Nalu Design Terms Of Service
Last Updated
31st October 2004
Law Enforcement
Information
The Nalu Design terms specifically prohibits the use of our service for
illegal activities. Therefore, account holders agree that the company
may disclose any and all the account holders information
including assigned IP numbers, account history, account use,
etc. to any law enforcement agent who makes a written
request without further consent
or notification to the Subscriber. In addition Nalu Design
shall have the right to terminate all service set forth
in this Agreement.
Hosting accounts
can be terminated by Nalu Design if they are being
misused by the user.
Nalu Design
reserve the right to terminate or suspend any Website without
reason.
Failure
to Pay
Nalu Design
may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges.
Nalu Design
reserve the right to charge administration for The re-activation
of any hosting account suspended for payment Failure. This
will be no more than £25.
Payments
and Fees
Payments which
are not made to Nalu Design for the service subscription
may be turned over to an outside collection
agency for collection. The account holder is subject to collection
and administration fees involved in the collection of the funds.
If you desire to cancel your account, you must contact us
through the correct contact information found on our website, and
receive full confirmation before considering your account closed.
Until a confirmation email is sent to you, your account will
still be billed.
New Accounts
All new web
hosting accounts are setup within normally an hour or placing
your order, however our sales team will contact you for security
verification of your order. Nalu Design reserves the right
to create accounts upto 3-5 business days during busy periods
of business or situations outside of our control.
SPAM and
Unsolicited Commercial Email
Nalu Design
have a zero tolerance approach to the sending of Unsolicited
Commercial Email or SPAM over our network. Very simply
this means that customers of Nalu Design may not use
or permit others to use our network to transact in spam messages.
Customers of Nalu Design may not host, or permit
hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties,
including termination of service.
Violation of
Nalu Design's SPAM policy will result in severe penalties.
Upon notification
of an alleged violation of our SPAM policy, Nalu Design
will initiate an immediate investigation (within 12-24 hours
of notification). During the investigation, Aventure Media may
restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy,
Nalu Design may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, Nalu Design
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
Nalu Design will notify law enforcement officials
if the violation is believed to be a criminal offense.
First violations
of this policy will result in an Administrative Fee of £199 and
your account will be reviewed for possible immediate
termination. A second violation will result in an Administrative
Fee of £399 and immediate termination of your account. Users
who violate this policy agree that these fees will be paid on
request. Please see Failure to Pay and Payments and Fees information.
Nalu Design
reserve the right to charge up to a total of £1500 For spam related
violations due to costs which may be inforced on us by data
carries or data center administration fines.
The hosting
of, reference to, usage or linking to any of the following
is not allowed.
- Nudity, pornography,
anything of a sexual, or of an obscene nature unless
an adult license is purchased by the account holder during
signup.
- Violations
of any copyright or any other right of a 3rd party
- Threatening,
abusive, harassing, defamatory statements.
- Promotion
of illegal activities (info on hacking, cracking etc)
- Hosting
or linking to copyrighted files without permission
- Information,
instructions, links, etc containing malicous code
- Hate speech
or hate propaganda.
- Content
that links to content that violates these terms
- Scripts
or systems that cause server performance issues
- Misrepresentation
of member's identity, or impersonation
- Collection
of personal information for illegal purposes.
- Collection
of personal information without users permission
- Content
that is deemed by Nalu Design, in its sole discretion,
to be harmful to Nalu Design, another company or organisation,
or individual.
- Solicitation
or sale of any harmful/illegal products or service
- Multiple
site hosting within one Virtual Server.
- Spamvertising
of a website hosted on an Aventure Meida Server. Even
if the emails are sent from an external source.
Nalu Design
will not be responsible for any damages your business may
suffer. Nalu Design makes no warranties of any kind,
expressed or implied for services we provide. Nalu Design
disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data resulting
from delays, nondeliveries, wrong delivery, and any and all service
interruptions caused by Nalu Design and its employees.
Data Storage
Customers
are solely responsible for the backup of files and data on their
hosting account. Nalu Design does not duplicate
your information for backup for customer privacy reasons.
Nalu Design
provide free backup storage space for customers, This should
be used to make necessary backups of all data. Nalu Design
cannot recover any data at any time.
Alterations
to Terms and Conditions
Nalu Design
reserves the right to adjust the terms and conditions
of service at any time and these will typically be done by e-mail
to customers, and edited online, but changes to the terms
may not be broadcasted.
Customers and
users are requested to read our terms and Conditions
on daily basis to keep updated with new changes.
If you do not
agree to these terms and conditions you should Contact us
to have your account terminated immediately.
By not contacting
us or raising queries with our terms you Solely agree
that you have read and agree to all specifics.
Bandwidth
/ High Resource Users
Sites are
subject to network abuse and high resources. Any user which
uses high resources, or high bandwidth which effects other
customers and server performance, may have their site
temporarily closed or the owner contacted to resolve the issue.
Resources include:
CPU Usage/Memory Usage
Nalu Design
reserves the right to adjust the terms and conditions
of service at any time.
Payments, Refunding
& Replacement Services
1) No refund
can be produced for any site which violates our terms
2) Refunds
are issued at the managements discression
3) Refunds
are exclusive of domain registration costs at all times
4) Account
holders can cancel their account within 15 days to receive a refund excluding
domain registration costs. No refunds can be issued after this period
of time.
Any false,
fraudulent or forced chargeback's which are not permitted
will be investigated with the help of the Postal Service, FBI
and International Police Service can be used to investigate
fraudulent charge backs after a service has been provided to
the end user.
Customers who
perform chargebacks will be subject to administration Charges of
no more than £150.
You are requested
to contact sales@Nalu Design for all payment
related issues.
Money Back
Guarantee
Customers
can cancel their hosting with us within 15 days of placing an
order. This excludes any domain registration costs.
Uptime Guarantees
Guarantees
exclude issues which are outside of our control such as network
failure, customer faults, scheduled maintenance,
or issues relating to outside networks. For more information
please contact the accounts department.
Nalu Design
reserves the right to refuse an upgrade if it feels unsuitable.
Company
Contact Details
Telephone:
01970 871072
Email: mail@Nalu Design.co.uk
Address Nalu Design
Ar-y-Gors.
Ynyslas,
Borth
SY24 5JZ
|
