The use of services from NoelON.com, LLC [hereafter referred to as "NoelON"] constitutes agreement to these terms. You may view our Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) in case of fraud. It
is your responsibility
to provide us with an email address which is not @ the domain(s) you are
signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used
for this purpose. It is your responsibility to ensure the email address
on file is current or up to date at all times.
If you have a domain name registered with NoelON, it is your
responsibility to ensure that the contact information for your domain
account and your actual domain name(s) is correct and up-to-date.
NoelON is not responsible for a lapsed registration due to outdated
contact information being associated with the domain. If you need to
verify or change this information, you should contact our sales team via
email. Providing false contact information of any kind may result in
the termination of
your account. In dedicated server purchases or high risk transactions,
it will be necessary to provide government issued identification and
possibly a scan of the credit card used for the purchase.
If you fail to meet these requirements, the order may be considered
fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to
us. However,
transfers are provided as a courtesy service, and we can not make
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is
configured differently, and some hosting platforms save data in an
incompatible or proprietary format, which may make it extremely
difficult if not impossible to migrate some or all account data. We
will try our best, but in some cases we may be unable to assist you in a
transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by NoelON may only be used for lawful purposes.
The laws of the State of Florida, the State of Texas, and the United
States of America apply.
The customer agrees to indemnify and hold harmless NoelON from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@NoelON.com with the information required. A list of required information may be asked to our team. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
NoelON services, including all related equipment, networks and network devices are provided only for authorized customer use. NoelON systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of NoelON system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. NoelON may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on NoelON.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. NoelON.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like NoelON.com and many of NoelON.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, NoelON.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under NoelON.com's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at abuse@NoelON.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and purchased lists will be
treated as spam. Any user who
sends out spam will have their account terminated with or without
notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
NoelON reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
NoelON reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of NoelON.
As owner of a hosting provider company, sometimes we face the problem of abusive users almost every day. More than 90% of all abuse on the server comes from free trial accounts. For this reason we offer free trial access to the servers for people who want to try things out before they purchase a hosting package, but off course this attracts spammers and generates abuse. To prevent trial users from using the server for spamming purposes, or things against the law, the free trial of one month is for users which can be identifiable through the payment details. (free trial available for America, Europe and Australia)
4.) Payment Information
You agree to supply appropriate payment for the services received from
NoelON, in advance of the time period during which such
services are provided. You agree that until and unless you notify
NoelON of your desire to cancel any or all services received, those
services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of NoelON, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify NoelON of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by NoelON. NoelON reserves the right to bill your credit card or billing information on file with us. NoelON provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to NoelON for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@NoelON.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and NoelON cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@NoelON.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@NoelON.com
NoelON reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs
once a week, overwrites any of our previous backups made, and only one
week of backups are kept. This service is provided to you as a courtesy.
NoelON is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data
stored on NoelON servers.
6.) Cancellations and Refunds
NoelON reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form. NoelON gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 30 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Checks
- Money orders
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or
store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted
communications.
7b.) INODES
The use of more than 250,000 inodes on any shared account may
potentially result in a warning first, and if no action is taken future
suspension. Accounts found to be exceeding the 100,000 inode limit will
automatically be removed from our backup system to avoid over-usage,
however databases will still be backed up. Every file (a webpage, image
file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed
from our off site weekly backup with the exception of Databases
continuing to be backed up. All data will continue to be mirrored to a
secondary drive which helps protect against data loss in the event of a
drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package
you purchase. Should your account pass the allocated amount we reserve
the right to suspend the account until the start of the next allocation,
suspend the account until more bandwidth is purchased
at an additional fee, suspend the account until you upgrade to a higher
level of package, terminate the account and/or charge you an additional
fee for the overages. Unused transfer in one month
cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve
the right to refund a prorated amount or no refund at all.
Each of NoelON's managed shared, and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
NoelON will not activate new orders or activate new packages for customers who have an outstanding balance with NoelON. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by NoelON in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of NoelON
dependent upon justification provided. Third party monitoring
service reports may not be used for justification due to a variety of
factors including the monitor's network capacity/transit availability.
The uptime of the server is defined as the reported uptime
from the operating system and the Apache Web Server which may differ
from the uptime reported by other individual services. To request a
credit, please contact sales@NoelON.com with justification.
All requests must be made in writing via email. Uptime guarantees only
apply to shared / reseller solutions. Dedicated servers are covered by a
network guarantee in which the credit is prorated for
the amount of time the server is down which is not related to our uptime
guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. NoelON does
not
provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their
client. All support requests must be made by the reseller on their
clients' behalf for security purposes. Resellers are also responsible
for all content stored or transmitted under their reseller
account and the actions of their clients'. NoelON will hold any
reseller responsible for any of their clients actions that violate the
law or the terms of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish
to resell hosting you must use a reseller account. Semi-dedicated
servers are not backed up.
You must maintain your own backups.
12.) Dedicated Servers
NoelON reserves the right to reset the password on a dedicated server
if the password on file is not current so that we may do security
audits as required by our datacenter. It is the responsibility of the
client to ensure that there is a valid email address and current root
password on file for their dedicated server on file to
prevent downtime from forced password resets. NoelON reserves the
right to audit servers as needed and to perform administrative actions
at the request of our datacenter. Dedicated servers are NOT
backed up by us and it is the responsibility of the client to maintain
backups or have a solution for this. You may purchase an additional hard
drive and maintain backups to it as the simplest
solution. Please contact sales@NoelON.com if you wish to obtain a
secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on NoelON.com,
and the right to increase the amount of resources given to plans at any
time.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or
first-time customers* only and may not be used towards the purchase of a
domain registration unless otherwise specified. If you have signed up
using a particular domain, you may not resign up for that domain using
another coupon at a later date. Any account found in violation of
these policies will be reviewed by our sales department and the
appropriate invoices will be added to the account. Coupon abuse will
not be tolerated and may result in the suspension or termination of the
account. Coupons or discounts are only valid towards the initial
purchase, and do not affect the renewal or recurring price.
15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold NoelON
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted
against NoelON, its agents, its customers, officers and employees,
that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its
agents, employees or assigns. Customer agrees to defend, indemnify and
hold harmless NoelON against liabilities arising out of; (1) any
injury to person or property caused by any products sold or
otherwise distributed in connection with NoelON; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and
(4) any defective products sold to customers from NoelON's server.
15b.) Arbitration By using any NoelON services, you agree to submit to binding arbitration. If any disputes or claims arise against NoelON or its subsidiaries, such disputes will be handled by an arbitrator of NoelON's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
16.) Disclaimer
NoelON shall not be responsible for any damages your business may
suffer. NoelON makes no warranties
of any kind, expressed or implied for services we provide. NoelON
disclaims any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions
caused by NoelON and its employees.
17.) Disclosure to law enforcement
NoelON may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies. We will cooperate fully with law
enforcement agencies.
18.) Changes to the TOS
NoelON reserves the right to revise its policies at any time without notice.
More about the use of services from NoelON.com Privacy Policy here.