All users of NBC’s services, and all customers upon signing up for said services, agree to comply with the TOU. The spirit of the TOU is to ensure customers are using NBC’s services with due regard to the rights of other Internet users and in conformity with the requirements of NBC’s network environment. The TOU are not exhaustive and NBC reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.nationalbz.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to firstname.lastname@example.org . Except when expressly agreed to the contrary in writing by an authorized representative of NBC, this TOU supersedes any other agreement with NBC, whether written, oral, by conduct, or otherwise.
A. NBC Managed Server Customer Restrictions
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
Internet Relay Chat (IRC):
NBC allows Managed Server customers the use of IRC inside the NBC network as long as the use of IRC on a NBC server does not violate any of the other terms of these TOU. As a policy, NBC will not provide vanity IRC reverse DNS records. To enforce this policy NBC does not turn the reverse address of IPs over to the customer. Authority over this information remains with NBC.
Billing for Network Resources:
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
NBC’s services include, but are not limited to:
NBC reserves the right to amend, add, or discontinue any of the NBC services offered and to add, delete, suspend or modify the terms and conditions of the NBC services at any time, at its sole discretion, and to determine whether and when any such changes will apply to either or both existing and future customers.
NBC may at its sole discretion discontinue, upgrade, replace, modify, or change in any way, without limitation, any NBC service, and/or any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with NBC’s services. Certain changes to NBC’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and NBC is not liable, for any and all such personalized applications and content, except as expressly agreed to by NBC. NBC may but is not obligated to provide customers with notice of any such modifications.
Ownership of website
The legal owner of customers’ websites and accounts with NBC will be the individual or organization whose name is listed in NBC’s database as the owner. Customers will fully cooperate with and abide by any and all of NBC’s security measures and procedures in the event of any dispute over ownership of customers’ websites and accounts with NBC.
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 4 consecutive months or more shall be deemed abandoned and NBC shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).
At least 2 weeks in advance, NBC shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.
NBC has the right to delete all content stored in any of customer’s spam folders or email accounts for 30 days or more.
NBC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing NBC services, all NBC customers certify that they and/or the organization they represent in procuring services from NBC are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to NBC’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a NBC server, and selling or distributing software (on a website residing on a NBC server) that facilitates spamming. NBC requires that all customer’s emails and mailing lists (if any) are in full compliance with the Can-Spam Act as outlined here: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. NBC also prohibits the use of third party/purchased mailing lists. The first violation of thispolicy will result in a written warning. A second violation will result in immediate suspension of the customer’s email services. Subsequent violations may result in customer’s account being closed and a minimum fine of $200 assessed. NBC reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of NBC’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use NBC’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The use of NBC’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. NBC is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
NBC is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NBC urges its customers to assume that all of their on-line communications are insecure. NBC cannot take any responsibility for the security of information transmitted over NBC’s facilities. Additional details on privacy and NBC’s use of customer information can be found in NBC’s Privacy Statement located here.
Customers are required to use the NBC network responsibly. This includes respecting the other customers of NBC. NBC reserves the right to suspend and/or cancel service with any customer who uses the NBC network in such a way that adversely affects other NBC customers. While NBC may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, NBC does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when NBC becomes aware of any violation of the TOU or other user agreements, NBC may take any action to stop or correct such violation, including, but not limited to, denying access to NBC’s services and equipment or to the Internet. In addition, NBC may take action against a customer or a customer of such customer because of the activities of such customer. NBC anticipates that customers who offer Internet services will cooperate with NBC in any corrective or preventive action that NBC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NBC policy and NBC reserves the right to take any such action even though such action may affect other customers of the NBC customer.
Actions Taken by NBC
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. NBC will be the sole arbiter as to what constitutes a violation of the TOU. NBC reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When NBC becomes aware of an alleged violation of its TOU, NBC will initiate an investigation. During the investigation, NBC may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, NBC may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, NBC will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. NBC does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by NBC.
Furthermore, NBC reserves the right to suspend or terminate your account if so ordered by an authoritative body of competent jurisdiction, or if the continuing provision of services to customer may result in a legal or material risk to NBC, or if it NBC is not legally permitted to provide services to you.
NBC customers agree to protect, defend, hold harmless, and indemnify NBC, any third party entity related to NBC (including, without limitation, third party vendors), and NBC’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of NBC’s services.
The NBC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. NBC expressly disclaims any representation or warranty that the NBC service will be error-free, secure or uninterrupted. No oral advice or written information given by NBC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NBC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, NBC may immediately terminate provision of NBC’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against NBC in such event.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will NBC (including, without limitation, NBC’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing NBC’s services, be liable for the loss of a domain name, or any business or personal loss including data loss, revenues decrease, expenses increase, costs of substitute products and/or NBC services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any NBC services even if NBC has been advised of the possibility of such damages. All claims and causes of actions arising in connection with NBC or NBC’s services are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. NBC’s total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOU or NBC’s services, including, without limitation, those from any negligence, any act or omission by NBC or NBC’s representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
NBC may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with NBC’s services. Certain changes to NBC’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and NBC is not liable, for any and all such personalized applications and content, except as expressly agreed to by NBC.
Backup of Data
Except where NBC has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and NBC is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with NBC services.
Third Party Licenses
NBC makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, NBC makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, NBC specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold NBC liable in any way for the revocation of any license, which has been licensed to NBC. The use of the Technologies obtained from or through NBC, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-NBC products by NBC, its employees, or any third party entity related to NBC is for information purposes only and does not constitute an endorsement or recommendation by NBC. NBC disclaims any and all liabilities for any representation or warranty made by the vendors of such non-NBC products or services.
NBC’s Intellectual Property
Customers will not, without NBC’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on NBC’s website, and customers will not use any of NBC’s trademarks, service marks, copyrighted materials, or other intellectual property without NBC’s express written consent. Customers will not, in any way, misrepresent their relationship with NBC, attempt to pass themselves off as NBC, or claim that customers are NBC.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for NBC’s services, either in whole or in part, without the prior written consent of NBC.
Minimum Age Requirement
NBC customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a NBC customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for NBC services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains NBC’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for NBC’s services will be deemed null and void to the extent that NBC will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of NBC’s services.
Any and all claims or disputes arising out of or relating in any way to the Agreement, the relationship of the parties under the Agreement, or the Services provided under the Agreement (including but not limited to requests for specific performance) shall be submitted to mandatory binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted pursuant to the AAA’s then current Commercial Arbitration Rule (the “Rules”). The arbitration hearing shall be conducted in the English language and shall take place in Pinellas County, Florida before a single arbitrator selected in accordance with the Rules. The parties shall each bear the costs of the arbitration in equal shares. The parties shall also bear their own legal fees (including but not limited to attorneys’ fees) in connection with the arbitration, and the arbitrator(s) may not reallocate the legal fees in conjunction with their award. Any award rendered by the arbitrator shall be confirmed in a state or federal court of competent jurisdiction in Clearwater, Florida and each party hereby irrevocably submits and consents to, and waives any objection to, personal jurisdiction and venue in such court.
Governing Law and Severability
The TOU, and any other agreement for NBC services, will be governed by and construed in accordance with the laws of the State of Florida, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and NBC will take place in Florida, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other NBC agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
NBC will not be liable for delays in its performance of the TOU or NBC services caused by circumstances beyond NBC’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). NBC will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOU or other agreement for NBC services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of NBC.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between NBC and its customers. Each of NBC and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for NBC services, constitutes the complete understanding and agreement between NBC and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of NBC, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for NBC services is between NBC and its customers only and will not confer any rights in any third party except as otherwise expressly provided by NBC.
Third Party Providers
You agree that certain services may be provided by third party providers of NBC and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if NBC or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If NBC provides the particular Proxy Services, then NBC reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
If you purchase a domain through NBC, NBC reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this TOU, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) NBC’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to NBC as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
C. NBC Customer Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. NBC accepts only Credit Card
ALL PAYMENTS ARE DUE ON THE ACCOUNT STATEMENT DATE. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide NBC your credit card information, you authorize NBC to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with NBC’s Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. NBC will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying NBC, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are past due may be suspended at any time with or without notice. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
NBC offers one Billing Cycle. The Billing Cycle begins on the Plan Activation Date.
In order to insure that your services remain uninterrupted, all services, including without limitation, hosting, domains, and any additional features, will automatically renew at the end of the relevant billing cycle or registration term. All renewal charges are based on the prevailing rate on the date of renewal according to the service selected. All services are renewed for the same billing cycle/term, with the exception of domain registrations, which are renewed for successive one-year terms. If you wish to cancel any of your services before the relevant expiration/renewal date, please refer to the Cancellation section below.
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). If at any time you elect to manually renew any of your services (in whole or in part), you then become responsible for all future renewals of such services unless and until you notify NBC otherwise.
NBC does not provide invoices or statements.
Returned (NSF) Checks
NBC charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
A $25.00 chargeback fee will be assessed for each credit card chargeback received by NBC.
Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if NBC restores your data files to your reactivated account.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
Account Splits and Mergers
NBC encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that NBC separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: .
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact NBC’s Customer Relations Team, Monday through Friday, 8:00 A.M. to 5:00 P.M. Central Time, at (727 538 3830) NBC’s Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact NBC’s Billing Team via email .
Cancellation requests must be received by NBC a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan for the next Billing Cycle. Cancellations become effective on the day processed by NBC. NBC is unable to cancel your account effective for a future date.
NBC does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, InterNIC, your ISP, or any other secondary issues not directly related to NBC’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. NBC reserves the right to cancel any account, at any time, without notice, for any reason NBC considers appropriate.
30-Day Money Back Guarantee
Each of NBC’s shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days after ordering your plan, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; managed servers; items and services ordered through the reseller program; domain parking plus; and overage fees.
Billing Disputes/Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee (above) and will be provided via the same payment method as the original payment. Cancellations received after the first 30 days of service are not eligible for any refund, either in whole or in part, of the fees already paid.
Credit Card Disputes/Chargebacks
NBC has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at NBC’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
NBC’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
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