Terms of Service

Thanks for choosing NullShells Networks! By using NullShells Networks you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). NullShells Networks reserves the right to update and change the Terms of Service from time to time without notice. As updates occur to the Terms of Service an update to this Terms of Service page will be made and the date (proceeding, "Last Updated") will be incremented appropriately. You can review the most current version of the Terms of Service at any time at: http://www.nullshells.net/tos.html.

1. ACCESS AND USAGE

NullShells Networks reserves the right to deny access to anyone at any time. If a user's activities interfere with the proper functionality of a system, access may be limited or revoked. NullShells Networks may only be used according to law. Portflooding, portscanning, unattended processes, "cracking," unauthorized connections to remote hosts, "linkspamming", spamdexing, or any behavior considered unethical by NullShells Networks will result in account removal. Any unlawful use may be reported to the appropriate authorities and civil recourse will be sought to the full extent of the law. Transmission, distribution or storage of material in violation of applicable law or regulations is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, libelous, fraudulent, threatening, or in violation of export control laws.

You are responsible for maintaining the integrity and security of your account on NullShells Networks.

No warranty is made, express or implied, written or verbally, about the services of NullShells Networks, including but not limited to: accessibility, operability, uptime, and data integrity.

NullShells Networks will maintain control of any and all IP addresses that may be assigned to your account or domains. NullShells Networks reserves the right to change, disable, or remove, at it's sole discretion, any and all IP addresses.

You agree not to install shoutcast, icecast, or any kind of streaming audio servers without express permission of NullShells Networks. Installing such servers without express permission will result in immediate account removal.

You agree not to install teamspeak, ventrillo, or any kind of voice chat servers without express permission of NullShells Networks. Installing such servers without express permission will result in immediate account removal.

You agree not to install any kind of xdcc based bots without express permission of NullShells Networks. Installing such bots without express permission will result in immediate account removal.

You agree not to install any kind of text based chat servers such as a MUD or an IRC daemon (including services) without express permission of NullShells Networks. Installing such servers without express permission will result in immediate account removal.

For security reasons, free shell accounts that remain inactive for at least 90 calendar days may be disabled.

2. BILLING AND FEES

NullShells Networks reserves the right to choose the billing period on all users invoices.

All payments must be made within 3 days of the due date specified on a users invoice. Payments not made by this date are subject to deactivation.

NullShells Networks may disable inactive or uncredited accounts at any time. Remaining data may be archived for an additional 90 calendar days.

NullShells Networks may charge up to a ten dollar ($10) reactivation fee for reactivating a shell account.

Reactivation of an account which is uncredited may require full payment for the service period, even when the account has been disabled during the service period.

NullShells Networks may charge a maximum one-hundred dollars ($100) retrieval fee for recovering shell account data from archives.

If a payment in any form is recovered or otherwise not paid by your financial institution you may be required to pay a fifty dollar ($50) return payment fee.

3. SPAM AND PENALTIES

Usage of NullShells Networks services to transmit unsolicited emails or any type of commercial advertisments may result in immediate account deactivation or cancelization.

Any undesired emails or other data transmitted and received by an entity who has not explicitly requested such data may be grounds for deactivation or cancelization.

A penalty of no less than two-hundred and fifty dollars ($250.00) per hour for clean up may be assessed by NullShells Networks for violation of these terms.

4. REFUND POLICY

All payments, including initial payments, and identity verification payments are non-refundable, unless expressly stated otherwise. The costs of any and all refunds will be at your expense.

Any and all refunds are made as a courtesy at the sole discretion of NullShells Networks.

5. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of NullShells Networks services without the express permision of NullShells Networks.

6. ACCOUNT REGISTRATION AND APPROVAL

All initial payments must be made in conjunction with an account registration.

All account registrations must be made in conjunction with an initial payment.

An account registration does not constitute account approval nor does it constitute a contract for services.

An initial payment does not constitute account approval nor does it constitute a contract for services.

NullShells Networks reserves the right, to hold or postpone an account approval indefinitely.

Any account registrations, especially those suspected of fradulent activity, may be held without notice.

NullShells Networks is not obligated to approve your account. NullShells Networks reserves the right to deny an account approval without notice.

Your billing cycle will begin on the date of your account registration approval.

By requesting an account, you express your agreement to the Terms of Service.

8. CHANGES AND CANCELIZATION

If you decide to change or cancel your service then you must request this by e-mail clearly in writing at least three (3) days before your billing cycle ends.

If you wish to cancel your account you MUST send a email to billing@nullshells.net to have your account removed. Otherwise, you may continue to be charged for any services on your account.

If at any time you do not agree to the Terms of Service you agree to request cancelization.

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

By using NullShells Networks you agree to defend, indemnify, save, and hold NullShells Networks harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney's fees asserted against NullShells Networks brought by a third party in connection with your account(s), including any payment obligations incurred. This includes it's customers, authorized agents, and affiliates, and any actions resulting from the usage of any services provided by NullShells Networks or performed by a customer, authorized agent, or affiliate of NullShells Networks.

If any demands or claims are made against NullShells Networks by a third party because of activity on a user's account, the registered user of that account agrees to pay all asserted costs, including reasonable attorney's fees and court costs.

In no event shall NullShells Networks be liable to any user for any special, indirect, consequential or punitive damages including but not limited to, loss of profits, loss of business opportunities, emotional trauma, loss of goodwill, even if advised of the possibility of such damages. NullShells Networks can not be held liable to any user of NullShells Networks, including users given access to account(s) created inside your account(s), at any time for any reason.

10. MISCELANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Failure of NullShells Networks to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by any user shall not be construed as a waiver of such a breach or prevent NullShells Networks from thereafter enforcing strict compliance with any or all of the terms thereof.

NullShells Networks shall have no liability whatsoever for any unavailability of services caused by our supplier's performance or lack of performance of the maintenance work needed to keep the services operable. NullShells Networks will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any service provider or problems with the Internet infrastructure and networks external to the services.

NullShells Networks shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of NullShells Networks. The time for performance of NullShells Networks shall be extended by the period of such delay.

11. GOVERNING JURISDICTION

By clicking "I Accept" you understand that you are requesting an account and you hereby agree to all of the Terms of Service. You understand that this is your electonic signature, governed by Electronic Signatures in Global and National Commerce Act.

Jurisdiction in all legal matters will be determined exclusively by the courts of Hillsborough County in the State of New Hampshire, USA.

Last Updated: Thu, 23 Apr 2009 7:08:18 -0400