Nonstick Media is able to provide customers with unmatched
speed, power and performance only by ensuring that all system policies are enforced.
It is the responsibility of all Nonstick Media customers to
read and abide by our system policies. Below are the five policies that all
customers acknowledge reading and agreeing to:
Appropriate Usage Policy
Spam / UCE Policy
CGI Scripts Policy
Bandwidth Usage Policy
Billing Policy
Web Hosting Support
Paysystems Police
1. Nonstick Media reserves the right to refuse service or
cancel existing accounts for any reason at any time. In the event of an account
cancellation by Nonstick Media or the customer, Nonstick Media will not issue
a refund unless otherwise agreed to by Nonstick Media prior to cancellation.
2. Nonstick Media reserves the right to change fees at any
time.
3. Nonstick Media is not responsible for lost revenue, traffic,
or data caused by server down-time or failure, domain name transfers, or any
other error - mechanical or human.
4. Customers of Nonstick Media are forbidden from partaking
in any "abusive practice." The following is a list of current abusive
practices. Nonstick Media reserves the right to add to or modify this list
at any time.
Sending unsolicited commercial e-mail with your account is
a violation and is incurred if any unsolicited email is reported relating to
your domain with us in anyway, regardless of what SMTP (outgoing mail server)
was used to transmit the message.
Upload, posting or reproducing in any way materials protected
by copyright without the permission of the copyright holder is a violation.
Participating in an abusive practice will lead to an immediate
account termination without prior notice or refund of any pre-payment.
5. Customers of Nonstick Media are bound to all system policies
listed within this agreement. Violation of any of these system policies will
result in an immediate account cancellation without refund or access to hosted
files.
6. Nonstick Media hosting services may only be used for lawful
purposes. Transmission of any material in violation of any U.S. or any state
regulation is prohibited. This includes but is not limited to: copyrighted
material, material legally judged to be threatening or obscene, or material
protected by trade secret.
The client specifically agrees to indemnify and hold harmless
Nonstick Media from any claim resulting from a breach of these terms, and/or
the use of the service which damages another.
7. This agreement shall be governed by the Laws of the State
of Illinois. Any action in regard to this agreement or arising out of its terms
and conditions shall be instituted and litigated in the State of Illinois District
Court for Kane County. Each of the parties consents to jurisdiction in such
Court and agrees that service of process as provided by the statutes and rules
of civil procedures of Illinois shall be sufficient.
8. This agreement constitutes the entire agreement between
the parties hereto. Nonstick Media reserves the right to make changes to these
policies at any time without notification to customers.
Growth of the Internet has brought about more possibilities
for abuse of this new communications medium. Nonstick Media has developed the
following policies regarding abuse of Internet services. These policies were
established to protect you, our customer, from Internet harassment and intrusions
of privacy.
"Netiquette" is generally defined as the standards
or practices an individual or organization engages in to insure responsible
Internet citizenship on their behalf, as well as refraining from standards
or practices which would impose undue financial, time, or social constraints
on other users of the Internet. Every facet of the Internet is overseen by
individual organizations (such as Nonstick Media) whose networks are interconnected
to form the Internet. Every user of the Internet is responsible for their own
behavior.
The Internet is simply an interconnected set of similar networks,
each entity using the Internet assumes some liability for the cost associated
with traffic and storage. When the costs of storage space and transmission
are all figured together, a single posting can cost the collective Internet
thousands of dollars! There are similar costs associated with the bandwidth
required to transmit e-mail. A customer using e-mail or news postings for abusive
purposes can create a large financial impact on the individual networks involved.
Individuals have fallen victim to some sort of Internet abuse
have other costs including decreased effectiveness of the Internet. Someone
besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did
not indicate any desire to receive such e-mail) spends additional time downloading
and responding to e-mail which was not requested in the first place.
When a Nonstick Media customer performs one of these abusive
activities, Nonstick Media pays the price as well. The additional time Nonstick
Media employees spend responding to complaints could be better spent providing
other services. In particularly some incidents, angry Internet users have been
known to "mail bomb" an ISP by setting up programs to send so much
e-mail that the ISP’s mail server crashes thereby denying e-mail access
to every customer of the ISP. Our system is robust enough to escape most of
these types of activities. Nonstick Media cannot escape every undesirable activity.
Due to the potential consequences of this type of activity,
Nonstick Media disapproves of this type of behavior by its customers. Any Nonstick
Media customer who abuses the resources of the Internet in any of the following
ways will lose their access to the Nonstick Media network permanently. This
includes:
1. Excessive posting of e-mail to Internet users who previously
have not indicated a desire to receive such e-mail;
2. Using the Nonstick Media network for any illegal purpose.
If the subject of Internet abuse is still unclear, please see one of the following
URL:http://marketing.tenagra.com/rfc1855.html
Any subscriber who violates the SPAM policies of Nonstick
Media will be charged $125.00 per hour (one hour minimum charge) for the time
it takes to "clean up" the SPAM. This shall include but not be limited
to the time required to answer mail from recipients of your SPAM and/or repair
any damage to the server due to the mail program locking up, "mail bombing" or
other actions of the recipients in response to the SPAM.
Nonstick Media will turn provide the name and personal information
of any person found to be in violation of any laws to the appropriate state
and/or federal officials for further legal action.
Our servers are not to be used as your testing platforms.
Customer accounts are on high end, live server responsible for maintaining
many accounts. Your server space is being provided to display your finished
product to the web - NOT for application or script testing. If you are uploading
a script to our server, you acknowledge that you have already tested your script
elsewhere and that you know how to install the script. Any script that the
server administrator deems to be potentially threatening to the overall performance
of our web server will be terminated immediately and your account access could
be subject to suspension or terminated without refund of any pre-paid fees.
Termination includes the purging of all customer files.
Any time spent by Nonstick Media to kill a script and/or to
lock an account will be billed to the account at a rate of $65.00 per hour
(one hour minimum charge). Malicious scripts are subject to immediate Account
cancellation.
Please note the following cgi script usage policies:
The script must use low system resources. Scripts that consume
a large amount of server memory or CPU power will be subject to account review,
possible mandatory upgrade to dedicated server and/or additional fee.
Each user account may not use more than 1% of system resources
at any given time. Scripts may not interact with any server configuration or
hardware. Users running scripts that interact with any server configuration
or any hardware will be subject to account review, possible mandatory upgrade
to dedicated server, and/or additional fee.
The script can be used and referenced from any site on the
Net (i.e. free counters, etc.); however, scripts must stay within the allowable
usage of our system resources. Users using more resources than a single user
account is entitled to use will be subject to account review, possible mandatory
upgrade to dedicated server, and/or additional fee.
The script must be executed in a timely fashion. Any script
that uses the processor for more than a few milliseconds is subject to removal
by system administrator.
Scripts must be secure. Unnecessarily setting permissions
(chmod) of scripts to 777 is a policy violation. Placing scripts in a publicly
viewable directory (one without an index.html files) is a policy violation
and is subject to removal by system administrator.
Any accounts with scripts found in violation of any Nonstick
Media, policy are subject to future scrutiny of all cgi by our system administrator.
If a script is found to be harmful to the system, it will be killed immediately
and the account locked until the account owners have been contacted. Any time
spent by Nonstick Media to kill a script and/or to lock an account will be
billed to the account at a rate of $65.00 per hour (one hour minimum).
Malicious scripts are subject to immediate account cancellation.
The official Nonstick Media policy is to provide enough monthly
bandwidth so that any site using normal resources will be able to perform without
a problem. If a site uses over it's allotment of bandwidth for its type of
account, the customer’s type of account will automatically be upgraded
and the customer charged the upgraded account type charges.
The customer will be e-mailed a notice once an upgraded account
type is assessed to the customer. Warnings will not be sent to notify customer
that the limit has been reached or exceeded. This term and condition is non-negotiable.
Dear Valued Customers,
As part of the continuted re-structuring of our billing process,
we are altering a few of our billing terms and polices.
************************************************
IMPORTANT - PLEASE REVIEW THE FOLOWING POLICIES AS THEY WILL BE IMPLENTED AT
THE BEGINNING OF THE NEXT BILLING CYCLE, WHICH WILL START MARCH 1ST 2003
************************************************
Billing Policy
All customers of Nonstick Media must abide by all the terms
set forth in this and all other policies. Violation of any of these terms can
and will result in the immediate termination of an account with no refund including
any pre-payment. Billing payment is due the first of the month. Product Prices
are subject to change in the future, but are guaranteed through customers pre-paid
billing period.
1. Payments via Credit Card:
Nonstick Media accepts payment via Master Card, AMEX, Visa and Discover card.
Usage of a credit card indicates an authorization to cover all future monthly
or pre-arranged payments fees. Credit cards will be charged within the first
week of the new calendar month. If a Credit Card error, delinquency, or expiration
is not corrected by the 10th of the month the customer will incur a $10 late
fee
2. Payments via Check:
In special situations, Nonstick Media accepts payments via check. For accounts
paying by check, payment equivalent to the monthly or pre-arranged account
fees must be received at our office before the order will be processed. All
invoices are sent via email, unless specifically requested to send via US
Postal Service by customer, on approximately the fifteenth of each month.
Payments are due no later that the 10th of the each month. Customers are
responsible for paying their account even if they do not receive their invoice
via email or in the U.S. Postal Mail. If payments are made later than the
10th of each month, there will be an additional $10.00 late fee added to
the next billing cycle.
3. Payments via International Checks:
Nonstick Media accepts payments via International checks paid in U.S. funds – check
must note payment in U.S. funds on check. Checks that are written that do not
draw from a U.S. bank will have processing fees imposed by the banks. Processing
fees imposed by the bank will be billed to the customer.
4. Late Payments:
When customer payments are late, the account(s) will be suspended on the 15th
of the month and cancelled at the end of the month if there is no payment
made. The customer will have the option of reactivating the account after
paying the full amount of the invoice due and an additional fee of $15.00
will be assessed for reactivation. The reactivation fee is non-negotiable.
5. Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of the following occur:
a. The card has expired;
b. The card declines our charges for any reason;
c. The card is reported lost or stolen;
d. The card is declared invalid by our processing system.
If a credit card payment fails, the customer will be sent an e-mail and postal
notice with 15 days to rectify the situation either with a new payment method
or by updating the credit card information. The customer’s account(s)
will be suspended on the 15th of the month and cancelled at the end of the
month if there is no payment made. The customer will have the option of reactivating
the account after paying the full amount of the invoice due. An additional
fee of $15.00 will be assessed for reactivation. The reactivation fee is
non-negotiable.
6.Frequently Delinquent Policy:
Nonstick Media considers a customer to be "frequently delinquent" after
the third past due or credit card problem notice within any one year period.
Customers who become "frequently delinquent" are required to have
a positive account balance at all times to receive continued service. On the
30th day of any month, a "frequently delinquent" customer must have
enough money in his/her account to cover the next month’s hosting fee.
When a "frequently delinquent" customer fails to have sufficient
funds to pay for the next month of service, the account will be suspended immediately
and the account will remain suspended until the end of the month and cancelled
if there is no payment made. This policy applies to all payment methods. This
policy is non-negotiable.
7.Cancellation Policy:
A cancellation will only be accepted if it is done by one of the following
methods:
a. When customer payments are late, the account(s) will be
suspended on the 15th of the month and cancelled at the end of the month if
there is no payment made.
b. The customer must submit his/her virtual authorization by requesting cancellation
via email to: cancellation@NonstickMedia.com
The request must include the following information:
Account name and password
Cancellation request
c. The customer must fax a cancellation request to 847.622.2361.
The request must include the following information:
Account name and password
Cancellation request
Signature of account owner
When a cancellation request is made, the technical department
will immediately remove all configuration information as well as all contents
of the account. Nonstick Media will remove all files. This will include unread
e-mail left on Nonstick Media servers.
8. Refund Policy:
If an account is canceled within the first 30 days of service, the customer
will receive a full refund of all account fees except overages. This 30 day
policy shall include the 30th day. Any over usage fees including but not
limited to additional bandwidth will not be refunded.
9. Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in full.
10. Billing Records:
The customer is responsible for keeping records current at all times. Nonstick
Media is not responsible for actions that are taken as a result of customer’s
failure to respond to Nonstick Media notifications.
11. Uptime Guarantee
We Provide 99.9% Uptime Guarantee
*As an example, in a 30 day month there are 43200 minutes.
If your site is down for more than 172.8 minutes in any month you don't pay
the entire month of service fees for the sites affected by the outage. This
only applies to the billing for the sites that are down. This policy does not
apply if an outage of a web site occurs due to customer induced problems or
negligence.
For Support please use a contact below:
e-mail: mailto:support@nonstickmedia.com
Fax: 847.622.2361
Phone: 847.270.7602
Emergency Cell Phone: 847.204.9605
You can submit billing information changes to Nonstick Media via email to:
mailto:sales@nonstickmedia.com or fax to 847.622.2361 . Any fax must include
the main account user name / password as well as. You may also fax an update
signature of the account owner.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM US USING PAYSYSTEMS
POINTS YOU ARE THEREBY AGREEING TO THE FOLLOWING: PAYSYSTEMS CORPORATION IS
ONLY A SELLER OF PAYSYSTEMS POINTS THAT ARE REDEEMABLE FOR PRODUCTS OR SERVICES
AT PARTICIPATING WEB SITES SUCH AS THIS. UNDER NO CIRCUMSTANCES SHALL PAYSYSTEMS
BE CONSTRUED AS OFFERING ANY OTHER PRODUCT OR SERVICE TO ANY PARTY WHATSOEVER.
PAYSYSTEMS CORPORATION SHALL NOT BE LIABLE TO ANY PARTY ON ANY GROUNDS FOR
ANY PRODUCT OR SERVICE OFFERED FOR SALE BY US ON OUR WEB SITE, BY TELEPHONE
OR OTHERWISE.
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