The goal of Nexus is to provide the best service
possible for an enjoyable Internet experience. This Acceptable
Use Policy ("AUP" or "Policy") is designed
to keep Nexus and the Internet enjoyable and useful for all of
our subscribers. Violation of this Policy may result in suspension
or cancellation of Nexus services. Nexus is committed to and supports
the free exchange of information and ideas over the Internet.
Nexus does not actively monitor nor does Nexus exercise editorial
control over the content of any web site, electronic mail transmission,
mailing list, news group or other material created or accessible
over Nexus servers. However, Nexus reserves sole discretionary
rights to remove any materials deemed potentially illegal, harmful
to Nexus business operations or equipment, or in violation of
any part of this AUP or of the standard Nexus Internet Agreement.
Use of Nexus Network's servers immediately constitutes acceptance
and acknowledgement of this Acceptable Use Policy.
2. Restricted Content
Clients are expected to use the Internet with respect,
courtesy, and responsibility, giving due regard to the rights
of other Internet users. Clients are expected to use his/her account
for the purposes of maintaining a website only. Common sense is
the best guide as to what is considered acceptable use.
Nexus forbids websites with adult graphic content (softcore
and/or hardcore), including, but not limited to, banner advertising,
any adult website(s), child pornography, and distribution of adult
website passwords. Client's whose accounts are found in violation
of this policy may, at the discretion of Nexus, have their account(s)
terminated without notice and are subject to a maximum clean-up/disconnect
Using a shared account as a backup/storage device or to store content not linked to the web is not permitted. Please do not take backups of your backups.
Client's whose website promotes activities that violate federal,
state, local, International laws and/or violation of U.S. export
restrictions are also not welcome at Nexus. This includes
"warez" sites (freely distributing copyright programs),
or sites promoting hacking and/or cracking programs. Client's
whose accounts are found in violation of this policy may, at the
discretion of Nexus, have their account(s) terminated without
notice and are subject to a maximum clean-up/disconnection fee.
Additionally, Nexus may contact the Software Piracy Association
("SPA") and release any information in connection with
any illegal activities relating to software piracy on the Client's
IRC Bots, or any other automaton programs written in C, Perl or
IRC-script used specifically in conjunction with IRC are not allowed.
These programs tie up system resources and are in no way related
to maintaining a website. Clients are not allowed to have any
programs, including but not limited to, Eggdrop, or any other
IRC-related programs, within their account. Client agrees not
to upload the tar file for any of these programs or to execute
them within their account. The first violation of this policy
will result in the IRC-related program to be removed from the
Client's account and Nexus will notify the Client immediately
of the violation. The second violation of this policy may, at
the discretion of Nexus, result in the Client's account(s)
being terminated without notice and a maximum clean-up/disconnect
Nexus' Network's services may
not be used for illegal purposes, or in support of illegal activities.
Nexus reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected crime
or civil wrong. Activities which are prohibited as potentially
illegal include, but are not limited to:
Unauthorized copying of copyrighted material including, but not
limited to, digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and copyrighted
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services originating
from your account.
Attempting to access the accounts of others or attempting to penetrate
beyond security measures of our or other systems (referred to
as hacking) whether or not the intrusion results in corruption
or loss of data.
Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages to the same e-mail
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through Nexus services.
Distributing viruses to or from Nexus systems.
Simply put, we ask that you use your account for the purposes
of hosting a non-adult oriented, legal website.
3. Trademarks & Copyrights
Client warrants that it has the right to use the
applicable trademarks, if any, and grants Nexus the right to use
such trademarks in connection with Nexus' Network's service.
Client agrees not to modify any copyright notices
in features (Perl programs, etc.) provided by Nexus. Modification
of scripts provided by Nexus without written permission
is strictly prohibited.
4. Etiquette and Policies (spam etc)
Spamming is the sending of unsolicited e-mail, regardless
of size or volume, to persons the sender does not know or have
prior consent to send the message to. Using fictitious e-mail
addresses @nexus.net.pk, or @nexushosting.com or any domain name
hosted with Nexus is strictly forbidden. Spamming also
includes sending unsolicited advertisements to numerous email
addresses or newsgroups and/or generating a significantly higher
volume of outgoing email than a normal user. A violation of this
policy extends to clients who send unsolicited e-mail from a domain
name not affiliated or hosted with Nexus but the mail message
makes mention of a website hosted with Nexus.
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.
Nexus allows clients to send mailings to subscribers of
their own mailing list. Such mailings must have explicit instructions
to the recipient on how to remove his/her name from the list,
and all requests to do so must be honored immediately. Client
agrees not to send mailings to lists provided by an outside agency
or individual. Client further agrees not to provide mailing list
services to others. Due to the nature of a shared-server environment, Nexus requests that mailing lists be sent during non-peak
hours, specifically between the hours of 1:00 am and 5:00 am,
Central Time (U.S.A). Nexus reserves the right to terminate
a client's mailing program, whether provided by Nexus or
not, immediately and without notification to client if said list
causes a problem with the e-mail services of other clients. Nexus also reserves the right to forbid a client from utilizing any
mail-sending program that jeopardizes the mail services of other
Trolling, the posting of outrageous messages to generate numerous
responses, is also not allowed. Mailbombing, the sending of multiple
messages without significant new content to the same user and/or
subscribing someone else to a mailing list without that person's
permission, cross-posting articles to an excessive number of newsgroups,
or attempting without authorization to enter into a secured computer
system is strictly forbidden. Nexus reserves the right
to determine what constitutes abuse of this policy. Clients whose
accounts are found in violation of this policy may, at the discretion
of Nexus, have their account(s) terminated without notice
and are subject to a maximum $500 clean-up/disconnection fee.
5. Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Nexus 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 Nexus servers.
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.
7. Excessive CPU/Memory Usage
Client agrees to take all responsibility for all programs including
CGI/PHP/ASP/ASPX scripts executed under their account. Each shared hosting package has its own CPU limitations (by default the limitations are up to 40% CPU of a single core and 512MB of memory/RAM) and customers agree not to use more than the allotted system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Client agrees and understands that such excessive
use can have an adverse effect on the performance of the webserver.
Client agrees to accept responsibility for programs executed under
his/her account, regardless of who authored the program. The use
of cgi or php chat scripts or pages is strictly prohibited. Nexus provides an acceptable chat programs for clients with Unix Standard
+ accounts at no charge. Nexus reserves the right to suspend
accounts without notice to clients who violate these terms. Nexus has sole discretion over what constitutes excessive usage.
Programs provided by Nexus as an installable feature are
not exempt from this policy. While every efforts is made on Nexus'
end to ensure the program it provides are efficient, problems
with excessive usage on particular programs may occur.
8. Website Logs
By default, all accounts retain web access log files for up to 24 hours. Customers who require extended logging can enable it in their control panel (cPanel) so log files are retained in their package space. Nexus will not be responsible for providing logs for longer durations if this is not enabled or extended logging is not requested at time of signup.
9. Limited Liability
a. Client expressly
agrees that use of Nexus' Network's Server is at Client's sole
risk. Neither Nexus, its employees, agents, resellers, third party
information providers, merchants licensers or the like, warrant
that Nexus' Server service will not be interrupted or be
error free; nor do they make any warranty as to the results that
might be obtained from the use of the Server service or as to
the accuracy, or reliability of any information service or merchandise
contained in or provided through the Nexus Server service, unless
otherwise expressly stated in this Agreement. Out 99% uptime guaranty
only covers the amount that was paid for the services.
b. Under no circumstances, including
negligence, shall Nexus, its offices, agents or any one else involved
in creating, or distributing Nexus' Server service be liable
for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the Nexus
Server service; or that results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation, or transmission
or any failure of performance, whether or not limited to acts
of God, communication failure, theft, destruction or unauthorized
access to Nexus' records, programs or services. Client hereby
acknowledges that this paragraph shall apply to all content on
10. Nexus' Right to Change Service
Nexus reserves to right to change without notice
the Nexus service, including, but not limited to, hours of operation,
menu structures, commands, documentation and vendors.
11. Nexus' Right to Modify its Acceptable Use
Nexus may at any time, revise the Acceptable Uses
Policy with advanced notice given to clients.
Nexus Internet service is provided on an "as
is, as available" basis. No warranties, express or implied,
including, but not limited to, those of merchantability or fitness
for a particular purpose, are made with respect to Nexus or any
information or software therein. You release Nexus from and Nexus
shall have no liability or responsibility for any direct, indirect,
incidental or consequential damages suffered by you in connection
with your use of or inability to use Nexus services including,
but not limited to, damages from loss of data resulting from delays,
non-deliveries, miss-deliveries, or service interruptions, or
due to inadvertent release or disclosure of information sent by
you even if the same is caused by Nexus' own negligence. Without
limiting the generality of the foregoing, Nexus disclaims to the
full extent permitted by applicable law any responsibility for
(and under no circumstances shall be liable for) any conduct,
content, goods and services available on or through the Internet
or the Nexus services. In no event shall Nexus aggregate liability
exceed the amount paid by you to Nexus for the Nexus services.
Use of any information obtained via Nexus Internet service is
at the user's own risk. Nexus specifically disclaims any responsibility
for the accuracy or quality of information obtained through its
Client agrees that it shall defend, indemnify, save
and hold Nexus harmless from any demands, liabilities, losses,
costs and claims, including reasonable attorneys' fees, ("Liabilities")
asserted against Nexus, its agents, its customers, servants officers
and employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold by
Client, its agents, employees or assigns. Client agrees to defend,
indemnify and hold harmless Nexus against Liabilities arising
a. any injury to person or property
caused by any products sold or otherwise distributed in connection
with Nexus' Network's Server;
b. any material supplied by Client
infringing or allegedly infringing on the proprietary rights of
a third party;
c. copyright infringement and
d. any defective product which
Client sold on Nexus Server.