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Acceptable Use Policy (AUP) and Terms of
Service (TOS) |
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All Payments To Thinknepal Have a 30-day Money Back Guarantee. Thinknepal agrees to provide the client web hosting for a monthly/semi-annual/annual fee. Thinknepal will never require clients to advertise for Thinknepal on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content. |
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All services provided by Thinknepal may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Thinknepal from any claims resulting from the use of the service which damages the subscriber or any other party. Examples of Non-Acceptable Contents or Links
Pirated
software |
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Background Running Programs |
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We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. |
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| Banned Scripts | ||
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You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Thinknepal reserves the right to disable the account pending client cooperation and resolution.
Scripts we do
not allow include: |
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| Intellectual Property Rights | ||
| Material accessible to you through Thinknepal's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Thinknepal Service 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 Thinknepal Network. If you use a domain name in connection with the Thinknepal Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. | ||
| Defamation | ||
| Defamatory speech distributed over the Internet can result in civil liability for the defamer. | ||
| Refusal of Service | ||
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Thinknepal reserves the right at its sole discretion to refuse or cancel service. Violation of any of Thinknepal's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer. |
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Spam or Unsolicited E-Mail |
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You must not use the Thinknepal Network, Thinknepal equipment or any Thinknepal email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Thinknepal Network, Thinknepal equipment or any Thinknepal email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, Thinknepal reserves the right to disable your domain without warning. In addition, Thinknepal may impose a $50 penalty for each spam policy violation. Thinknepal solely reserves the right to refuse or cancel service to known spammers. Lastly, Thinknepal reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. |
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| Abuse | ||
| Any attempts to undermine, slander, libel, threaten, or cause harm to a Thinknepal server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law. | ||
| Indemnification | ||
| Customer agrees that it shall defend, indemnify, save and hold Thinknepal (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Thinknepal, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Thinknepal against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Thinknepal server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Thinknepal to the amount paid for service. | ||
| Free Domain Offers | ||
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When this offer
is being run and you have a valid promo code: The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf. All we ask is that you stay hosting with us for a minimum of 3 months. If you decide to leave before 3 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge. |
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| Refund and Cancellation Policy | ||
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For payment, Thinknepal accept MasterCard, Visa, American Express or Paypal. Thinknepal invoices exclusively via e-mail. Thinknepal do not send out invoices via postal services. You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Thinknepal. However, if customer cancels fifth teen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect. |
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| Late Payment | ||
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Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 3 day grace period after which the account is put on suspension. You will receive a payment reminder everyday from the start of your payment due date. If after 7 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please email billing@thinknepal.com to arrange payment. |
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| Cancellation | ||
| You must use only one of following methods to deliver a official written notice of cancellation: Please e-mail billing@thinknepal.com On receipt your account will be pending cancellation within 24 hours. please include your Name, domain name, username, password and your reason for canceling. | ||
| Disclaimer | ||
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Thinknepal will not be responsible for any damages your business may suffer. Thinknepal makes no warranties of any kind, expressed or implied for services we provide. Thinknepal 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 Thinknepal and its employees. Thinknepal makes a 99.99% Uptime guarantee. Thinknepal keeps backups of key server systems only. Thinknepal can accept no responsibility for any loss of data or consequences arising from this. Thinknepal always advises clients to back up their site data regularly for its own protection. Thinknepal furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Thinknepal. A customer's failure to comply with those laws will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Thinknepal then Thinknepal will not be responsible for maintaining hosting for the resellers customers. Finally, Thinknepal wishes to emphasize that in accepting services, customers indemnify Thinknepal for the violation of any law or Thinknepal policy, that results in loss to Thinknepal or the bringing of any claim against Thinknepal. This means that if Thinknepal is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Thinknepal, plus costs and reasonable legal fees. |
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Failure to comply with any of
our terms & conditions will result in grounds for immediate
account deactivation. Thinknepal reserves the right to change, edit, or update the policies contained in this document, along with the content on our website including the prices on our services at any time for any reason without notice. |
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