Terms of Service (TOS)

Nivek-Systems and Nivek Hosting issue this document. The company shall be known throughout this document as Nivek Hosting.

Thank you for your interest in purchasing a hosting account with Nivek Hosting. Please read our terms and conditions carefully, if you agree to these terms and conditions, please contact us to arrange payment and setting up of the account.

Nivek Hosting agrees to provide the client web hosting for an annual fee. Nivek Hosting will never require clients to advertise for Nivek Hosting on their web site in any way shape or form unless agreed upon by both parties. Clients are allowed to use the service for business/commercial or personal web sites or content.

Content: All services provided by Nivek Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (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 Nivek Hosting from any claims resulting from the use of the service, which damages the subscriber or any other party.

Adult Content: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Nivek Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming Software

Background-running Programs: 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.

Banned Scripts: 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, Nivek Hosting reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers.

You can use formmail scripts but they must be up to date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials: Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights: Material accessible to you through Nivek Hosting's Services may be subject to protection under United Kingdom (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 Nivek Hosting 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 Nivek Hosting Server. If you use a domain name in connection with the Nivek Hosting 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.

Network Security: Customers may not use the Nivek Hosting Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Nivek Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service: Nivek Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Nivek Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Spam Or Unsolicited E-Mail: You must not use the Nivek Hosting Network, Nivek Hosting equipment or any Nivek Hosting 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 Nivek Hosting Network, Nivek Hosting equipment or any Nivek Hosting 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, Nivek Hosting reserves the right to disable your account without warning. In addition, Nivek Hosting may impose a £100 penalty for each spam policy violation. Nivek Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Nivek Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse: Any attempts to undermine, slander, libel, threaten, or cause harm to a Nivek Hosting 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 Nivek Hosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Nivek Hosting, 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 Nivek Hosting against liabilities arising out of.
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Nivek Hosting 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 Nivek Hosting to the amount paid for service.

Refunds Policy: If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used. We do not offer any kind of "money back" guarantee.

Disclaimer: Nivek Hosting will not be responsible for any damages your business may suffer. Nivek Hosting makes no warranties of any kind, expressed or implied for services we provide. Nivek Hosting disclaims any warranty, 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 Nivek Hosting and its employees. Nivek Hosting makes no "uptime" guarantees. Nivek Hosting keeps backups of key server systems only and these backups are not available for customer use. Nivek Hosting can accept no responsibility for any loss of data or consequences arising from this. Nivek Hosting always advises clients to back up their site data regularly for their own protection. Nivek Hosting furthermore expects that its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Nivek Hosting. A customer's failure to comply with those laws will violate this policy. All communications (emails, verbal or written) are between Nivek Hosting and the client. These communications are private and are therefore not to be shared with any other parties. Finally, Nivek Hosting wishes to emphasize that in accepting services, customers indemnify Nivek Hosting for the violation of any law or Nivek Hosting policy, that results in loss to Nivek Hosting or the bringing of any claim against Nivek Hosting. This means that if Nivek Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Nivek Hosting, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. Nivek Hosting reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

To purchase a hosting account with Nivek Hosting, and you agree to these terms and conditions, please contact us to arrange payment and setting up of the account.