TERMS AND CONDITIONS
This part provides key provisions on the terms and conditions of the services offered by NetTeem, LLC. Please review carefully its content. If you have any questions regarding respective matter, you should direct them to our Customer Support.
The purpose of this Policy is to enhance the quality of the Services and to protect NetTeem's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from NetTeem (a "User"). Each User should use good judgment in connection with the Services. Parents should always supervise children under 18 of age in using the Internet.
Following use of the Site is not permitted:
Unsolicited Email (SPAM)
Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancellation. NetTeem takes a zero-tolerance approach to SPAM originating from our servers or for SPAM advertising of domains hosted on our servers. The following activities are not allowed:
NetTeem expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. NetTeem has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
Possible actions against violators of this Policy include, but are not limited to, depending on the violation:
NetTeem will not be responsible for any damages your business may suffer. NetTeem makes no warranties of any kind, expressed or implied for services we provide. NetTeem 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 NetTeem and its employees. NetTeem reserves the right to revise its policies at any time. Failure to follow any term or condition will be grounds for immediate account deactivation.
Reservation of Rights
NetTeem reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving NetTeem's Services, Customers and other Users. NetTeem reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. NetTeem may use technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that NetTeem is authorized to monitor its communications through NetTeem's network for such purposes.
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, NetTeem may, in its sole discretion, assess you with additional charges. If NetTeem elects to take any corrective action, NetTeem will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges.
Material accessible to you through NetTeem's services may be subject to protection under the United States or other copyright laws, or law protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use NetTeem or its servers and network 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 NetTeem network. If you use a domain name in connection with NetTeem or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the NetTeem network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, without limitation, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. NetTeem will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, NetTeem will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting NetTeem or any of its other customers.
Hereby you expressly grant to NetTeem a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by NetTeem under this Agreement. You will not consider such caching as an infringement of any of your intellectual property rights or any third party's intellectual property rights.
NetTeem reserves the right to refuse service to anyone. Customers may only use NetTeem server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of NetTeem management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in United States of America, in the State of New Jersey, and any dispute will be litigated or arbitrated in United States of America, in the State of New Jersey. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in United States of America, in the State of New Jersey Courts.
If it is accepted by NetTeem, an Order submitted by Customer creates a contract between Customer and NetTeem, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is "Accepted" by NetTeem when (i) with respect to Orders submitted online, NetTeem provides Services in response to the Order or bills Customer for payment and (ii) with respect to Orders reduced to writing and signed on an approved NetTeem form, when an authorized representative of NetTeem executes and delivers such form signed by Customer. NetTeem will provide, and Customer will purchase and pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the "Service Fees").
Fees are due at the time of order or on the day of renewal for Service renewal after the Initial Term and are non-refundable. For use of the NetTeem Service all fees and charges related to an account must be paid in full. In the event that a Customer wishes to upgrade their service, the pro-rated value of prepaid fees will be credited towards the upgrade fee. All fees are quoted and billed in US dollars unless otherwise noted. Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate. NetTeem may increase the Service Fees at any time on or after expiration of the Initial Term by providing 30 (thirty) days prior written notice thereof to Customer. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on NetTeem's net income). All such taxes will be added to NetTeem's invoices for the Service Fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid. If any check is returned for insufficient funds NetTeem may impose a processing charge of $25. If Services Fees are not paid in full on the due date NetTeem may charge interest of 1.5% per month on the outstanding balance until balance is paid in full.
Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive one month periods unless the Order is earlier terminated in accordance with its terms or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.
NetTeem has the right to discontinue service, or deny access to anyone who violates our Policies or the Terms and Conditions shown below without warning or prior notice. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below. All hosting accounts may be terminated that include the following content or which have links to the following content:
Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party's assets. NetTeem may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if NetTeem determines in good faith that Customer's use of the Customer Web site or the Customer Content violates the Acceptable Use Policy. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which NetTeem may be entitled.
Customers are responsible for maintaining accurate account information at all times including credit card and contact information.Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site. Customer will cooperate fully with NetTeem in connection with NetTeem's performance of the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for NetTeem's performance of its obligations that depend on Customer's performance on a day-by-day basis. Customer will notify NetTeem of any change in Customer's mailing address, telephone, e-mail or other contact information. Customer assumes full responsibility for providing End Users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use. Customer will provide NetTeem with a registered domain name for the Customer Web site, or, upon Customer's request and subject to NetTeem's Domain Name Registration terms and conditions. NetTeem will register an Internet domain name on behalf of Customer. Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by NetTeem to provide the Hosting Services, as the same may be changed by NetTeem from time to time. Specifications for the hardware and software used by NetTeem to provide the Hosting Services will be available on NetTeem's Web site or provided to the Customer upon request. Customer shall periodically access NetTeem's Web site to determine if NetTeem has made any changes thereto. NetTeem shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by NetTeem to provide the Hosting Services.
NetTeem represents and warrants to Customer that the Services will be performed (i) in a manner consistent with industry standards reasonably applicable to the performance thereof; (ii) at least at the same level of service as provided by NetTeem generally to its other customers for the same services; and (iii) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies NetTeem within 30 days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and NetTeem's sole obligation, for breach of the foregoing warranties shall be for NetTeem, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly Service Fees pro rated by the number of hours in which the Services have been interrupted. NetTeem may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers. The foregoing warranties shall not apply to performance issues or defects in the Services (i) caused by factors outside of NetTeem's reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment or any third-party equipment not within the sole control of NetTeem. Except as expressly provided in this section, NetTeem makes no representations or warranties of any kind, express or implied, with respect to the services or any software provided under this agreement, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title or non-infringement of third-party rights, and NetTeem hereby expressly disclaims the same. Without limiting the foregoing, any third-party software provided to customer hereunder is provided "as is" without any condition or warranty whatsoever. NetTeem does not warrant that the services will be uninterrupted, error-free or completely secure.
Limitation of Liability
In no event will NetTeem's liability in connection with the services, any software provided hereunder or any order, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate service fees paid to NetTeem by customer during the 12-month period immediately preceding the event giving rise to such liability.NetTeem cannot guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet. NetTeem will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content transmitted, received or stored on its system. Except as expressly provided below, neither party shall be liable in any way to the other party or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right hereunder, arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages. The limitations contained in this section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct.
Indemnification of NetTeem
Customer shall defend, indemnify and hold harmless NetTeem, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assignees (a. "NetTeem Indemnitees"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees) which any of the NetTeem Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User's use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer's domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by NetTeem, (v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by NetTeem to provide the Services, including any damage to NetTeem's servers or other hardware caused thereby.
NetTeem will not be liable for any delay, interruption or failure in the provisioning of services if caused by war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
Indemnification of Customer
NetTeem shall, at its own expense, indemnify, defend and hold Customer harmless from any claim or suit alleging that the Services infringe any United States patent, copyright or trademark existing on the Effective Date, or that NetTeem has knowingly misappropriated any trade secret or other intellectual property right of any other Person, including any losses, damages or expenses arising from any such claim or suit. Customer agrees to cooperate with and assist NetTeem in the defense or settlement of any such claim or suit. Customer shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing any cooperation or assistance requested by NetTeem, but NetTeem will not be liable for any costs or expenses incurred without its prior written authorization. Promptly after receipt by Customer of a threat of any claim or suit, or a notice of the commencement or filing of any claim or suit, against which Customer may be indemnified hereunder, Customer shall give written notice thereof to NetTeem, provided that failure to give or delay in giving such notice to NetTeem shall not relieve NetTeem of any liability it may have to Customer hereunder, except to the extent that the defense of such claim or suit is prejudiced thereby. NetTeem shall have sole control of the defense, and of all negotiations for settlement, of such claim or suit. Subject to the foregoing, Customer may participate in the defense of any such claim or suit at Customer's own expense. If an injunction, decree or judgment is, or NetTeem believes in its sole discretion is likely to be, entered providing that Customer may not use the Services as contemplated in this Agreement without violating the intellectual property rights of a third party, NetTeem may, at its sole option and expense, either (i) procure for Customer the right to use the Services or affected part thereof as provided in this Agreement; (ii) replace the Services or affected part thereof with other non-infringing services or modify the Services or affected part thereof so as to be non-infringing; or (iii) terminate this Agreement upon written notice to Customer. NetTeem assumes no liability for infringement claims arising from (i) use of the Services with third-party products or services where the third-party products or services cause the infringement, (ii) any modification of the Services not authorized by NetTeem in writing, (iii) the Customer Content, the Customer Web site or any content, data or information provided or supplied by an End User, or (iv) Customer's use of any third-party software provided hereunder. The foregoing defense and indemnification provisions state the entire liability and obligation of NetTeem, and the exclusive remedy of customer, with respect to any actual or alleged infringement of any intellectual property right by the services provided hereunder.
By accepting this agreement, the Customer also agrees with all applicable Terms and Conditions of the third-party providers NetTeem partners with to provide some of the services, as follows:
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
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