Purpose
n390 will procure and manage web site hosting service on behalf of you, the Client. Because n390 may use multiple service providers, this agreement acts as a common Terms of Service (TOS) for you the client however, through this agreement, the client is bound by the same agreements n390 makes with its service providers.
Access
Shell, ftp or other interactive access to the hosting servers or systems is forbidden. The client agrees to only interact with their web site using the content management system interface provided by n390.
Excessive Resource Usage and/or Abuse
When an account uses more resources than it has been allocated, n390 will notify the client by means of an email sent to the primary email address on file and, depending on the severity, will either (a) charge the account accordingly for the extra usage; or (b) immediately suspend the account from further use of the n390 Services and provide reasonable opportunity to cure; or (c) immediately terminate the account from further use of the n390 Services including termination of this agreement without further liability or obligation to client.
Accounts that require more than 2,000 MB of disk space and/or more than 60 GB of bandwidth may not be permitted to continue on the service provider's servers. For this reason, if an Account requires more than 2,000 MB of disk space and/or more than 60 GB of Bandwidth, the client should contact n390 for information concerning alternative solutions.
Data Backup Policy
n390 uses an automated backup procedure to fully backup all client web sites and data. The web site database and files are backed up once each day with a seven-day roll-over. In addition, one monthly copy is kept which is usually the 1st Monday of each month. The backup copy is transmitted or synced to an off-site server and from there a rotating monthly off-site copy is maintained.
The client may request a full backup copy of their site at any time.
The backup procedure used by n390 is for its own business continuity and n390 provides this backup service as a complimentary feature to it's clients. n390 will make a best effort to maintain the integrity of the backup procedure, however, it is ultimately the clients responsibility to request and keep copies of their web site files. n390 does not accept responsibility for loss or damage to backups nor client web site files and data.
Listed Packages and Pricing
n390's listed packages and/or pricing may change at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are increased or decreased.
Payment and Termination
All payments are due on time. Failure to use the services associated with a package will not relieve the client of payment obligations for such services. The term for any service or package is a minimum of one
month. Any account that is unpaid by the due date is at risk of suspended services and/or extra fees. Accounts that remain suspended for 30 days will be deleted without backup provisions. The client is responsible for all fees accumulated during the time n390 continued to
store the contents of the account, regardless of size or suspension status. Terminated accounts may be deleted immediately and without backup provisions.
Disqualified Refunds and Credits
Any account that has been suspended or terminated for any violation or non-payment will not be eligible for a refund. n390 service provider uptime guarantee would still be in effect, although the time the account is suspended or terminated is considered uptime.
Consequence of Violation
If client, or a third party through client, violates or attempts to violate any of the foregoing prohibitions or affects the normal operation of any of the Services provided by n390 or its service provider including, but not limited to, administrative tasks, technical support, any Server operations, network speed, service, content or
email delivery, n390 may perform any of the following actions, alone or in combination:
- Send a Terms of Service warning, by means of email to the primary email address on file with n390, providing notice to the client and offering the client a reasonable opportunity to cure;
- Immediately suspend the Services and provide notice to the client, by means of email to the primary email address on file with n390, offering the client a reasonable opportunity to cure;
- Immediately terminate this agreement and the Services without further liability or obligation to client.
Violators of these Terms may also incur criminal or civil liability. n390 may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of
violations.
Indemnification
You and your agents agree to defend, indemnify and hold harmless n390 and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from n390 or its affiliates.
Disclaimer of Warranties
USE OF n390'S AND/OR ITS SERVICE PROVIDER'S SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND ALL SERVICES, PRODUCTS, INFORMATION AND MATERIALS PROVIDED BY n390 OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, SERVICE PROVIDERS, LICENSORS OR OTHER AFFILIATED THIRD PARTIES (COLLECTIVELY, "AFFILIATES") ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. n390 DOES NOT WARRANT THAT ITS SERVICES, PRODUCTS, INFORMATION OR MATERIALS ARE ACCURATE, RELIABLE, CORRECT, VIRUS-FREE, ERROR-FREE OR WILL NOT BE INTERRUPTED FOR ANY REASON. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL n390 OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF, RESULTING FROM OR RELATING OR IN ANY WAY
CONNECTED TO THE USE OR PERFORMANCE OF, OR INABILITY TO USE, ANY SERVICE, PRODUCT, INFORMATION OR MATERIALS OFFERED OR PROVIDED BY OR OBTAINED FROM n390 OR ITS AFFILIATES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF n390 AND ITS
AFFILIATES, COLLECTIVELY, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS, EXCEED THE TOTAL PAYMENTS MADE BY YOU DURING THE TWELVE MONTHS PRECEDING THE MONTH IN
WHICH THE ALLEGED LIABILITY WAS INCURRED, EVEN IF n390 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU OR MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Refusal of Service
n390 reserves the right to refuse or cancel service at its sole discretion.
Contact and Abuse Reporting Information
Copyright infringement notices should be sent to n390's Copyright Agent for Notice of Claims of Copyright Infringement following the procedures explained on n390's Digital Millennium Copyright Act Notice & Procedures page which is viewable by clicking here. All other violations regarding prohibited use or other abuse of the n390 Network, including violations of these Terms, should be reported via e-mail to n390 as abuse@n390.com to assist n390 in conducting a thorough investigation of the complaint, include all applicable information, including full headers of reported messages, and the pertinent sections of any log files.
If you are unsure whether any contemplated use or action is in violation of these Terms, or if you have questions or concerns regarding these Terms; please contact n390 by sending email to: Service@n390.com. For further information about the n390 Terms of Service, contact n390 at support@n390.com
