netCorps Hosting Policy Terms & Conditions

 

This hosting policy has been put together to provide you with a complete and comprehensive set of policies that bind netCorps as your hosting services provider, and you as our customer.

 

 

Table of Contents

Hosting Providers

netCorps hosts services on rented servers at secure locations through a number of different providers. The provider that we use depends on the service that we are providing to you. In all cases, where netCorps is your Direct Hosting provider, netCorps is your point of contact for technical support, billing support and sales enquiries.

 

The following services are currently provided by netCorps to our customers. Listed within each service below are the providers that we currently use. We have listed links to each of these Indirect Hosting provider’s Acceptable Use policies and their hosting policies as a convenience. netCorps is reponsisble for providing service to our customers that complies with the Acceptable Use and Hosting policies of these Indirect providers. In matters where netCorps hosting policies and any Indirect provider policies conflict, netCorps policies will apply.

 

E-Mail

netCorps provides e-mail hosting on leased server space from Cystaltech.com.

 

You can review Crystaltech’s policies here:

 

http://crystaltech.com/tos.aspx

 

As always, netCorps is your point of contact for technical support, billing support and sales enquiries for services purchased from netCorps.

 

 

Static Web Site Hosting

netCorps provides Static Web Site hosting on leased server space from Cystaltech.com and also from Dreamhost.com.

 

You can review Crystaltech’s policies here:

 

http://crystaltech.com/tos.aspx

 

You can review Dreamhost’s Hosting and Acceptable Use Policies here:

 

http://www.dreamhost.com/tos.html

 

You can review Dreamhost’s Privacy Policy here:

 

http://www.dreamhost.com/privacy.html

 

As always, netCorps is your point of contact for technical support, billing support and sales enquiries for services purchased from netCorps.

 

 

Plone Web Site Hosting

netCorps provides Plone Web Site hosting on leased server space from SixFeetUp.com.

 

You can review SixFeetUp’s Acceptable Use Policy here:

 

http://www.sixfeetup.com/hosting/acceptable-use-policy

 

You can review SixFeetUp’s Hosting Policy here:

 

http://www.sixfeetup.com/hosting/terms-conditions

 

You can review SixFeetUp’s Privacy Policy here:

 

http://www.sixfeetup.com/about-us/privacy-policy

 

As always, netCorps is your point of contact for technical support, billing support and sales enquiries for services purchased from netCorps.

 

 

Domain Name Service Hosting

netCorps provides Domain Name Service (DNS) hosting on leased server space from DNSMadeEasy.com and from GKG.net.

 

You can review DNSMadeEasy’s Acceptable Use Policy here:

 

http://www.dnsmadeeasy.com/s0306/pol/aup.html

 

You can review DNSMadeEasy’s Hosting Policy here:

 

http://www.dnsmadeeasy.com/s0306/pol/tos.html

 

You can review DNSMadeEasy’s Privacy Policy here:

 

http://www.dnsmadeeasy.com/s0306/pol/priv.html

 

You can review GKG’s Acceptable Use Policy here:

 

http://gkg.net/policies/server_aup.html

 

You can review GKG’s Hosting Policy here:

 

http://gkg.net/policies/serv_agree.html

 

As always, netCorps is your point of contact for technical support, billing support and sales enquiries for services purchased from netCorps.

 

 

Online Form Hosting

netCorps provides Online Form hosting on leased server space from WuFoo.com.

 

You can review WuFoo’s Acceptable Use Policy here:

 

http://wufoo.com/terms/

 

You can review WuFoo’s Privacy Policy here:

 

http://wufoo.com/privacy/

 

As always, netCorps is your point of contact for technical support, billing support and sales enquiries for services purchased from netCorps.

 

 

• netCorps, as your web hosting service provider, will supply Customer with a web hosting solution. For all accounts this solution will, at the very least, provide you with the selected amount of server or disk space to upload your website and an allocated amount of bandwidth transfer to allow for website connectivity. As your web hosting provider, we will make available various services and software for maintaining your website.

 

• Upon paying for and using the hosting services provided by netCorps, Customer indicates his/her agreement to the following terms and conditions, as outlined below. The use and or payment for netCorps services constitute an agreement with these terms and conditions. If you do not agree with any of these policies, please contact us immediately.

 

• Use of netCorps services requires Customer to be at least 18 years old.

 

• netCorps requires that Customer information provided to the netCorps is a complete and accurate representation of Customer contact details. Customer must be a valid representative of the entity or organization listed in netCorps records.

 

• This agreement supersedes any other oral agreement between netCorps and Customer.

 

Any of the terms, prices or services offered can be modified or updated with prior online or email notification.

 

 

Customer Responsibility

• Under netCorps's Web Hosting Agreement, Customer is responsible for uploading website files and/or providing and setting up any website content. netCorps is not responsible for modifying or updating website material, excepting material specifically authorized and contracted with netCorps by Customer.

 

• Customer is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the Customer.

 

• While netCorps will assist you in any way reasonable, we are not responsible for ensuring your Domain Name System (DNS) records are pointed at our servers. Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.

 

• Customer is responsible for updating and maintaining their contact information with netCorps. Any changes to the Customer contact information must be provided to netCorps by mail or email. Customer is responsible for ensuring that netCorps is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by netCorps to maintain the account.

 

 

 

Lawful Purpose

• netCorps reserves the right to refuse service to anyone in violation of our Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.

 

• Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.

 

• Customer accepts liability resulting from any breach of our AUP.

 

• Customer is responsible for making their end-users aware of all the policies of netCorps and is responsible for any breach of those policies by their end-users, as laid out in our AUP.

 

 

 

Domain Names

• netCorps is not a domain name registrar, though Customer may contract with netCorps to register a domain on Customer's behalf through a registered domain name registrar. Once a domain name has been registered or renewed by netCorps through a domain name registrar no refunds will be given for the domain registration or renewal fee.

 

• The Customer has full ownership rights over any domain name registered or renewed through any registrar where the domain registration fees have been paid in full, whether netCorps has performed the registration on behalf of Customer or Customer has registered the domain themselves through an authorized domain name registrar.

 

• No domain name will be registered or renewed by netCorps on behalf of Customer without prior authorization. netCorps will invoice Customer for registration and renewal fee costs.

 

• netCorps is not responsible for maintaining the registrant information for domain names.

 

• netCorps is not liable for any domain disputes that may arise over changed registrant information for a domain name.

 

• netCorps is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN (Internet Corporation for Assigned Names and Numbers), the domain name governing body. netCorps will not act as an arbitrator, but will honor any decisions determined by ICANN.

 

 

 

Cancellation Policy

• We reserve the right to cease hosting services for violation of our Acceptable Use Policy.

 

• If you do not wish to continue hosting with netCorps it is your responsibility to contact us to cancel your hosting contract.

 

• Changing Domain Name System records to point to services at a new hosting netCorps does not constitute cancelling a hosting contract with netCorps.

 

• All cancellation requests must be submitted by mail or email. You will need to indicate when you would like to cancel the hosting contract. Cancellation of a hosting contract does not mean cancellation of a domain name, the domain name belongs to you.

 

• Should Customer fail to adequately notify netCorps of their intent to cancel a hosting contract, and the hosting contract is automatically invoiced, we will pro-rate, per month, the hosting charge and refund any unused hosting charges.

 

 

 

Technology Parameters

• Customer is responsible for providing all telephone, computer, hardware and software equipment and services necessary to access netCorps networks, systems and servers. netCorps makes no assurances that the Customer's equipment is compatible with its services.

 

• netCorps is not responsible for any service problems experienced due to the use of any programs, scripts or software that are not provided by netCorps nor resides on netCorps network, systems or servers.

 

• netCorps is not responsible for the correct functioning or trouble-shooting of any programs, scripts or software placed on our servers by the Customer.

 

 

IP Address Ownership

• netCorps does not own and maintain IP addresses assigned to our hosting servers. IP Addresses are owned and maintained by netCorps's hosting environment vendors. Hosting environment vendors reserve the right to change or move IP addresses with prior notice to netCorps.

 

• netCorps will give notice and advise Customer prior to IP address changes or moves.

 

 

Electronic Commerce

• Customer is responsible for maintaining and creating their own online store.

 

• Customer is responsible for ensuring that products or services sold or made available are not illegal, are accurately represented and that the content of the store and related offerings do not infringe the rights of others.

 

• Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.

 

• Customer is responsible for the security of their Customers' credit card information. netCorps policy states that netCorps will not store credit card information on netCorps servers or networks and that storage of credit card information stored by Customer on netCorps servers or networks is the responsibility of Customer. netCorps policy states that Customer may not store credit card information on netCorps servers or networks.

 

• netCorps cannot be held liable for any disputed business transaction(s) between Customer and their Customers.

 

• netCorps is responsible for creating web certificate request files, installing certificates and providing IP addresses, as needed, for secure sites. netCorps reviews all security certificates for web sites hosted on netCorps server on a yearly basis.

 

• netCorps is responsible for installing and maintaining current server operating system security patches.

 

• netCorps is responsible for timely response to discovered security vulnerabilities and for implementing appropriate solutions.

 

• netCorps is responsible for security vulnerability testing of server operating system on a periodic basis.

 

• Customer and netCorps are both responsible for reporting security vulnerabilities, or suspicious activity, to each other as soon as they are discovered.

 

• Customer is responsible for ensuring secure transactions between Customer web site and any payment processor. netCorps cannot and does not monitor all code/content created on Customer's web site that relates to electronic commerce. netCorps will assist Customer to ensure that code/content for electronic commerce provides a secure connection to payment processor.

 

 

Website Accessibility

• Customers website will made available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding the following circumstances:

 

• Scheduled maintenance and regular system repairs as initiated by netCorps.

 

• Down time caused by circumstances beyond netCorps control.

 

• Down time caused by circumstances not reasonably foreseeable by netCorps such as (but not limited to) service problems experienced due to telecommunications or digital transmission links failures or interruptions, or general Internet failures or slow-downs.

 

 

Complaint Against Customer (excluding Trademarks and Copyright complaints)

• Generally speaking, unless netCorps is issued a court order, or otherwise required by law, netCorps will respond to third-party complaints or notices by submitting the information to Customer and asking Customer to respond appropriately. With few exceptions, we will not deactivate or delete Customer accounts.

 

• netCorps does not proactively review the website content or email of our Customers. In some situations, as outlined above or in our AUP, we will review website content or email to validate compliance with our AUP.

 

• We take no responsibility for the content or information contained on our Customers' websites or within their email.

 

 

Emergencies / Use Effecting Others

• We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate your website, shut down our network, or review the content on your website to evaluate the reason for perceived behaviours.

 

• In rare instances, we may need to completely delete your website because of some significant failure, security breach or other emergency. In such cases, we do our best to backup your website, but we cannot ever guarantee a full restore of your website.

 

 

Backups and Restores

• netCorps cannot guarantee that the contents of your website will never be deleted, or that a backup of your website will always be available.

 

• We always RECOMMEND that our Customers keep a local backup of their website. This means that all contents of a website should be copied to your local desktop computer and you should take steps to make a third backup (on tape, another desktop, or elsewhere).

 

• netCorps makes an incremental backup of each website, each night (starting around 12am, PST) with at least one full backup each week.

 

• We usually keep backups for 30 days and may charge an administrative fee to restore your website if asked to do so frequently.

 

 

Privacy

• netCorps will not, without Customer's permission, release or sell Customer's contact information, unless legally compelled to do so. Please note that in some circumstances, such as a court subpoena, Commodity Futures Trading Commission subpoena (under US Title 7, USC 15), or FBI summons under US Title 18, USC 2703(c), we must release your contact information without your knowledge.

 

• Customer gives netCorps consent to contact Customer directly, via United States Postal Mail, email or phone, regarding its services, for Customer survey feedback, general announcements or other information that netCorps may deem potentially important to Customer. (Please refer to our Privacy Policy for additional details)

 

 

Termination of Agreement

• This agreement may be terminated by either party upon written notice of a breach of the policies laid out in this service agreement.

 

• The termination is valid if either party breaches any policies laid out in this agreement and the breaching party fails to remedy the breach within two (2) weeks of receiving written notification of the breach or if either party is the subject of a filing of bankruptcy action in any court of competent jurisdiction, whether initiated by the party or adjudged against the party.

 

 

Limitations of Liability

• netCorps operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that one Customer could impact others.

 

• We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.

 

• We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where netCorps must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.

 

• netCorps makes no warranty, express or implied in connection with its products and services, including without limitation any implied warranties of merchantability or fitness for a particular purpose.

 

• The maximum liability of netCorps to Customer for damages relating to netCorps's failure to provide services shall be limited to reimbursement of the total fees paid by Customer to netCorps. Notwithstanding the foregoing, the maximum liability of netCorps to Customer for damages for any and all other causes whatsoever, and Customer's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to reimbursement of the total fees paid by Customer to netCorps. In no event shall netCorps be liable for (a) any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the network, systems, software or the services provided hereunder, even if netCorps has been advised of the possibility of such damages, or otherwise for any such claim, or (b) for any damages or costs arising from any third party's actions, failure to act, or delay in performing any obligation whatsoever. Without limiting the generality of the foregoing, netCorps shall not be liable for personal injury or property damage.

 

 

Hosting System Updates and Upgrades

• netCorps will maintain system software on all servers owned, or leased by netCorps, and apply system updates as needed to prevent unauthorized use or abuse by third parties.

 

• netCorps will maintain and update software provided by netCorps that is shared by Customers and is required for the continued operation of Customers hosted services. This includes operating systems, languages, database software and any third party proprietary software that netCorps provides for use as part of the Customer's service.

 

• Customer is responsible for providing updates to any proprietary applications that have been paid for by Customer and provided to netCorps for installation and use on netCorps owned or shared servers.

 

 

Plone Updates and Upgrades

• netCorps is responsible for Plone system Minor Updates within each Major Plone version.  A Minor Update is a jump between second order version numbers such as from Plone 3.2.1 to 3.2.2, or 4.0.1 to 4.0.7.  netCorps performs these Minor Updates to the Plone Content Management System as part of regular maintenance.  The updating of Minor Updates of Plone does not necessarily include updates to Plone Products (please, see further on for more about Products) that are required as a result of these Minor Updates.

 

• Migrations between Major Plone versions (i.e. Plone 2.5 to 3.0, or 3.2 to 3.3, or 3.3 to 4.0) are considered Upgrades and will be assessed on a Customer Site basis as an additional service.  netCorps will give Customer a formal quote for the cost of Upgrading to a newer Major version of Plone. The cost of an Upgrade is dependent upon the complexity of the site, the number of Plone Products installed and the amount of site customization. Customers should budget for a Plone site Upgrade every two to three years as new Major versions of Plone are released every year.

 

• netCorps is responsible for Minor Updates to Plone Products for the purpose of addressing security, or data integrity concerns, otherwise Minor Updates for Plone Products are performed on an As-Needed basis for which there may be an additional charge.

 

 

This policy is reviewed on an annual basis. If you have any questions regarding this policy, please contact netCorps at 541-465-1127, or through our website at www.netCorps.org.