation, if agreed by NiveaHosting.com Services, unused fees may be returned to the subscriber on a pro-rate basis. Fees for domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, any license fees for products purchased through us, and IP are not refundable. If a customer re-registers after NiveaHosting.com cancellation of the account without consent, NiveaHosting.com will cancel Customer’s account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
5. Domain name registration/transfer, domain protection, site builder, setup fees (if apply) are not refundable. A License fee will be deducted from all canceled accounts that have activated their web builders prior to the account expiration date. All specials/free optional services need to be redeemed within the first 2 months (including: free domain registration, SSL, static IP, domain ID protection).
6. Refunds are subjected to agreement by NiveaHosting.com
7. Additionally, CUSTOMER agrees not to utilize the Nivea Group Service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Violating this clause may result in service interruption or account cancellation.
8. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spam-ware”) and services which send unsolicited advertisements.
9. NiveaHosting.com Services requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Nivea Group Services cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
10. Customer shall ensure that its use of NiveaHosting.com Network services shall not disrupt NiveaHosting.com, its associated networks or equipment forming part of the systems. Customer is responsible for the security of all files and content installed under the hosting account and is required to maintain any software installed to up to date version in order to avoid security breaches. In instances in which an excessive amount of system resources are utilized by a subscriber, NiveaHosting.com reserves the right to place CPU process / Disk Space / Bandwidth limits on the Customer’s account or even discontinue the account without prior notice to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any NiveaHosting.com user or to any directly or indirectly attached network. Use of Nivea Group Services connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Nivea Group Services shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of NiveaHosting.com .
11. Customer warrants that any material submitted for publication on Nivea Group Services does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Nivea Group Services reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. All communications to/from NiveaHosting.com via e-ticket, email, and live chat are confidential and property of NiveaHosting.com, and therefore can not be disclosed or distributed without our written consent.
12. If NiveaHosting.com becomes aware of material that could be infringing on a third party’s copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer’s materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, NiveaHosting.com, at its discretion, may at any time deny access to the challenged material of Customer.
13. Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies.
15. For all new domains, there is a yearly non-refundable registration fee. Nivea Group Services will automatically pay this fee as well as all annual non-refundable renewal fees on your behalf while your Nivea Group Services account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department.
14. Use of NiveaHosting.com services could involve listing subscriber’s participation in relevant directories, and subscriber expressly grants permission for such listings.
15. Hosting disk space is intended for normal use only, and is limited to Website files and content of the hosted Websites only, not for storage of large quantities of emails, media or other data nor for the sole purpose of mass/unsolicited mailing with a maximum single file size limit of 50 MB. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. For MS SQL remote connections, the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications, violating this policy will result in account suspension.
16. Any party seeking to report any other potential violations of this Agreement may contact Nivea Group Services Via Email at email@example.com.
17. Transferring your domain to another provider does not constitute canceling your NiveaHosting.com account. You must notify NiveaHosting.com to formally cancel your account with NiveaHosting.com to avoid further charges.
18. Account Cancellation: You must notify NiveaHosting.com formally by sending an Account Cancellation request Email at firstname.lastname@example.org enclosing proper credentials and account details sent from email id registered with us.. NOTE: We will NOT process any other requests submitted outside of our Account Cancellation Email. If you do not notify us we will automatically renew your account for the next billing cycle – 1 month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal charge backs will result in automatic cancellation and deletion of the customer’s account from our servers. A USD10.00$ re-activation fee will apply to all suspended accounts due to non-payments of due fees.
19. On occasion, Nivea Group Services may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.
20. It is the responsibility of the customer to contact NiveaHosting.com of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.
21. NiveaHosting.com is not responsible for partial/complete failure or versions of any Third Party Applications including the free application provided with the hosting account. It will be the responsibility of respective application authors/developers to provide support for them to work with the server technology.
22. Client’s use of profanity in language, or abuse towards any NiveaHosting.com Employee via chat, email, phone, our e-ticket system, or in any other form will result in a complete block from our support system, and subject the client to an account cancellation without a refund.
23. NiveaHosting has zero tolerance for any Email Spam activities through its network and any accounts detected of such activity will be suspended with immediate effect. Also to fight against spam NiveaHosting.com servers only allow SMTP authenticated outgoing emails with a maximum limit of 60 Emails Per Hours.
24. Hosting Plan Upgrade/Downgrade fees. Customers can upgrade their hosting plans at any time by contacting NiveaHosting.com Support Team Via Support Ticket. There will be no charges applicable for plan upgrades and the reaming payment of the customer against the lower plan will be adjusted against the upgraded plan’s fee on prorate basis. As for plan downgrades, a one time fee of USD10.00$ will be applicable while downgrading to a lower plan or lower billing cycle for same plan.
25. Any individual/company who registers an account with NiveaHosting.com will also get subscribed automatically to receive sales, support, billing and promotional Emails/SMS on their registered email address/mobile number. To unsubscribe from our mailing/SMS lists please contact us at email@example.com with necessary account details.
26. NiveaHosting.com or its Upstream providers reserve the right to Discontinue/Deprecate any Product/Service if deemed as “Non-Feasible” to operate any longer due to technical or commercial aspects of the product/service irrespective of the term/billing cycle for which the product/service is purchased. In such an event, alternate solutions will be offered to customers. The solutions offered may not be exact in specifications as the original product/service but will be compensatory with the remaining term on the product/service. Since alternate solutions are offered, no refunds will be applicable in such cases.
27. We offer Unlimited resources for websites with our web hosting plans which is specified in plan details where ever applicable. Since some resources are physically impossible to offer as unlimited, an initial quota is provided with the plan which can be extended on-demand near total consumption. Also some resources are unlimited by default in assigned plan quota however subject to excessive resource usage and acceptable user policy. Also, all Shared Hosting Plans have a soft limit on single database size of 1GB Per Database & total 5GB Database Storage and single Mailbox size of 1GB Per Mailbox & 5GB total Mail Storage. It is responsibility of the user to maintain the storage below these levels and crossing these limits will be considered as excessive resource usage.
28. Any Up-time Guarantees offered by NiveaHosting.com correspond and relate to “Network” at Data-Center which commits 99.9% connectivity with Data-Center. This Up-time Guarantee does not extend to down times resulting from Firewall IP Blocks, Scheduled Network/Hardware Maintenance, Server Hardware Failures/Replacements and OS/Software Level Issues within Server.
29. For products on which Free Trial is offered, the Due Date of the trial product will always be calculated from the date of Sign Up for Trial. If Free Trial product invoices are not paid till last date of Trial, the product will be automatically cancelled on next day without prior notice. Also Money-back Guarantee is not applicable on products for which the customer has already taken Trial.
30. All payment Invoices will be sent via email in form of PDF attachments which will considered as Electronic Receipts and valid payment proof.
31. Free Website Migration Assistance: Any products or offers that may come with Free Website Migration Assistance will include migration service of Website Files and MS SQL / MySQL Databases upto a total size of 1 GB per account. This service does not cover migration of Emails. Also a maximum of upto 10 Websites will be migrated. Due to technical nature of web applications, we provide best efforts support to make your website run after migration, however, we do not guarantee it. You may have to make necessary changes to your website to ensure all functions work as original. NiveaHosting.com does not cover and is not responsible for any costs incurred due to any change or loss of data/business during or due to the Website Migration process.
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