TOS

All services provided by NixWinD Technologies ("NixWinD Technologies") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless NixWinD Technologies from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to NixWinD Technologies' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Torrent Sites
• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts
• 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)
• Hateful/Racist/Harassment oriented sites
• 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
• Mailer Pro



NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, NixWinD Technologies WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.




Backups and Backup Access:

Customer acknowledges that individual site backups are the responsibility of the customer. NixWInD Technologies keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.



Traffic Usage:

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.



IRC :

We currently do not allow IRC or IRC bots to be operated on our servers.



Cron Jobs:

While cron Jobs can be set by shared accounts , cron job timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron jobs to every 5 minutes on a nightly basis.



Server / Resource / Staff Abuse :

Any attempts to undermine or cause harm to any of NixWinD Technologies servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade).



Denial of Service (DOS) attacks directed at NixWinD Technologies, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.




If any client is in any way disrespectful towards any member of the NixWinD Technologies staff we have full right to remove them from our services without any refund.




Refusal of Service :

We reserve the right to refuse, cancel or suspend service, at our sole discretion at any time within reasonable means/requests.All sub-networks, distributive hosting sites and dedicated servers of NixWinD Technologies must adhere to the above policies, with the exception of system resources in respect to dedicated servers.



Billing :

By the Account Activation Date of each month, NixWinD Technologies shall either:



(1) debit the client's credit card (when such information has been provided by the client); or




(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to NixWinD Technologies by no later than the specified payment due date. NixWinD Technologies shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.




Service Fees :

Certain services carry a setup fee charged by NixWinD Technologies to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to NixWinD Technologies and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.



Money back guarantee & refund policy:

We offer a 15 day Money back guarantee for our VPS services and 30 days for our shared and email hosting services.



Refunds:

Payments made by Check, Money Order and Paypal are non-refundable. If client has retained the services for one year and has pre-paid NixWinD Technologies for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is canceled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.No refunds will be given on domain names, ssl certificates, dedicated servers.



Cancellation Refunds:

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.



Refusal of Service:

We reserve the right to refuse, cancel or suspend service, at our sole discretion.



Limitation of Liability:

NixWinD Technologies shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NixWinD Technologies ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, NixWinD Technologies shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NixWinD Technologies ' servers. All damages shall be limited to the immediate termination of service.



Violations :

Violations of these Acceptable Use Policies should be referred to abuse@nixwind.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.



Disclaimer

NixWinD Technologies cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by NixWinD Technologies are resold. Thus, certain equipment, routing, software and programming used by NixWinD Technologies are not directly owned or written by NixWinD Technologies. Moreover, NixWinD Technologies holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as NixWinD Technologies sees fit.

Account Activation By activating your account with NixWinD Technologies, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.




NOTICE:

If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.



Server Uptime Guarantee :

NixWinD Technologies guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.



Network Uptime Guarantee:

NixWinD Technologies guarantees 100% network uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.



NixWinD Technologies reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.




Privacy

Revision date: FEB 29 2016




NixWinD Technologies has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.




Information Automatically Logged We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason. Order Forms Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.




Security :

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy. Third Parties Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC. Contacting the Web Site If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: contact@nixwind.com.