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Netspur LLC Terms and Conditions

By visiting netspur.com or my.netspur.com (the “Website” or “Customer Portal”) you agree to the following terms & conditions

Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.

This website is provided by Netspur LLC (“Netspur”). By using this Website it’s services or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

This website is not intended for persons under 18 years of age.

Account Terms

By registering with the Website you can access or view the product and/or services, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Acceptable Use

You shall use Netspur’s services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Ohio or the United States is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Netspur from any claims resulting from the use of the service which damages you or any other party.

You shall not do any of the following or permit any other third parties to do any of the following:

(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;

(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;

  • DoS Source – Source of Denial of Service Attack
  • DoS Target – Target of Denial of Service Attack
  • File Scripts – File Dump/Mirror Scripts (similar to rapidshare)
  • Forgery – Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site – Hosting or Linking to a Website Intended to Deceive the Public
  • HYIP – Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft – Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection – Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • Investment Sites – FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
  • IRC – Internet Relay Chat Server, including IRC Scripts/Bots
  • Mass Storage – Storing Mass Amounts of Backups, Archives, Videos, etc
  • PayDay Loan Sites – including any site related to PayDay loans, PayDay loan affiliate programs, etc
  • Pharmacy Sites – Sites that facilitate the sale of any controlled substance without prior proof of appropriate permit(s)
  • Phishing – Identity Theft by Email Under False Pretense
  • Proxy Site – Hosting of or linking to an Anonymous Proxy Server
  • Bulk Email – No more than 500 emails of similar content (Opt In)
  • Spam Email – Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List – Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site – A Site Advertised by Spam Email or Spam Web
  • Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web – Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • Terrorist Site – Hosting or Linking to a Site Advocating Terrorism
  • Toolz – Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Warez – Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material Netspur judges to be threatening or obscene

(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

(d) Account sharing, including without limitation, letting third parties use your account and password.

Payment and Billing

You agree to pay the full price for all Products you purchase from the Website. You are responsible for the timely payment of all fees.

Netspur will automatically bill your payment method on file on the first day of each Billing Term, as defined below. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days prior notice to you.

Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

Netspur is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.

As a customer of Netspur, it is your responsibility to ensure that all billing information on file with Netspur is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Netspur screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. Netspur has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

Late Payments

Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Netspur reserves the right to suspend your Service(s) with Netspur and to charge a $10 “late penalty.” Fourteen (14) days following suspension of Services for non-payment, Netspur reserves the right to terminate Service(s) for non-payment.

Netspur is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Netspur reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

Refund Policy and Billing Disputes

Netspur offers a thirty (30) day money back guarantee on web hosting plans. After the thirty (30) day money back guarantee, eligible plans are eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle.

Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with Netspur before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with Netspur. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.

Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process.

No refunds are offered on WordPress Maintenance and Support plans, SEO Services, Form Creation and Management, Website Design fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, or software licenses.

If you believe there is an error in Netspur’s billing, you must contact Netspur about it, in writing, within thirty (30) days of the date you are billed or charged. Netspur’s obligation to consider your claim is contingent on your providing it with sufficient facts for Netspur to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Netspur in writing or meet the deadline set out above. If Netspur finds that your claim is valid, Netspur agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

Chargebacks, Reversals, and Retrievals

If Netspur receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to Netspur by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Netspur to address any billing issues.

If Netspur appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Netspur by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.

Cancellation of Services

Either party may terminate this Agreement by providing notice to the other as provided herein.

You may cancel Service(s) with Netspur by submitting a cancellation request in writing by logging into Netspur’s customer portal located at https://my.netspur.com/. In the event that you are unable to login to your billing account with Netspur, please contact us via email and we will assist you. However, Netspur prefers that cancellations are submitted through the customer portal to reduce the likelihood of error and ensure the security of your account. Cancellations are not final until confirmed by a representative of Netspur in writing by email.

Cancellations must be requested via the form indicated above 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.

If you pay Netspur via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Netspur (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

When upgrading or downgrading package(s), you are responsible for canceling any previous package(s). To cancel previous package(s), you must submit a written cancellation request as described above.

Netspur may terminate this Agreement at any time by providing notice to Customers via email. Should Netspur terminate this Agreement for any reason other than a material breach, or violation of Netspur’s Acceptable Use Policy, any prepaid fees shall be refunded.

Bandwidth Usage

You are allocated a monthly bandwidth allowance depending on the hosting package you purchase.

Should your account pass the allocated amount, Netspur reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.

Support Policy

Netspur will provide technical support for it’s services. The only official method for technical support is via Netspur’s customer portal at https://my.netspur.com.

License

Netspur grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Netspur solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Netspur’s technology shall remain with Netspur, or its licensors. You are not permitted to circumvent any devices designed to protect Netspur, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

You grant Netspur, or to any third parties used by Netspur to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED SERVICES ARE PROVIDED BY NETSPUR ON AN “AS IS” AND “AS AVAILABLE” BASIS. NETSPUR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NETSPUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETSPUR DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETSPUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NETSPUR USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. NETSPUR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, NETSPUR SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the Website, you agree that the laws of the state of Ohio, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Netspur.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Delaware county, Ohio state. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Netspur, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.

Modification of these Terms & Conditions

Netspur reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Force Majeure

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

Other Provisions

Netspur’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.

Netspur may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

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