IMPORTANT NOTICE: *All payments made to Nobis Technology Group, LLC, are Non-Refundable*
Nobis Technology Group, LLC (also referred to as 'the Company', 'Ubiquity', 'Ubiquity Server Solutions' and 'Ubiquity Hosting Solutions' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Nobis Technology Group, LLC Service constitutes acceptance and agreement to Nobis Technology Group, LLC's AUP as well as Nobis Technology Group, LLC's TOS policy (Terms of Service).
1. Illegal use: Ubiquity Hosting Solutions services may not be used for illegal purposes, or in support of illegal activities. Ubiquity Hosting Solutions reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Threats: Use of the service provided by Ubiquity Hosting Solutions to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
3. Harassment: Use of the services of Nobis Technology Group, LLC to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
4. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
5. Fraudulent activity: Use of Ubiquity Hosting Solutions service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters.
6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the services of Nobis Technology Group, LLC to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the immediate termination of the offending customer's account without warning or reimbursement.
Legitimate uses of bulk email in a manner consistent with United States law may be permitted at the sole discretion of Nobis Technology Group, LLC Ubiquity's abuse resolution policy is to serve all abuse complaints via our ticket system at http://support.ubiquityhosting.com and assure that they are handled professionally. Accounts generating complaints from recognized blacklist databases will incur a one-time administrative fee of per complaint and are expected to resolve these issues themselves. In the event of a Spamhaus or Outblaze blacklist listing, an additional administrative fee will be issued along with immediate termination. Should a contract be involved, the client must immediately pay the remainder of the balance owed between the current date and the end of the term per the original agreement.
7. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Ubiquity Hosting Solutions account.
8. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Ubiquity Hosting Solutions service is in violation of this AUP.
9. Usenet SPAMing: Nobis Technology Group, LLC has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
10. Unauthorized access: Use of the Ubiquity Hosting Solutions service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Ubiquity Hosting Solutions or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Ubiquity Hosting Solutions account is subject to immediate termination.
11. Copyright or trademark infringement: The use of services provided by Nobis Technology Group, LLC to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
12. Collection of personal data: Use of the Ubiquity Hosting Solutions service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
13. Network disruptions and unfriendly activity: Use of the Ubiquity Hosting Solutions service for any activity which affects the ability of other people or systems to use Ubiquity Hosting Solutions Services or the Internet. This includes "Denial of Service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Ubiquity Hosting Solutions will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Ubiquity Hosting Solutions services could result in suspension service.
18. Third Party Accountability: Nobis Technology Group, LLC subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Appropriate Use Policy.
19. Internet Relay Channel: IRC is allowed on Ubiquity's network. If you are planning running an IRC server, please notify our staff at signup as these machines require special attention. As with any of our servers, illegal activity is not permitted on IRC, and Ubiquity will reserve the right to terminate accounts without refund if it appears such activity is being conducted. Ubiquity reserves the right to determine if or if not there is illegal activity being conducted in such an instance.
20. Pornographic Material: Adult content is allowed, contingent upon compliance with all U.S. regulations, as well as the regulations of the location of the customer's residency. What sexual content is acceptable on our servers will remain at the sole discretion of Nobis Technology Group, LLC, and no other parties.