Josh Ideas, Inc - Terms of Service
By using Nibble Hosting’s ("Nibble Hosting", "our", "us" or "we") products and services, you ("you", "your", "Client" or "Customer") agree to comply with our policies. Nibble Hosting reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason. Nibble Hosting also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, his or her service will be terminated.
Acceptable Use Policy
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
The provisions of this Terms of Service are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Terms of Service, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates’ commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.
Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.
All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.
Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not "opted-in" to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Nibble Hosting upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an "opt-in" process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and "opt-in" elections and provide such records to Nibble Hosting upon its request. If a user cannot provide positive and verifiable proof of such consents and "opt-in" elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:
- use of our network for the receipt of replies to unsolicited mass e-mail;
- forgery of e-mail headers (spoofing);
- spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software;
- configuration of a mail server to accept and process third-party messages for sending without user identification and authentication;
- hosting web pages advertised within "spam e-mail" sent from another network (spamvertising);
- hosting web pages or providing services that support spam;
- any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and
instructing others in any activity prohibited by this Terms of Service.
If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, your account may be suspended and possibly terminated upon review. If we deem your account at risk for repeated Terms of Service infractions, we may suspend and/or terminate all accounts on it.
HARDWARE RESOURCE USAGE
As in all virtual server environments, CPU cores and disk I/O are shared among multiple VPSs. If your VPS is consistently maxing out one full core or more and impacting the performance of other client servers sharing the same host node, we may ask you to reduce your usage. Load may be generated by CPU usage and/or I/O. Disruptive load may result in a shutdown and/or suspension of the account regardless of the time lapse involved.
Although we have the ability to absorb and tolerate occasional DDoS attacks, targeted with frequent and/or disruptive attacks may be suspended and/or terminated.
For clients with BASH or Terminal access, we do not allow port scanning or UDP floods to be sent from our network. Accounts sending floods, port scanning, and/or creating artificial traffic will be suspended and/or terminated. If your account(s) are found to be degrading the connection speed of other clients, you will be notified via ticket and asked to reduce your usage.
STRICTLY PROHIBITED USES
The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:
- Adult content (Pornography of any kind)
- Denial of Service (DoS) attacks
- Port scanning
- Illegal downloads/Piracy
- Video chat (e.g., CamFrog, Visichat)
- Facebook crawlers
- Fake/Replica product websites
- Sports betting
- Fantasy sports betting
Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:
introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers;
causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information;
executing any form of network activity that will intercept data not intended for your server;
evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks;
interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack;
conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information;
soliciting the performance of any illegal activity, even if the activity is not performed; or
using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
The preceding list is an example and not an exhaustive list of prohibited activity.
Failure to adhere to the Acceptable Use Policy will result in service suspension and possibly termination with no refund. Any activity not mentioned above but which is considered illegal in the United States will result in immediate termination.
DMCA / LEGAL
Please report violations of this Terms of Service, including copyright infringement/DMCA, to abuse[at]joshideas.com.
Nibble Hosting websites are unmanaged. Nibble Hosting website services are designed for advanced Linux administrators, and experienced webmasters. In order to successfully manage our website services, the client should be familiar with Linux operating systems, tools, and services. Nibble Hosting provides basic tools needed to configure and maintain the client’s website. Nibble Hosting provides FAQ articles covering various topics which may offer insight into common questions regarding our services.
The client is responsible for managing his or her website. Nibble Hosting staff is available for general support covering the areas below. Nibble Hosting also works around the clock to ensure that our hardware and network is and up running as expected.
Please note that multiple replies to tickets will not ensure that you receive a faster response. We generally process tickets in the order in which they are received. We only offer support in English and Spanish and require that it be used to communicate with our staff. We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails, our ticket system, our IRC channel, or our community forum. Such behavior will result in a warning, followed by suspension and/or termination if the warning is not heeded.
Service Payment, Refunds and Cancellation Guidelines
All payment invoices are generated 10 days before payment is due. Failure to pay by the due date will result in suspended and, ultimately, terminated service. Late payments are subject to a 15% late fee. Nibble Hosting reserves the right to terminate your service at any point after your invoice is overdue, and will not be responsible for any data loss due to termination.
If the client creates a subscription to pay for his or her service(s) with Nibble Hosting, the client is responsible for canceling that subscription when he or she no longer wants service with Nibble Hosting. Nibble Hosting will not be responsible for handling or refunding any transactions that take place after the client has canceled his or her service with Nibble Hosting in the event that the client fails to cancel the related subscription.
Payment Chargebacks and Billing Disputes
Raising a billing dispute with our payment processors or charging back a payment made to Nibble Hosting will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances. Other Disputes Any threat of legal action against Nibble Hosting by a client will result in immediate account and service termination without refund.
Ordering from a VPN or proxy will likely cause your order to be flagged as potential fraud, requiring additional verification in order to use our services. Please order without a VPN if at all possible. We require your real first and last name, as well as accurate information in all other fields, upon placing an order. If you provide false information when placing an order, your service may be suspended and/or terminated without notice upon manual review. Each client may have only one account with Nibble Hosting. Permission to create additional accounts must be requested via ticket prior to ordering. All related accounts may be suspended and/or terminated if permission has not been requested before creating more than one.
We provide DDoS filtering for all website accounts. We do not offer any guarantees attached to the filtering system.
Nibble Hosting does not take backups of client website data. Nibble Hosting recommends that clients backup their website data to their personal computers or remote storage servers. Clients are responsible for their own data. Nibble Hosting shall by no means be responsible for data loss.