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).
Our Appropriate Use Policy, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, correspondence between the Company and the subscriber, and any other information related to the subscriber, the account, or any past or current services. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition Nobis Technology Group, LLC shall have the right to terminate all service set forth in this Agreement if, in the sole discretion of Nobis Technology Group, LLC, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other company policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid forfeited.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
2a. Bandwidth Overages:
Bandwidth Overages: All Ubiquity bandwidth overages are billed at $0.20 per GB for metered transfer customers. Customers on 95th percentile billing will be billed an overage rate agreed to upon sign-up, or their current Per Mbps 95th percentile rate, whichever is higher.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company automatically charges subscriber's credit card every month. Nobis Technology Group, LLC reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments & Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $150 reconnect charge. Please note that Nobis Technology Group, L.L.C., reserves the right to take ownership of colocated equipment should the account be more than 30 days past due on any payments. Any co-located equipment located within our facilities which is left beyond the course of an agreement for us to provide co-location services is subject to a storage fee equal to the rate of the co-location fee that would otherwise be associated with the equipment. If the equipment is sold, the selling price will be used towards the bill, minus a 15% processing fee, with any remainder leftover being held indefinitely. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by Nobis Technology Group, LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service.
5. Refund & Disputes:
All payments to Nobis Technology Group, LLC, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Nobis Technology Group, LLC' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Nobis Technology Group, LLC an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation
All requests for canceling accounts must be made via http://motion.ubiquityhosting.com with at least 72 hours before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.
8. Service Disruptions:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.
9. Support Boundaries
Nobis Technology Group, LLC, provides 24/7 technical support to our subscribers. Ubiquity only ensures that the server is online and is remotely accessible. Nobis Technology Group, LLC does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Nobis Technology Group, LLC does not provide technical support for YOUR customers. If you can email, we encourage you to email email@example.com for assistance.
10. SPAM and Unsolicited Commercial Email (UCE)
Nobis Technology Group, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM (of any kind) over our network. Very simply this means that customers of Nobis Technology Group, LLC may not use or permit others to use our network to transact in UCE. Customers of Nobis Technology Group, LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Nobis Technology Group, LLC's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Nobis Technology Group, LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Nobis Technology Group, LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Nobis Technology Group, LLC may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Nobis Technology Group, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Nobis Technology Group, LLC will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Nobis Technology Group, LLC personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Nobis Technology Group, LLC network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
We permit the sending legal, CAN-SPAM act compliant e-mail from one IP address per server or VLAN without additional charge. Additional charges apply whenever mail will be sent from multiple IP addresses or if any of the IPs are being used in connection with bulk e-mail, such as hosting sites which are referenced (via hyperlink or otherwise) in bulk messages. All IP addresses that will be used on a server or VLAN that is used for or in connection with the sending of e-mail are billed at a rate of $4.00 per IP address per month. This rate applies to all IP addresses associated with the server or VLAN from which the e-mail is being sent, including those addresses which aren't being used for or in connection with the sending of e-mail. Any customer found to have used multiple IP addresses on one server or VLAN for the sending of e-mail will, at the sole discretion of Nobis Technology Group, LLC, be charged $4.00 per IP address retroactively from when the IP assignment was made. Nobis Technology Group, LLC requires that all clients maintain opt-in information for all subscribers including the date, time, and source that each e-mail was added to the mailing database. This information must be retained for not less than 90 days and must be supplied to Nobis Technology Group, LLC upon request. The opt-in information may be forwarded to any complainant alleging that they have received SPAM e-mail messages.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice without refund.
11a. IP Address Ownership
IP Address Ownership: If Nobis Technology Group, LLC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Nobis Technology Group, LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by Nobis Technology Group, LLC in its sole discretion in connection with the Services, during the term of this Agreement. Nobis Technology Group, LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Nobis Technology Group, LLC, and Nobis Technology Group, LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion, at any time and without any advanced notice. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
11b. Bandwidth Usage:
Nobis Technology Group, LLC will monitor Customer's bandwidth. Nobis Technology Group, LLC shall have the right to take corrective action if Customer's usage negatively impacts other clients.
11c. System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Nobis Technology Group, LLC Network. Violations of system or network security may result in civil or criminal liability. Nobis Technology Group, LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation.
* Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
* Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
* Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
* Taking any action in order to obtain services or access to which such User is not entitled.
Using any method to change, mask, hide, or otherwise obscure the source of any IP packet, including but not limited to the use of "spoofing" techniques, open relays or proxies, or the use of any inaccurate or unauthorized information or domain name, including TLD, in a PTR or other reverse DNS record that provides for IP to name resolution, including records hosted on Nobis Technology Group, LLC DNS servers or any other server to which IP to name resolution authority is delegated or otherwise assigned.
Notification of Violation
Nobis Technology Group, LLC is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Nobis Technology Group, LLC determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Nobis Technology Group, LLC's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Nobis Technology Group, LLC determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
13. Suspension of Service or Cancellation
Nobis Technology Group, LLC reserves the right to suspend network access to any customer if in the judgment of the Nobis Technology Group, LLC network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Nobis Technology Group, LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
14. Changes in Policy
Nobis Technology Group, LLC wishes to emphasize that in agreeing to the Nobis Technology Group, LLC Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Nobis Technology Group, LLC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Nobis Technology Group, LLC or the bringing of any claim against Nobis Technology Group, LLC by any third-party. This means that if Nobis Technology Group, LLC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Nobis Technology Group, LLC, plus all costs and attorney's fees.
16. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
The typical time for the provisioning of new orders is 3 business days after the day we receive payment for the order. Unless the order takes longer than 3 business days to complete or we have made other arrangements in advance, the renewal date for all subsequent periods of service will be based on the date on which payment was received for the order. If the order takes longer than 3 business days to complete, the client may request that the renewal date for subsequent periods of service to be updated to reflect the actual date on which the server was deployed.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Nobis Technology Group, LLC takes no responsibility for any material input by others and not posted to the Nobis Technology Group, LLC Network by Nobis Technology Group, LLC. Nobis Technology Group, LLC is not responsible for the content of any other websites linked to the Nobis Technology Group, LLC Network; links are provided as Internet navigation tools only. Nobis Technology Group, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Nobis Technology Group, LLC is not responsible for any damages your business may suffer. Nobis Technology Group, LLC does not make implied or written warranties for any of our services. Nobis Technology Group, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Nobis Technology Group, LLC.
17. Responsibility for Content
You, as Nobis Technology Group, LLC' customer, are solely responsible for the content stored on and served by your Ubiquity Hosting Solutions server.
18. Colocation Liability
Nobis Technology Group, LLC assumes zero liability for colocated hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in colocation with Ubiquity.
19. Price Errors
Nobis Technology Group, LLC reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by Nobis Technology Group, LLC to be a mistake.
In accordance with ARIN policies, general subscriber information, including the company name (or, if no company name is registered, the first and last name of the primary account holder), street address, city, state, postal code, and country, is made publicly available for all IP address re-assignments via our rWHOIS server operating at rwhois.nobistech.net port 4321.