Niceguys Online: Terms Of Service:

This document contains important information regarding the Terms and Conditions of Service which apply to your account with Niceguys Online. PLEASE READ THIS DOCUMENT CAREFULLY, retain it for future reference. Please note that the information contained herein is subject to change without notice.

General Provisions

In consideration for Niceguys Online maintaining one or more accounts (each "Account"), you agree to the following terms and conditions.

Definitions

1. "We" "Us" or "Provider" or "Niceguys Online." Niceguys Online, Inc.
2. "You" "Your" "Client" "Customer" or "Member." Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Services Provided by Niceguys Online, Inc.

Niceguys Online will provide Internet server space rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Niceguys Online members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Niceguys Online members will use the provided services in a manner consistent with any and all applicable laws of the State of California and the US Federal Government. Niceguys Online provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Niceguys Online can terminate client's account without notification.

1. Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Niceguys Online server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Niceguys Online or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate contain viruses or other computer programming defects which result in damage to Niceguys Online or any third party. contains adult material, pornography, obscenity, nudity.
   Any Client Found Violating copy right laws will be charged a 100.00 clean up fee.
2. Bandwidth. Niceguys Online does not charge for bandwidth and you will never be forced to pay any extra hidden charges. However, from time to time, we may find it necessary to look for clients who are using excessive amounts of resources. If you are found to be using excessive amount of resources, or you are using more than your allowed bandwidth we will contact you and attempt to find a reasonable solution that is in the best interest of both parties. If no solution is found then customer reserves the right terminate account however no refund will be given if the account is terminated due to excessive resources being used due to copyright material spamming or any other activity that will cause the bandwidth to be used excessively.
3. No "Spam". UCE/UBE or "Spam" originating from any Niceguys Online account or associated with a Niceguys Online account is not tolerated. This includes any e-mail that promotes web sites hosted on a Niceguys Online account but is sent from an e-mail address not associated with that Niceguys Online account. Client shall not use their Niceguys Online services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Niceguys Online reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. Accounts cancelled due to Spam will be charged a clean-up fee of $500.
4. False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups’ rules and regulations. If any news groups or service provider contact Niceguys Online concerning unethical, false or unlawful activities by you, Niceguys Online reserve the right to terminate your service without notice.
5. Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
6. Back-Up Files. Niceguys Online will make every reasonable effort to protect and backup data for Client on a regular basis, however Niceguys Online does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one time fee of $100 for our Administrator to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network.

Disclaimer of Warranty

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. Niceguys Online will pursue all resources and channels available to maintain availability to you, however, Niceguys Online is not responsible for any interruption in service or down time that may occur, whether due to the act or negligence of Niceguys Online. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain to another provider. We will however credit you for your our downtime in the occurrence it happens

Niceguys Online MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Niceguys Online nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence of Niceguys Online, even if Niceguys Online has been advised to the possibility of such damages.

Agreement

This Agreement, together with all other written agreements between you and Niceguys Online related to your Account, contains the entire understanding between you and Niceguys Online concerning the subject matter of this Agreement. You may not assign its rights and obligations hereunder without first obtaining the prior written consent of Niceguys Online.

You represent that you are of legal age and of capacity to enter into legally binding contracts. You hereby agree that this Agreement and all the terms hereof shall be binding upon you, your heirs, executors, administrators, personal representatives and assigns. This Agreement shall inure to the benefit of Niceguys Online and its successors, assigns and agents.

If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.

This Agreement shall be deemed to have been made in the State of New Mexico, the United States of America and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of New Mexico. Should litigation be necessary to enforce the terms of this Agreement, you agree that such litigation shall take place in the County of Albuquerque, New Mexico. If litigation should be brought in any other county or country, you agree to pay all costs incurred in bringing the litigation to its proper jurisdiction.

Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Niceguys Online.

Opening Your Account

You may apply to open an Account with us by completing the Order Form. You warrant and represent that the information you supply in the Order Form (or other information that Niceguys Online may require) is accurate and truthful. You also expressly authorize Niceguys Online to obtain reports concerning your credit standing and business conduct. Upon your written request, we will inform you whether we have obtained credit reports, and, if so, we will provide you with the name and address of the reporting agency that furnished the reports.

Cost and Payment

You agree to pay the charge for the Service as indicated on Niceguys Online’s website. You grant Niceguys Online the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by Niceguys Online according to terms of this Agreement. If payment is returned unpaid for any reason by your bank or credit card, you agree to pay the lesser of $25 or three (3) times the amount of the charge. Reports of such non-payment or non-compliance with this Agreement may be placed on your credit card. Niceguys Online has a No Refund policy on set up fees, except in cases where the user account name was set up BEFORE it is established on the network.

Payment Obligations

Your account will be automatically renewed under the same time and fee structure unless you give written notice to Niceguys Online fifteen (15) days before the renewal date that you do not wish to renew such account. Cancellation request must be made by completing and submitting the Online Cancellation Form. If no correct notice of cancellation will be given, all contracts will automatically renewed for another term under the same conditions. If your form of payment was other than credit card, payment for renewal must be received by Niceguys Online ten (10) days before renewal date. If payment was not received 10 days before renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account.

Niceguys Online may terminate your Account at any time and for any reason, including but not limited to non-payment, violation of terms and conditions, usage of the service in violation of state, federal or local law. You may terminate your Account at any time by giving us written notice via e-mail. If you terminate service, it may take up to five (5) business days before billing stops.

Notices and communications delivered to the electronic-mail address provided by you shall, until Niceguys Online has received notice in writing of any different address, be deemed to have been personally delivered to you whether actually received or not.

Please note that if your account is suspended do to non payment, Niceguys Online Will Charge a service fee of $100.00 To Reinstate your services. Which includes our right to keep your site data and not release that data to you unless you have paid us in full all your late fees, our service fee and any balance on your account, once paid your account will be re activated within 24 hours. Then you can access your data and your services will be restored.

Limited 30-day Money Back Guarantee

If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund.

After the 30 day period, there are no refunds if the service contract is cancelled by client before the regular renewal date. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.