Welcome to the place that few dare to travel. This is the TOS and AUP page COMBINED (Terms of Service & Acceptable Use Policy). Also known as: "the little stuff." The little stuff is big to us when it comes to our hosting -- but also when it comes to our lawyers. :) Sorry, it has to be here. Here you'll discover the DO's & DON'Ts of NCServ, LLC. and all that legal jargon. The sole purpose of these rules is to basically make sure we can provide the best possible speeds and stability on our servers, without compromising our prices and support. This is here to ensure you, the webmaster, the best possible service. EVERY member of NCServ, LLC. must adhere to the following:

Licensed Software Only:
No pirated software, hacker programs, archives or any such unacceptable content allowed on any of our sites. PERIOD. This is illegal and if you're conducting such business elsewhere, please be aware of the EULA of each software platform you are pirating.

Illegal Activities:
Sites that promote ANY illegal activity or present content that may be damaging to NCServ, LLC.'s servers or any other server on the Internet (as well as links to such materials) are all prohibited.

Shell Access:
No user on NCServ, LLC. servers shall have Telnet access. Why? Telnet currently has several vulnerabilities that can harm servers, and in effect, harm other clients. Security measures only slow servers down and do not guarantee full security. As we are aware that there is no such 'full-security' server, we have made the decision to ban such access on our servers for Telnet for extra security and the 'peace-of-mind' of our current clients. SSH access is available by request only for sites that require it. You must have been a customer of NCServ, LLC. for at least 30 days, you must sign a users agreement and you must provide a copy of a valid government ID to gain SSH access. You may request access at https://billing.ncser.com.

CPSkins AutoInstaller & Radiance WHM/cPanel:
The CPSkins Autoinstaller & Radiance WHM/cPanel skins are available for all servers on our network. We provide this piece of software at no charge and with no guarantees.

Spamming is prohibited:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is strictly prohibited on any and all of the NCServ, LLC. servers. The client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given prior, specific permission and authorization to be included in such a process. Note: this policy applies to virtual server accounts, resellers and their resold accounts, dedicated server customers, and all domains, name servers and parked domains hosted on the server. NCServ, LLC. will be the sole arbiter as to what constitutes a violation of this provision and has the right to cancel an account at time see fit.

Termination Rights:
NCServ, LLC. reserves the right to terminate and deactivate any such site from our servers that, at NCServ, LLC.'s sole discretion, is deemed to be unacceptable, undesirable or may damage the reputation of NCServ, LLC.. If an account is cancelled by NCServ, LLC. for malicious acts or spamming no refund will be given. Content: All services provided by NCServ, LLC. 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, and invasion of privacy. The subscriber agrees to indemnify and hold harmless NCServ, LLC. from any and all claims resulting from the use of the service which damages the subscriber or any other party. NCServ, LLC. does NOT monitor the content of customer sites and customers may use their space and bandwidth as they please as long as the content is not ILLEGAL.

Limitation of Liability:
IN NO EVENT SHALL NCServ, LLC. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE NCServ, LLC. SITE OR ANY NCServ, LLC. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL NCServ, LLC.'s CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWO HUNDRED FIFTY DOLLARS ($250 US).

Disclaimer of Warranty:
The services, the NCServ, LLC. site, and also including, but not limited to: all products and services displayed or offered on the NCServ, LLC. site, and all text, graphics, links and applications are provided to client on a 'as is' basis and without warranty of any kind. NCServ, LLC. disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, NCServ, LLC. specifically disclaims any warranty that (1) the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.

Disclosure of Law Enforcement:
This AUP/TOS specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that NCServ, LLC. may disclose any and all Client information including IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition, NCServ, LLC. shall have the right to terminate all service set forth from this agreement.

Payment:
Establishment of this service is dependant upon receipt by NCServ, LLC. of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

Payments and Fees:
Credit Cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach seven (7) days past due. Service interrupted for nonpayment is subject to an additional $5.00 reconnection charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by NCServ, LLC. will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in the "CANCELLATION" section in this AUP/TOS.

Failure of Payment:
NCServ, LLC. may temporarily deny service or terminate this Agreement upon the failure of the Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus any collection fees.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of NCServ, LLC. is strictly prohibited. Such actions will result in immediate suspension or even possible removal of that account. This includes, but is not limited to: using programs that consume excessive CPU resources for a prolonged period of time, allowing the use of mail services, mail forwarding capabilities, or auto responders other than for the customer's own account; resale or subleasing or subletting (free) use of disk space with an appropriate reseller agreement use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. In some cases, a 72 hour notice will proceed an account sustention, however NCServ, LLC. is granted permission to suspend an account at any time (even within a 72 hour notice). Operation of IRC servers, IRC bots, Eggdrops or BNCs will result in an immediate termination of service. Not DNS'ing you domain to our servers, only using an IP address that we assign is prohibited. Your site MUST be pointed to our servers. We will not do IP Hosting! Abuse also includes any attempts to deliver virus(s) or other computer programming defects which can or may result in damage to NCServ, LLC. or any third party.

Systems Resource Usage:
If NCServ, LLC. discovers that a customer's web site or scripts are using an unacceptable amount of a server's resources including, but not limited to: CPU and Memory Usage, we may suspend or terminate the customer's account without notice. On most occasions we may only suspend/terminate accounts without notice if the client's site is in question or is likely to jeopardize the smooth running of NCServ, LLC. servers. Typically, NCServ, LLC. will email the customer in question, asking them to reduce the resources they are using.

Bandwidth:
Client may occupy only the amount of disk space on the NCServ, LLC. server and utilize no more than the network bandwidth that is allotted by NCServ, LLC.. Additional fees, specified on the "hosting packages" page will be charged for exceeding the disk space and/or bandwidth allowance on your selected plan.

Resellers:
Resellers are responsible for every term listed on this page. Not only so, but resellers must also ensure their clients also follow this code of conduct. Failure to do so, can result in the suspension of both the violating reseller client AND the reseller themselves. Resellers may conduct business as they please, of course in regulation of the law; however resellers may not give away free accounts for any new clients for any period of time. Reason: this attracts clients who have a high risk of violating our TOS and may jeopardize your account.

Cancellation:
Cancellation must be made through the ticket system to ensure validity of the request. You can reach the support team 24/7/365 using https://billing.ncserv.com and selecting Trouble Tickets. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30-days of service, all hosting fees will be refunded. Accounts cancelled/terminated by NCServ, LLC. for violating our AUP/TOS do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund. In such a case, it is requested that you provide a detailed description for the reason of your cancellation.

Suspension:
Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Privacy Policy:
Information collected on this site is not sold or transferred to any person or party that is not directly involved in normal business operations. NCServ, LLC. uses information collected from this website for internal use only.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of NCServ, LLC. must adhere to the above policies. Please direct any reports of violations of the above policies to support@ncserv.com.
Failure to follow any term or condition will be grounds for immediate account deactivation. NCServ, LLC. does reserve the right to update this AUP/TOS at any time. Any updates to the AUP/TOS will be presented to all current customers prior to enforcement.