You should carefully read the following Terms and Conditions. Your use of our products or services implies that you have read and accepted these Terms and Conditions.
NuaSoft reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.
Acceptable Use Policy
NuaSoft strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other NuaSoft customers and us against such harm.
Account Cancellation:
You may cancel at anytime. Phone requests will not constitute acceptance
of any cancellation. To cancel your account, please contact Customer
Service at support@NuaSoft.com.
Notification of cancellation must be received at least five business
days prior to your accounts renewal date. It is the Clients Responsibility
to secure email confirmation from NuaSoft that account has been
cancelled. If the client has not yet received email confirmation
of account cancellation, then the account remains active, and you
will continue to be invoiced.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
Indemnification
Policy:
You agree to use all NuaSoft services and facilities at your own
risk. NuaSoft specifically disclaims all warranties of merchantability
and fitness for a particular purpose. In no event shall NuaSoft
be liable for any loss, or loss of data, or other commercial damage,
including but not limited to special, incidental, consequential
or other damages. Customer agrees that it shall defend, indemnify,
save and hold NuaSoft harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney’s fees
asserted against NuaSoft, its agents, its customers, officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by customer,
it’s agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless NuaSoft against liabilities arising
out of:
(1) any injury
to person or property caused by any products sold or otherwise distributed
in connection with NuaSoft’s server;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from NuaSoft’s
server.
NuaSoft shall be the sole judge of what violates this Policy.
SPAM Policy:
NuaSoft is committed to a zero-tolerance, anti-Spamming policy.
Under this policy, we prohibit Spam, or any unsolicited commercial
email, from being sent either: Over the NuaSoft network, by customers
or any other users of the NuaSoft network (including customers'
customers); AND/OR over ANY network— if the message sent advertises
or mentions a site hosted on the NuaSoft server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an NuaSoft email address or web site URL is prohibited. The use of NuaSoft servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of € 600.
If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@NuaSoft.com.
Domain Name Policy.
Content Policy:
All services provided by NuaSoft may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any law is prohibited. This includes,
but is not limited to: copyrighted material, trademark, intellectual
property, material we judge to be threatening or obscene, or material
protected by trade secret and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless NuaSoft from
any claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all NuaSoft servers. This includes sites that may infer sexual content, or links to adult content elsewhere. NuaSoft will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to NuaSoft servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
NuaSoft does not host sites of its competitors or web pages promoting
sites of its competitors.
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
NuaSoft will be the sole arbiter as to what constitutes a violation of this provision.
Email Policy:
NuaSoft may not be the source, intermediary, or destination address
involved in the transmission of any unsolicited email, email bombs,
hate email, or any mass email. Your email account may not be referenced
as originator, intermediary, or reply-to address of such email.
We consider mass email any email message sent to more than 25 email
addresses or more than 10 news groups.
CGI Scripts
Policy:
Each account comes with its own cgi-bin. You are free to use any
CGI scripts you wish, however we reserve the right to disable any
CGI script that effects normal server operation or service to other
NuaSoft customers. You will be notified in 24 hours about offending
cgi script. No chat room or similar scripts allowed.
Chat Policy:
NuaSoft does not allow chat rooms. You can however link your site
to a chat provider. Some examples of chat providers are: www.humanclick.com,
www.liveperson.com, and www.livehumanhelp.com.
Traffic Policy:
NuaSoft allows for very generous traffic, and most sites never exceed
500MB per month, unless they offer shareware, sound, video, image
and multimedia archives, are mirror sites or any site whose primary
purpose is file distribution. NuaSoft customers are discouraged
from storing any files that cause excessive traffic on NuaSoft servers.
Please contact NuaSoft Technical Support team for more information.
Again, 99% of sites do not fall into this category and never
reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to NuaSoft or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
All account plans come with a predetermined traffic allowance. We monitor all accounts and bill € 10.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.
Uptime Guarantee
We guarantee that the server and connectivity will be available at least 99.99% per calendar month, excluding scheduled maintenance outages and upstream provider issues. If the monthly outages exceed the maximum allowed .01%, Nuasoft will credit 5% (five percent) of the client's monthly fee per additional 30 minutes of outages, up to 100% (one hundred percent), excluding any overage fees, of the monthly fee. If you have one plan across multiple servers, the average uptime across shall determine the uptime percentage. In order to qualify for a credit, it must be requested at the end of the calendar month, within 30 days, and your account must be in positive standing.
Backups:
Full backups are made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind, either expressed or
implied, as to the integrity of these backups. Backups are made
for server restoration purposes only. It is the clients' responsibility
to maintain local copies of their web content any information. The
"Backup Manager" is included in each hosting plan and
client can use this tool to back up their files. If loss of data
occurs due to an error of NuaSoft, we will attempt to recover the
date for no charge to the client. If data loss occurs due to negligence
of client in securing their account or by an action of the client,
NuaSoft will attempt to recover the data from the most recent archive
for a € 60.00 fee.
Fee Policy
As consideration for Nuasoft's domain name registration, administration,
and renewal services, you agree to pay all initial registration
fees and applicable renewal fees with respect to each TLD name registered
in Euro at the time of registration or renewal.
All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled, or transferred prior to the end of your then current registration term. We also reserve the right to change domain name registration and renewal fees at any time for any reason at our sole discretion. If you do not pay any initial fees or renewal fees when due or your credit card charge is not accepted for any reason within three (3) business days after any initial fee is due or within ten business days after any renewal fee is due, or in the event of any charge back of any payment at any time, we will have the right to transfer ownership to us of all TLD names for which payment was not received, without further notice. In the case of renewals, we will notify the billing contact on the WHOIS directory with respect to the TLD name eligible for renewal, and it shall be your responsibility to ensure that all such fees are paid prior to the expiration of the term of registration of each TLD name you wish to renew. You agree that we shall have no liability whatsoever with respect to any such cancellation. We reserve the right to adjust our registration and renewal fees prospectively upon fifteen (15) calendar days prior notice.
No Guarantee of Registration or Renewal
You agree that Nuasoft cannot guarantee you will be able to register
or renew any specific domain name, even if your inquiry indicates
that domain name is available. Even if a domain name appears to
be available, you acknowledge that Nuasoft cannot know with certainty
whether or not another party is simultaneously seeking the domain
name you are seeking to register, or whether there are any inaccuracies
or errors in the domain name registration or renewal process or
in the WHOis and other databases. You also agree that Nuasoft may
elect to accept or reject your application for registration or renewal
for any reason at its sole discretion. Such rejection may include,
but is not limited to, rejection due to a request for registration
or renewal of a prohibited domain name. You also agree that Nuasoft
is not liable or responsible in any way for any omissions, errors
or any other actions by any registry administrator arising out of
or related to your application for and registration of, renewal
of, or failure to register or renew a particular domain name. You
also agree to indemnify, defend and hold harmless the applicable
registry administrator and its officers, directors, employees, and
agents from and against any and all claims, damages, liabilities,
expenses, and costs (including reasonable legal fees and expenses)
arising out of, or related to, your submission for and registration,
renewal, or failure to register or renew a particular domain name
or names.
Term & Registration Period.
The term of this Agreement will continue to be in force during the
time in which you have any TLD name registered through us. At your
discretion, we will register each TLD name for a period of one (1)
to ten (10) years for .com, .net and .org.
After Expiration of The Term of Domain Name Registration.
You agree that we may, but are not obligated to, allow you to renew
your domain name after its expiration date has passed. After expiration
of the term of a domain name registration services and before deletion
of the domain name in the applicable registry's database, you acknowledge
that we may direct the domain name to name-servers and IP address(es)
designated by us, including, without limitation, to no IP address
or to IP address(es) which host a parking page or a commercial search
engine that may display advertisements, and you acknowledge that
we may either leave your WHOIS information intact or that we may
change the contact information in the WHOIS output for the expired
domain name so that you are no longer the listed registrant of the
expired domain name.
After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.
You agree that after expiration of the term of a domain name registration we may, for a period of 30 days, either i) remove the domain name from the zone of the top-level-domain (meaning that the domain name will no longer resolve), or ii) direct the domain name to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) which host a parking page or a commercial search engine. You agree that either are functionally equivalent to ICANN's or a registry's redemption grace period, which would normally occur after deletion. If we exercise our rights under this provision, and if you do not transfer the domain name services to another registrar nor contact us to pay for and renew the domain name prior to the end of the 30 days, you agree that you have abandoned the domain name.
After this 30 day period, you agree that we may, possibly via a sub-contractor, solicit and provide for a third party to pay to renew the domain name's registration term and to allow such a third party to assume complete control over the domain name services as a registrant name.
Alternatively, if you do not contact us to renew the domain name registration services during the 30 day period described above, and if we are unable or unwilling to allow such a third party to assume complete control over the domain name services as a registrant, you agree that we may either (i) delete the domain name at any time thereafter or (ii) that we may pay the registry free or otherwise allow it to continue to be registered with the WHOIS information previously provided by you and pointing to the name-server(s) and IP address(es) designated by us, and that we will not remove it from the TLD zone. In the latter event, the name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 90 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS information, provided that you pay a fee of €200 After the end of the 90-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services, and that you are no longer the registrant of the domain name, and that we may list ourselves or another party as the registrant of the domain name in the WHOIS information. If we exercise our rights under this provision and you do not wish to be listed as the registrant and you wish to forego your option under this provision to pay to renew the domain name registration services for the then-current registration term, you may notify us before the end of the 90-day period and request that we remove your information from the WHOIS record for the domain name, in which case we, or a third party we designate, will be listed as the registrant, and in which case you relinquish all rights and control over the domain name services, and in which case we may i) continue to point the domain name to IP address(es) designated by us, or ii) we may delete the domain name from the applicable registry's database.
ANNOUNCEMENTS: You agree that we may distribute information to you that is pertinent to the quality or operation of our Service(s) and the services of your Primary Service Provider which utilize our Service(s). These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet and/or they may include information or announcements which ICANN, the registries, or others may require us to distribute.
Overview of Dispute Policy.
By signing this agreement, you agree to be bound by our Uniform
Domain Name Dispute Resolution Policy. This dispute policy is incorporated
into this Agreement by reference. Any disputes regarding the right
to use your TLD name will be subject to the Uniform Domain Name
Dispute Resolution Policy (the Dispute Policy). Nuasoft may modify
the Dispute Policy at our sole discretion at any time in accordance
with the ICANN Agreement or any ICANN/Registry Policy. Your continued
use of our registration services after modification to the Dispute
Policy effectively constitutes your acceptance of those modifications.
If you do not agree to such a modification, you may request that
your TLD name be cancelled or transferred to another registrar.
You agree that you will be subject to the provisions specified in
the Dispute Policy in effect at the time your TLD name is challenged
by a third party.
Registration Data.
When you register or transfer a domain name, you are required to
provide us with certain information. This information includes:
Your full name, postal address, e-mail address, voice telephone
number, and fax number if available;
The name of an authorized person for contact purposes in the case
of a registrant that is an organization, association, or corporation;
The IP addresses of the primary nameserver and any secondary nameserver(s)
for the TLD name;
The corresponding names of those nameservers;
The full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the TLD
name;
The full name, postal address, e-mail address, voice telephone number,
and fax number if available of the administrative contact for the
TLD name;
The name, postal address, e-mail address, voice telephone number,
and fax number if available of the billing contact for the TLD name;
and
Any remark concerning the registered TLD name that should appear
in the WHOIS directory.
You agree to update this information to keep it current, complete and accurate. You also agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
Web Design Legal Stuff.
Nuasoft Web Services does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Nuasoft Web Services be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Nuasoft Web Services has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights and Trademarks.
The client represents to Nuasoft Web Services and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Nuasoft Web Services for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Nuasoft Web Services and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Nuasoft Web Services and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyright to Web pages.
Copyright to the finished assembled work of web pages produced by Nuasoft Web Services is owned by Nuasoft Web Services. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Nuasoft Web Services and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Payment of fees.
In order Nuasoft Web Services to remain in business, payments must be made promptly. Delinquent bills will be assessed a € 15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Nuasoft Web Services reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by a representative of Nuasoft Web Services.
Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Ireland, and any dispute will be litigated or arbitrated in Ireland.
Initial Payment and refund policy
If the client halts work and applies by registered letter for a refund within 10 days, work completed shall be billed at the normal hourly rate and deducted from the initial payment, the balance of which shall be returned to the client.
If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the normal hourly rate. No portion of this initial payment will be refunded unless written application is made within 10 days of signing this contract.