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Terms of Service (TOS)

NeonHQ agrees to provide services to the Subscriber, subject to the following TOS (Terms of Service).

Use of NeonHQ Service constitutes acceptance and agreement to NeonHQ's AUP (Acceptable Use Policy) as well as NeonHQ's TOS (Terms of Service).

The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the AUP by the Company shall not be grounds for early termination of contract or non-payment of service.

  1. Service Rates
    Subscriber acknowledges that the nature of the service provided 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.

  2. Payments and Fees
    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. Service will be interrupted on accounts that reach 7 days past due.

  3. Refund and Disputes
    All payments to the Company are refundable within 14 days of service. There will be an admin charge of 3% of the refund amount or US$1.00, whichever is greater. Any billing disputes must be reported within 30 days of the time the dispute occurred.

  4. Failure to Pay
    The Company may temporarily deny service or terminate service to Subscriber upon the failure of Subscriber to pay charges when due.

  5. Account Cancellation
    Requests for canceling accounts may be made by email with at least 3 days notice.

  6. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes. In no event shall the company be liable for any special or consequential damages, loss or injury.

  7. New Domain Accounts
    All new webhosting accounts involving new domains will be set up within 1 to 3 business days.

  8. Support Boundaries
    NeonHQ limit our technical support to our area of expertise. NeonHQ provides support related to your virtual site physical functioning. NeonHQ does not offer tech support for application specific issues such as cgi programming, html or any other such issue. We encourage you to check at our FAQ page first before requesting for our tech support.

  9. SPAM and Unsolicited Commercial Email
    NeonHQ takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of NeonHQ may not use or permit others to use our network to transact in UCE. Customers of NeonHQ 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 NeonHQ's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, NeonHQ will initiate an immediate investigation (within 24 hours of notification). If a customer is found to be in violation of our SPAM policy, NeonHQ may, at its sole discretion, restrict, suspend or terminate customer's account.

    Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their service immediately removed. The service will not be resumed until such time that you agree to remove ANY and ALL traces of the offending material immediately and agree to allow us to access to the server to confirm that all material has been COMPLETELY removed.

    NeonHQ will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. The server limits each user to 60 outgoing e-mail messages per hour. Hosting client agrees to stay within this limit.

  10. Bandwidth and Disk Usage
    Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. NeonHQ will monitor Customer's bandwidth and disk usage. NeonHQ shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in NeonHQ's sole and absolute discretion.

  11. System and Network Security
    Users are prohibited from violating or attempting to violate the security of the NeonHQ Network. Violations of system or network security may result in civil or criminal liability. These violations include, without limitation:

    1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

    2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

    4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

    5. Taking any action in order to obtain services to which such User is not entitled.

  12. Notification of Violation

    1. NeonHQ 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.

    2. Any User, which NeonHQ 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 NeonHQ's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

  13. NeonHQ reserves the right to amend its policies at any time. All customers of NeonHQ must adhere to the above policies. Failure to follow any terms or conditions will be grounds for immediate Cancellation. You will be held responsible for the actions of your users in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

  14. Indemnification
    NeonHQ wishes to emphasize that in agreeing to the NeonHQ Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies NeonHQ for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NeonHQ or the bringing of any claim against NeonHQ by any third-party. This means that if NeonHQ is sued because of a customer's or a user of a customer's activity, the customer will pay any damages awarded against NeonHQ, plus all costs and attorney's fees.

  15. You must provide us with, and keep current, good contact information about you. E-mail, fax, and telephone contacts are used, in that order of preference.

  16. NeonHQ is not responsible for any damages your business may suffer. NeonHQ does not make implied or written warranties for any of our services. NeonHQ 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 NeonHQ.

  17. It is absolutely forbidden to host pornographic content or IRC servers on the web hosting accounts. If your account is found hosting this material, it will be subject to immediate cancellation without refund.

  18. Responsibility for Content
    You, as NeonHQ's customer, are solely responsible for the content stored on and served by your NeonHQ server.