Terms and Conditions
Important Notice
All Shared Hosting payments To Nakomi Hosting
Solutions Have a 30-day Money Back Guarantee.
Nakomi Hosting Solutions agrees to provide the client
web hosting for a monthly/quarterly/semi-annual/annual
fee. Nakomi Hosting Solutions will never require clients
to advertise for Nakomi Hosting Solutions on their
website in any way shape or form unless agreed upon such
as a non-profit organization receiving complimentary
hosting. Clients are allowed to use the service for
business/commercial or personal websites or content.
Nakomi Hosting Solutions reserves the right to change
this agreement at any time without notice.
Contents
All services provided by Nakomi Hosting
Solutions may be used for lawful purposes only.
Transmission, storage, or presentation of any
information, data or material in violation of any France
(or any other country) law is prohibited. This includes,
but is not limited to: copyrighted material, material
that is threatening or obscene, or material protected by
trade secrets and other statue. The subscriber agrees to
indemnify and hold harmless Nakomi Hosting Solutions
from any claims resulting from the use of the service
which damages the subscriber or any other party.
Examples of Non-Acceptable Contents or Links
Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Software
Vip Poster
Hyip
Proxys (including proxy link websites)
Background Running Programs
We do not allow background-running programs.
This includes any IRC related software such as bouncers
and bots. In certain cases we may allow programs to run
continually in the background, these are considered on a
one to one basis and an extra charge will be incurred
based on system resources used and operational
maintenance needed.
Banned Scripts
You are free to use any scripts you wish
provided they do not affect the normal operations of the
server and they are not mentioned specifically below.
Scripts that are commonly known for causing server
disruption include large cgi-based message forums,
auctions, and banner exchanges. In the event a script
affects normal server and/or administrative operations,
Nakomi Hosting Solutions reserves the right to disable
the account pending client cooperation and resolution.
Violation of indecency and obscenity laws can result
in criminal penalties.
Intellectual Property Rights
Material accessible to you through Nakomi
Hosting Solutions's Services may be subject to
protection under the France (or any other country)
copyright laws, or laws protecting trademarks, trade
secrets or proprietary information. Except when
expressly permitted by the owner of such rights, you
must not use the Nakomi Hosting Solutions Service in a
manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any
material, which you access or receive through the Nakomi
Hosting Solutions Network. If you use a domain name in
connection with the Nakomi Hosting Solutions Service or
similar service, you must not use that domain name in
violation of any trademark, service mark, or similar
rights of any third party.
Defamation
Defamatory speech distributed over the Internet
can result in civil liability for the defamer.
Refusal of Service
Nakomi Hosting Solutions reserves the right at its sole
discretion to refuse or cancel service. Violation of any
of Nakomi Hosting Solutions's Rules and Regulations
could result in a warning, suspension, or possible
account termination. Accounts terminated due to policy
violations will not be refunded. Free domains which have
been granted for customers paying annually are released
to the customer at the end of there hosting period.
Domains terminated due to policy violations will not be
released to the customer.
Spam or Unsolicited E-Mail
You must not use the Nakomi Hosting Solutions Network,
Nakomi Hosting Solutions equipment or any Nakomi Hosting
Solutions email address in connection with the
transmission of spam, flames, mail bombs, or
substantially similar, unsolicited email messages. Your
domain may not be referenced as originator,
intermediary, or reply-to address in any of the above.
This prohibition extends to the sending of unsolicited
mass mailings from another service that in any way
implicates the use of the Nakomi Hosting Solutions
Network, Nakomi Hosting Solutions equipment or any
Nakomi Hosting Solutions email address. A message is
considered unsolicited if it is posted in violation of a
newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. For purposes
of this provision, merely making one's email address
accessible to the public will not constitute a request
or invitation to receive messages.
If you are found to have spammed, Nakomi Hosting
Solutions reserves the right to disable your domain
without warning. In addition, Nakomi Hosting Solutions
may impose a $100 penalty for each spam policy
violation. Nakomi Hosting Solutions solely reserves the
right to refuse or cancel service to known spammers.
Lastly, Nakomi Hosting Solutions reserves the right to
determine what violates this policy. As such, any
violation may result in cancellation of services without
refund.
Abuse
Any attempts to undermine, slander, libel,
threaten, or cause harm to a Nakomi Hosting Solutions
server, customer, employee, or the company directly is
strictly prohibited and is grounds for immediate
termination without refund. In addition, we will pursue
all attempts to the fullest extent of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save
and hold Nakomi Hosting Solutions (or it's
employee's/owners) harmless from any and all demands,
liabilities, losses, costs and claims, including
reasonable legal fees asserted against Nakomi Hosting
Solutions, 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 Nakomi Hosting Solutions against liabilities
arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in
connection with Nakomi Hosting Solutions server; (2) any
material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party
and (3) copyright infringement. Customer agrees to limit
the liability of Nakomi Hosting Solutions to the amount
paid for service.
Free Domain Offers
When this offer is being ran and you have a
valid promo code:
The terms & conditions for our free domain name offer
are plain and simple. We will register the domain name
for 1 year on your behalf (Only available for New
Customers during sign up). All we ask is that you stay
hosting with us for a minimum of 12 months. If you stay
for 12 months or longer and then decide to leave you are
free to take the domain at no charge. If you do not stay
for 12 months you will be required to pay the full price
of the domain name before your account can be cancelled.
Refund and Cancellation Policy
For payment, Nakomi Hosting Solutions accepts Visa,
MasterCard, Discover, American Express, Western Union or
PayPal. Nakomi Hosting Solutions invoices exclusively
via e-mail. Nakomi Hosting Solutions does not send out
invoices via postal services.
You may cancel your account at any time and receive a
full refund (excluding any setup fees or domain name
registrations fees incurred) if cancelled within our
thirty (30) days money-back guarantee period. Please note
that if you received a WHMC license you will be charged
$25.00 for each month the license was active if within
the 30 days. To receive this refund, you may not be on a
custom package of any sort. You must be on one of the
pre-created packages by Nakomi Hosting Solutions that is
listed on our site. You may cancel for any reason.
If after thirty (30) days you wish to cancel your
hosting account, you will receive no refund of any
monies already paid to Nakomi Hosting Solutions.
However, if customer cancels fifth teen (15) days
before recurring monthly billing date customer will not
be billed for the next month and all payments thereafter
will be cancelled with immediate effect.
Yearly billing customers are pro rata refundable only
for the 30 days of their first year of contract.
There no refund for yearly extended/ renewed contract.
No refunds also on ssl's, domain's or Dedicated servers.
Late Payment
Any account whose payment status is not current as of
the start of the next billing period is deemed late.
Generally, customers are given a 10 day grace period
after which the account is put on suspension with $20.00
of delay fees.
You will receive a payment reminder everyday from the
start of your payment due date. If after 30 days payment
has not been received or we have not been contacted
regarding payment, your account will be terminated
without any further notice. Reactivation of closed
accounts due to delinquency incurs a $120 reactivation
fee as well as payment of the balance due in full. For
late payments please contact our billing section to
arrange payment.
Cancellation
You must use only one of following methods to deliver a
official written notice of cancellation:
Please fill out the entire
Cancellation
Form. On receipt your account will be pending
cancellation within 24 hours. Please include your Name,
domain name, username, password and your reason for
canceling.
Disclaimer
Nakomi Hosting Solutions will not be responsible for any
damages your business may suffer. Nakomi Hosting
Solutions makes no warranties of any kind, expressed or
implied for services we provide. Nakomi Hosting
Solutions disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of
data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused
by Nakomi Hosting Solutions and its employees. Nakomi
Hosting Solutions makes a 99.9% Uptime guarantee.
Nakomi Hosting Solutions keeps daily backups of their
servers. Nakomi Hosting Solutions can accept no
responsibility for any loss of data or consequences
arising from this. Nakomi Hosting Solutions always
advises clients to back up their site data regularly for
its own protection.
Nakomi Hosting Solutions furthermore expects that its
customers who provide hosting services (resellers) to
others will ensure its customers fully comply with all
applicable laws concerning the privacy of online
communications and any other policy of Nakomi Hosting
Solutions. A customer's failure to comply with those
laws will violate this policy.
If a customer provides hosting services (resellers)
to others and decides to cancel their reseller hosting
account with Nakomi Hosting Solutions then Nakomi
Hosting Solutions will not be responsible for
maintaining hosting for the resellers customers.
Finally, Nakomi Hosting Solutions wishes to emphasize
that in accepting services, customers indemnify Nakomi
Hosting Solutions for the violation of any law or Nakomi
Hosting Solutions policy, that results in loss to Nakomi
Hosting Solutions or the bringing of any claim against
Nakomi Hosting Solutions. This means that if Nakomi
Hosting Solutions is sued because of activities of the
customer that violate any law, or this policy, the
customer will pay any damages awarded against Nakomi
Hosting Solutions, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions
will result in grounds for immediate account
deactivation.
Nakomi Hosting Solutions reserves the right to change,
edit, or update the policies contained in this document,
along with the content on our website at any time for
any reason without notice.
Ip limits
Seo ip limit - Accounts can only use the alloted
amount of ip's that come with a package to use toward
seo. If your package does not come with an ip you will
be allowed only 1 ip address for seo. Ip's used
for ssl's and valid uses will never been turned down. If
found frauding ip's for seo past these limits the
account(s) will be up for suspension and or termination.
Ip class's - Nakomi Hosting Solutions can not
promise that we will be able to provide different ip
classes on a single server. If we so happen to get more
then one class this can be done. This all depends on
what is available from our datacenter.
Due to a shortage of IP addresses around the world each
dedicated IP must be requested via the dedicated IP
request form and will only be given if the requester has
a complete and valid reason. Dedicated servers will be
charged a one time fee of $20 for each order.
Server Limits
25% cpu and or memory for 3 minutes.
Combined 5% CPU & RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Php upload limit of 15 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.
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