Terms and Conditions (“Agreement”)
GENERAL TERMSNameTyper provides the service to the client under these General Terms
- The client represents and acknowledges that they have read the terms, and agrees to honor these terms, and that the information the client provides NameTyper is accurate, complete, and is within the Client’s right to use.
- If a client is entering into these terms on behalf of another legal entity, the client represents that he/she has the authority to bind such entity and its affiliates to these terms, in which case the terms “the client,” shall refer to such entity and its affiliates.
- These terms constitute a binding contract between the client and NameTyper, and the client acknowledges that these terms govern the client’s use of NameTyper websites and services.
ACCOUNT CREATION AND MODIFICATIONS
- All accounts are created at NameTyper discretion.
- Any account modifications must be made by the account holder using the email address on file or their billing and support panel. In the event that the billing and/or support panel is not available or not functioning properly email must be used.
ACCOUNT DURATION AND TERMINATION AND SUSPENSION
- The duration of the client(s) account depends on the term of payment they chose.
- Failure to pay will result in account suspension. If after 7 days no payment is made the client(s) account will be terminated with or without notice. Exceptions will be made at NameTyper’s sole discretion.
- Any account that NameTyper view’s as negatively affecting the server will be terminated at NameTyper’s sole discretion with or without notice.
- Any client(s) that NameTyper sees as abusive to the server may be subjected to pay mandatory fees and failure to do so will result in account termination.
- NameTyper reserves the right to change prices of any offered hosting plan without notice.
- Any the client that goes over their allotted disk space or bandwidth for the given month will be suspended until the next month or until more resources are purchased by the client.
- Providing fake information to NameTyper by any means is grounds for immediate termination. In the event that any information given to NameTyper is questionable or lacks validity it is required that the client(s) provides the PayPal holder's government-issued photo identification card and the seven digits PayPal invoice ID number. You can Email this information to firstname.lastname@example.org. Failure to provide the requested information will result in account termination.
INTELLECTUAL PROPERTYThe Site and its original content, features and functionality are owned by NameTyper and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
PRICING AND PAYMENTS
- Custom plans are available per request at NameTyper’s sole decision.
- By registering your PayPal or credit card as a method of payment you agree to allow NameTyper to automatically charge for services in accordance to the hosting plan or domain name chosen.
- NameTyper reserves the right to change prices of any offered hosting plan without notice.
- NameTyper will accept PayPal. Any other forms of payment will be at NameTyper sole discretion
- NameTyper will reserve the right to refuse/reject any the client(s) payment
- Accidental overpayments shall not be refunded
UPTIMEWhile NameTyper will make a constant effort to provide maximum uptime to all the client(s) no uptime is guaranteed.
ACCOUNT AND SERVER LIMITATIONSNameTyper reserves the right to enforce any account or server limitations if at NameTyper sole discretion feel that a the client(s) account activity is negatively impacting the experience of all other hosting accounts including NameTyper’s own account. This will not affect the given disk space and bandwidth in a client(s) hosting plan.
- It is the client(s) responsibility to secure their own personal information in their account as NameTyper will not be responsible for any loss of data.
- NameTyper will never knowingly sell nor share any client’s information to anyone without their written consent unless required to by law.
PROHIBITED MATERIAL ON ALL SHARED HOSTING ACCOUNTSExplicit Adult Content [such as pornography], IRC Bots, ClickJackers, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.
REGULATIONS REGARDING MINORSAny site found to host child pornography or linking to child pornography will be suspended immediately without notice.
SECURITY OF YOUR ACCOUNT SITE
- The client(s) are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as the client’s username and password. It is required that you use a secure password.
- If a client chooses a weak password the account may be suspended until the client is notified to change/update your password.
- NameTyper recommends your password be no fewer than 8 characters; include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol and also strongly suggest rotating your password at least once every 3 months.
- The security of your support and billing system, cPanel, FTP, and SSH credentials are the client’s and cannot be shared with any other services (i.e. not using the same password for your email as well as your cPanel account).
- It is the client’s responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method.
- When at all possible, set permissions on most directories to 644 or as restrictive as possible.
- The client is expected to use a secure form of FTP to connect to NameTyper server such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your Client name and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.
- NameTyper reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at NameTyper sole discretion.
- NameTyper may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of $150 per hour rounded up to the nearest hour.
- Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at NameTyper discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.
- Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.
- Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. NameTyper may invoice you an hourly fee of $90 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.
THE CLIENT(S) MAY NOT:
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Operate any sort of chat box, shout box, or other chat platform that is hosted directly from NameTyper servers.
- Run any bit torrent application, or tracker. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 5 minutes without prior written approval.
- Use Shared, Premium, or Reseller hosting accounts for the storage of backups or other data not related to active websites.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php").
- When executing a local script via cron, execute it locally via "php -q ~/public_html/the-script-name.php > /dev/null" and not via "wget". If "wget" is absolutely required, append "-O /dev/null" to the end of the cron.
- Common Services: NameTyper actively monitors and ensures that all basic services are working, such as email, FTP, SSH, web serving, and cPanel. If you feel a service is not working, NameTyper will manually check to make sure it is working as intended.
- Server Software: NameTyper will maintain and secure all software that resides on a server, such as Apache, SQL, and PHP. NameTyper will control and determine the version and configuration of software the servers. As a result, software that is installed may not always be the latest version available or be compatible with the Clients’ own software.
- Hardware: NameTyper will monitor and maintain all of the server hardware. In the event of a hardware failure, NameTyper will replace any faulty hardware as soon as possible.
- Internet Training: It is expected that the client will have a basic understanding of Internet concepts such as DNS, email, and FTP.
- Data Backup: The client is responsible for maintaining current backups of your data. NameTyper maintain NameTyper own backups in the event of a disaster, however, NameTyper does not guarantee the availability or restoration of any lost data.
- DNS Zone Files: A DNS zone file converts your IP address to your domain name. You can modify MX, CNAME, A, and other records for your domain's zone file from cPanel.
- Domain Names: The client is responsible for using the supported services provided by your registrar for anything related to your domain name. If you choose not to use NameTyper name servers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.
- Domain Name Change: You can change the domain name associated with your account; however, you are responsible for modifying any and all path names in any scripts or applications to reflect this change.
- Email Client Configuration: NameTyper can assist you with the most basic settings for an email account with your preferred mail the client, such as Microsoft Outlook or Apple Mail. However, NameTyper cannot assist you in any advanced configuration or troubleshooting, such as spam filtering.
- FTP Client Configuration: NameTyper cannot provide extensive troubleshooting relating to the advanced configuration of your FTP software. NameTyper will do its best to help you make a connection to your account. The Client is expected to use a secure form of FTP to connect to NameTyper servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your Client name and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.
- Scripts & Applications: The client is solely responsible for the installation and operation of any and all scripts and applications. NameTyper will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications.
- Website Creation and Maintenance: The client is responsible for creating and maintaining the content of his/her own website.
MAIL POLICYNameTyper is first and foremost a web hosting provider. He does offer email services as an added convenience, however, there are policies that NameTyper customers must be aware of and follow. Customers with large mailing lists and those that need to send substantial amounts of email should consider a dedicated mailing provider. The limits listed in this document apply to each cPanel account [hereafter referred to as "account"].
- Any attempts to bypass any mailing restrictions or limitations enumerated in this document may result in the suspension and/or termination of all related services.
- All accounts are limited to 200 emails sent per hour. Any mail above and beyond this limits will be failed and will be discarded without delivery.
- All accounts have a fair-use limit of 2,000 messages per day.
- Any account receiving more than 20 spam reports over a rolling 30 day period, or 10 spam reports over a rolling 7 day period will be required to utilize a third party mailing service for all outgoing email.
- Scripts which send email as a result of the client activity (client registration, new comment posted, forum subscriptions, etc.) should include measures to prevent abuse.
- "Refer a friend" and "tell a friend" type forms where a custom subject and message body can be provided by the visitor submitting the form are strictly prohibited.
- Forwarded Email: Messages forwarded to external mail providers via NameTyper servers may not be reported as spam regardless of their content.
- If you wish to report messages that were forwarded as spam, create a local email account and obtain the headers from NameTyper server, and not at the final forwarded destination.
- Direct SMTP mailers, such as Dark Mailer, are not permitted. Any Unsolicited Commercial Email will be considered spam. Sites hosted with me may not be advertised via spam [i.e. spamvertised].
- The default mail account created with cPanel may be emptied daily. The default account is a receive-only account and is not capable of sending mail. Often this default mailbox is ignored resulting in hundreds of thousands of emails from scripts filling this box and never being manually emptied. Should you require a catch-all, please create a regular email account in your cPanel under "Email Accounts" and then set that email address as the default (catch-all) under the option "Default Address."
- Use of any list that was purchased or given to you is strictly prohibited.
- All mailing list subscribers must be double opt-in.
- All messages must contain a one click unsubscribe link with no additional steps required.
- Mailing lists must comply with US SPAM Laws and Guidelines such as those seen here: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
- All outbound mail must be relayed through NameTyper local Mail Transit Agent on port 25 or 26 unless you are using a third party dedicated mailing provider.
- Mailing lists may not have more than 2,500 recipients. Splitting one list into separate lists to circumvent this limit may result in account suspension and/or termination.
ERRORS, INACCURICIES AND OMISSIONSOccasionally there may be information on NameTyper site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. NameTyper reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).NameTyper undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
INDEMNIFICATIONThe client will agree to be personally liable and hold harmless NameTyper for any and all damages directly, or indirectly, resulting from unauthorized downloading or other duplication of Content. Damages can include, but is not limited to, loss of profits, property, fines, penalties, and legal fees. NameTyper reserves the right, to assume the defense and control of any matter otherwise subject to indemnification by you. NameTyper may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. NameTyper will cooperate fully with law enforcement agencies.
DISCLAIMER OF WARRANTIES; LIMITAITON OF LIABILITYNameTyper do not guarantee, represent or warrant that your use of NameTyper service will be uninterrupted, timely, secure or error-free.NameTyper do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time NameTyper may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall NameTyper, the directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, NameTyper liability shall be limited to the maximum extent permitted by law.
ENTIRE AGREEMENTThe failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use NameTyper Services, or when you cease using NameTyper site.If in NameTyper sole judgment you fail, or NameTyper suspect that you have failed, to comply with any term or provision of these Terms of Service, NameTyper also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to NameTyper Services (or any part thereof).
GOVERNING LAWThis Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.
SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
FORCE MAJEURENeither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
CHANGES TO THIS AGREEMENTNameTyper reserve the right, at NameTyper sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Last Edited on 2014-12-09
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