Terms of Service (ToS)
This Terms of Service Agreement governs the relationship of NovaLayer.com (the "Service Provider"), its systems and resources (the "Service"), and any entity that is explicitly granted use of the Service (the "client").
Space: The space on your website is yours to use. Constant monitoring should be done if you plan to allow FTP access to your website for uploading. You take full responsibility for every file located on your website. Hosting of illegal files, or anything not allowed in this TOS agreement will result in suspension of your account until future investigation is made.
Account Data Loss: We do not personally create backups for your website files. You are responsible for these backups and we will not be held accountable for the loss of files.
Account Termination: We reserve the right to suspend your account if we suspect you are violating this TOS agreement. We will talk with you before deciding if you are not allowed at Contrast Hosting.
Misuse of Resources: The misuse of resources, including but not limited to employing applications that consume excessive CPU time are prohibited.
Content: If you are unsure if the content is all right for you to post, please contact us first. We will give a response for your inquire very shortly.
Domain Registration: If we register a domain for you, we register it under our company name. If you decide to move your site to another host or just want your domain, you can email us and we will transfer it to you. You should have the domain with us for at least a week before asking us to transfer it to you.
Keeping your scripts updated: You are responsible to keep your scripts installed on your account updated. If you are running outdated scripts you are taking the risk of allowing your account to be compromised and possible damage to the server. If we find an account that has been compromised we will suspend the account and contact the owner. If this happens more then once we may ask you to find another hosting provider. Note: All scripts installed must be installed by permission from the copyright holder and/or with a valid license from them.
1. Acceptance and Assignment
The Subscriber shall indicate acceptance of this Agreement in the course of submitting an order to the Service Provider through the Service Provider's electronic order form or by accessing the Service.
The Service Provider shall indicate acceptance of this Agreement by sending confirmation of the order to the Subscriber by electronic mail.
The Subscriber may not assign rights or delegate duties assumed by acceptance of this Agreement without the prior written consent of the Service Provider, and any attempted assignment or delegation without such consent shall be void.
The Service Provider shall provide access to the Services paid for by the Subscriber expressly for the use of the Subscriber, to include maintenance of the underlying hardware and network infrastructure necessary to connect the Service to the Internet and a password to support authentication while using the Service.
The Subscriber shall not obtain any right or title in any equipment or software belonging to the Service Provider or any third parties whose equipment the Service Provider may utilize to provide the Service.
During the term of this Agreement, and conditioned upon full payment of fees, the Service Provider grants to the Subscriber a non-exclusive, non-transferable license to access and use the Service solely in accordance with this Agreement and the guidelines set forth in the Acceptable Use Policy.
3. Invoicing and Payment
The Service Provider shall send an invoice to the Subscriber by electronic mail for any applicable fees related to administration, setup, upgrades, and use of the Service.
Administrative, setup, and upgrade fees shall be due at the time that they are assessed.
All recurring service fees shall be due in advance of the billing period incurred and any applicable overage charges relating to use of the Service shall be due at the end of the billing period in which such charges are incurred.
The Subscriber agrees to pay all fees invoiced by the Service Provider via Moneybookers or PayPal transaction. The Service Provider may, at its sole discretion, accept alternate forms of payment.
- Where the Subscriber has elected to automatically transact payments made to the Service Provider, the invoice sent to the Subscriber by electronic mail shall also service as the Subscriber's receipt of payment.
- Where the Subscriber has not elected to automatically transact payments made to the Service Provider, or in the event that an automatically-transacted payment should fail, the Subscriber shall promptly pay any invoiced charges to the Service Provider prior to the invoice due date.
- No Refund will be provided under any circumstances.
4. Term and Termination
This agreement shall remain in effect until notice of termination is provided by the Subscriber or Service Provider.
This Agreement and the Subscriber's access to the Service shall terminate as follows:
1.The Subscriber may terminate at the end of the present billing cycle
2.The Service Provider may terminate within thirty (30) days prior notice
3.The Service Provider may terminate with fifteen (15) days prior to the notice the Subscriber should the Subscriber fail to correct any breach of this Agreement
4.The Service Provider may immediately and without prior notice terminate upon determining, at its sole discretion, that the Subscriber is in violation of the Acceptable Use Policy.
5. We reserve the right to terminate your service in case of the following:
- Operation of Illegal activities
- Reports received from government or anti-piracy authorities
- DDoS attacks on our network (issued IP)
- Termination upon acceptable use policy breach
The client must provide a notice of cancellation of services 15 days prior to the end of billing cycle. If the contract is not cancelled in due time, it will automatically be extended for another month.
5. Force Majeure
Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
The Subscriber shall indemnify and hold the Service Provider harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney's fees and expenses that the Service Provider may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of the Subscriber or customers of the Subscriber which are in any way related to the Service.
While the Service Provider makes reasonable efforts to maintain the Service, many factors are not within the Service Provider's control. Therefore, the Service Provider does not warrant, and is not responsible for (even if caused by negligence of the Service Provider) any loss of data, delays, non-delivery or mis delivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service.
Loss, delay or non-delivery of data can be due to but not limited to the Service Provider's own negligence, viruses, or other third parties. The Subscriber's data is defined as any data held by the Service Provider and includes account information, web hosting data, email, and domain name services.
This disclaimer and waiver shall apply equally to any and all third party providers. The Service Provider makes no warranty to the Subscriber regarding the accuracy of usage statistics, which the Service Provider may provide at its discretion. Further, no advice or information given by any representative of the Service Provider shall create a warranty or serve as an amendment to this agreement.
7. Prohibited Data
The following items will not be tolerated and are only acceptable under the terms provided.
Illegal Downloads: The use of Warez, mp3 files that you are not the rightful owner of, cracks, and any other forms of copyrighted software that you are not legally allowed to use/distribute are all strictly prohibited.
XXX/Porn Websites: Child pornography is strictly prohibited. The only pornography allowed is legal/un-copyrighted material, and images/content containing males/females 18 years of age or older.
Spam: Spamming is frowned upon and we take this matter very seriously. Anyone found spamming will be suspended without a refund. This includes: sending advertisements to multiple e-mail addresses at one time (unless under the use of an opt-in mailing list), spamming Contrast Hosting in any way, or using forced attacks via e-mail.
Viruses: The following items are not allowed, nor will ever be allowed on Contrast Hosting servers: hosting viruses, or sending viruses via e-mail, or allowing users to download files with Trojans, viruses, or any harmful files. If you are looking to host this material, please look somewhere else.
Refunds are issued within 7 days of your hosting sign-up only for retraction, retractation is possible only if we cannot assure our service. Termination of your account for violation of this TOS is permanent grounds for non-refund.