Acceptable Use and Terms of Service

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privacy and legal information

All clients of Nebularis Information Systems Incorporated ("Nebularis") web hosting are subject to the following terms of service. Please report violations or misuse to abuse @nebularis.com.

Nebularis retains the right to change any or all of the forementioned Policies, Guidelines, and Disclaimer without notification. Please check this site for changes to these polices. Most recent changes are listed at the bottom of this page.

We bill monthly, bi-annually (6 months), or annually (1 year), at the anniversary of account activation. We accept Visa, Mastercard, Certapay Interac E-Mail Money Transfer, and PayPal online payments. At our office location, we can also accept payment by Interac. If necessary, (for out of towners) we also accept checks and money orders. International payments can be transferred using our SWIFT code (below).

For international money transfers:

SWIFT code:  CIBCCATT
Transit#:    01086
Account#:    61-00414

Bank Address:

Canadian Imperial Bank of Commerce
Barrhaven Town Centre
3777 Strandherd Road
Nepean, Ontario  K2J 4B1

Credit card payments can be submitted by a secure website, at https://secure.nebularis.com/~nebularis/payments.

Please note that we will setup your account and e-mail your login information upon receipt of payment. Your account will continue to be billed until the account expires, or the account is cancelled.

Nebularis will send you a notice of payment in PDF format by e-mail specifying the amount due and due date. No bills or invoices will be sent by postal mail or fax. A fee may be charged for sending duplicate invoices by other means. We will automatically charge your credit card for the amount due given prior consent. If you paid originally by check, we will provide you with the address to send payments to. Additional features can be added at any time. Nebularis reserves the right to change prices or plans at any time. However, we will honour any prices specified during a contract period.

All payment is in Canadian funds unless otherwise specified.

Invoices will be delivered to the contact person by e-mail in PDF format. If you do not have Adobe Acrobat Reader, you may download it (free) directly from Adobe.

Bounced checks / charge backs

You will be charged a fee of $25 for bounced checks and credit card charge backs.

Delinquent Accounts

Your e-mailed invoice will notify you of the due date for your payment, typically 30 days after receiving the notification. If payment is not received by the due date, your logon account will be suspended. If payment is still not received 60 days after the original due date, the account (website and email) will be de-activated. To re-activate an account, a $25 service charge is applied to your balance, and 1.5% monthly interest will be charged to the unpaid balance.

When you need to cancel an account, please e-mail accounts @nebularis.com and we will contact you about reimbursement, if applicable. If we are NOT notified BY E-MAIL of an account cancellation, the account will NOT be cancelled and will continue to be invoiced.

Content Policy

Our services may be used for lawful purposes only. This includes, but is not limited to: copyrighted material, threatening or obscene content, or trademarks, or links to such material. The Client agrees to indemnify and hold harmless Nebularis from any claims resulting from the use of the service. Any attempt to harm our servers or other clients is strictly prohibited and all costs incurred by accidental or intentional means will be recovered.

Examples of unacceptable content

• Pornography
• Illegal downloads, including MP3, executables, and streaming content
• Viruses
• Material promoting illegal activity
• Material promoting unsolicited e-mail/marketing
• Material promoting multi-level marketing or other pyramid-schemes
• Software or software codes that can be used to manufacture or transmit said unacceptable content

Nebularis will determine what constitutes a violation of this provision. Web sites found to violate these guidelines will be shut down immediately and will be refused further service. No refunds are made for Clients violating these terms.

IRC

We do not allow IRC or IRC bots to be operated on our servers.

Bandwidth Policy

Each account is allowed a certain amount of bandwidth per month. Should an account exceed its limit, there is an excess charge of $5/GB over that amount.

Excessive misuse of bandwidth, far beyond the acceptable posted monthly limit, may result in termination of service or limits may be put in place to curb misuse.

It is always possible that an account/website may be the target of an attack. In such instances, measures will be put in place to block attackers, or limit the amount of resources that can be used.

Abuse Policy

If an account is suspected to be used for abusive purposes, it will be cancelled.

Examples of abuse

• Use or transmission of software that can be used to circument access restrictions (ie, hacking into a computer)
• Use of system resources exceeding defined limits
• Use of system resources that interferes with the availability of services to other customers
• Use of shell account for hacking purposes of any kind, both local and remote (ie, to gain privileged access, copy files owned by other users, transmission of stolen data)
• Use of system resources by users other than the account holder (ie, shared or stolen or hacked passwords)
• Attempts at bypassing security or access restrictions set in place

Nebularis will determine what constitutes a violation of this provision. System accounts found to violate these guidelines will be shut down immediately and will be refused further service. No refunds are made for Clients violating these terms.

Unsolicited Commercial E-mail

Commercial e-mail, also refered to as spam, is strictly prohibited. Nebularis is committed to a zero-tolerance, anti-spamming policy. Any use of Nebularis services resulting in the activity of unsolicited advertising (via unsolicited e-mail or unsolicited advertisement of a website) will result in immediate shut down of the offending account, refusal of further service, and refusal of any refunds.

If the evidence against the account holder is in question (such as an unsubstantiated complaint), the account holder will be given the opportunity to prove innocence in the matter. Nebularis will be the sole arbiter as to what constitutes a violation of this provision.

Violation of E-mail Policy

i. Any individual or organization sending unsolicited commercial e-mail to any e-mail address controlled by Nebularis mail servers will be charged a $500.00 USD administration fee per message received, billed to any address provided, including: e-mail reply-to address, postal mailing address, fax number, or their Internet Service Provider.

ii. Any customer of Nebularis using Nebularis mail servers for unsolicited e-mail activity, will be terminated as a customer without refunding of any amounts paid, and will be charged up to a $500.00 USD administration fee per complaint received in addition to any outstanding invoices.

This fee constitutes as compensation to Nebularis for:

• Time and expense for tracking down the offender
• Time and expense collecting fees from the offender
• Time and expense for repairs, down time, or system upgrades which are related to hacking/spamming or the prevention thereof
• Time and expense relating to prosecution or attempted prosecution of the offender
• Legal expenses

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limitation of Liability

Nebularis shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Nebularis servers going off-line or being unavailable for any reason whatsoever. Furthermore, Nebularis shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from Nebularis servers. All damages shall be limited to the immediate termination of service.

30-day Money Back Guarantee

Nebularis is pleased to offer a money-back guarantee should you become unsatisfied within 30 days of your account activation. The money-back guarantee applies only to the amount billed for service, and does not apply to any surcharges or administration fees incurred. We do not (and cannot) refund domain registration fees.

Nebularis will only grant a refund after the first 30 days if we are at fault for not providing you with the services promised on our hosting page. General dissatisfaction with our services is not acceptable for a refund after the initial 30-day trial period has expired. We will only grant you a refund if we have exhausted every possible opportunity to remedy any problem you may be having with our services.

We only issue refunds via check in Canadian funds, regardless of the original method of payment.

Telephone Support

Client agrees to use the support site located at help.nebularis.com for technical support issues. E-mail and telephone support is also available to clients unless noted otherwise. Client agrees not to abuse telephone support unless all other resources have been exhausted. Nebularis shall have sole authority to determine violations of this policy.

DISCLAIMER

Nebularis cannot be held liable for system downtime, crashes, virus infection, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Nebularis are resold. Thus, certain equipment, routing, software, and programming used by Nebularis are not directly owned or written by Nebularis. Moreover, Nebularis holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Nebularis sees fit.

Changes

November 20 2005, clarified delinquent accounts, account suspension and re-activation fees.

July 14 2004, clarified unsolicited commercial e-mail policy in regard to customer violations.

September 9 2003, updated billing, we also accept Certapay payments.

August 19 2003, updated per-GB monthly over-usage fee from $10/GB to $5/GB.

April 28 2002, updated Unsolicited Commercial E-mail administration fee to 0.00 USD per offence.

February 5 2002, updated Unsolicited Commercial E-mail policy and associated administration fee.

December 14 2001, updated Unsolicited Commercial E-mail policy and associated administration fee.