Netrillium, Inc. is responsible for providing quality web hosting to all of its clients. To ensure each customer is equally protected, the following policies, guidelines and disclaimers apply to all doings business with Netrillium, Inc.. By filling out an order form you automatically agree to any of the following policies, guidelines and disclaimers. Failure to follow and abide the following may result in suspension and eventual termination of the account. Use of Netrillium, Inc. constitutes acceptance and agreement to Netrillium’s AUP as well as Netrillium's TOS (Terms of Service). All users of Netrillium’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). We reserve the rights to change/update/modify details of the Privacy Policy at our discretion and without notice. Details of the TOS refer to current and prior customers. Please check back periodically for any critical changes. From herewith in this TOS,AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Netrillium Web Hosting Services, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Netrillium, Inc..

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Netrillium may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Netrillium account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understand of Netrillium's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Netrillium's AUP. If a Netrillium account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

Netrillium, Inc. reserves the right to refuse, suspend or terminate services at our discretion.

Illegal Activities

Netrillium's services may not be used for illegal purposes, or in support of illegal activities. Netrillium reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people

You may not use Netrillium’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Netrillium’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Forgery or impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Adult Material

Netrillium, Inc. is not an adult material host. All pornography, uploading or linking suggestive, explicit or obscene material is prohibited. Any account found to be in violation will be immediately terminated.

Unsolicited E-mail (anti-spam policy)

Accounts caught sending unsolicited, as defined by Netrillium.com, Inc.*, email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Netrillium, Inc. server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so. Netrillium.com, Inc. reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation. Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!! Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 1997, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service. *Unsolicited is defined, by Netrillium, Inc. as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Copyright or trademark infringement

Use of the Netrillium service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Netrillium service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Network disruptions

Use of the Netrillium service for any activity which affects the ability of other people or systems to use Netrillium Services or the Internet. This includes "Denial Of Service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Netrillium will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Netrillium, does not allow the hosting of IRC, IRC Bots, or eggdrops or IRC Related scripts/programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the Netrillium service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Netrillium's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Netrillium account is subject to immediate termination

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Server abuse of any kind or form will not be tolerated. Malicious activities that may cause harm to the physical property of Netrillium Web Hosting Services or its customers is strictly prohibited.

Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to look through account logs and evidence that we provide. Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network. We do not allow ANY Matt Wright script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com

Banned Scripts
YaBB Message boards
Ikonboard Message boards
Formmail.cgi, formmail.pl and formmail.php(DT_Formmail exploit)
Greymatter

Not banned but be aware of using the following:
Codegrrl scripts such as those used for fanlistings.
phpBB message boards

Formmail is not to be used on the server due to spam problems. Spammers can actually use the script on the account to send out mass e-mails, resulting in possible suspensions of the customer account or problems with the server performance.

Ikonboard files will be deleted, and the offending account suspended. If a message board is active, it will mean that all posts an users will be deleted and no backups will be obtained. This script can cause serious damage and downtime to a server, so please do not use.

The main concern with Greymatter is that it can be used by a hacker to upload phpshell files. The phpshell files can be used by the hacker to upload even more serious, psybnc files (used for IRC mostly).

Resellers and accounts offering subdomain hosting should make their sub-accounts aware of the above. Resellers are responsible for notifying their customers of the banned scripts, as we will suspend the customer accounts that are running the scripts above. Repeating offenses may result in a suspension of the reseller.

NETWORK SECURITY

Netrillium accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers.

 

BANDWIDTH USAGE

All hosting packages offered by Netrillium, Inc. come with predetermined bandwidth usage. By placing an order form customers agree to the traffic amount allowed. Using more than the allocated bandwidth offered with the purchased package will result in the customer being billed for $0.50 for each gig of traffic exceeded.

ACCOUNT SALES & BILLING

Netrillium, Inc. reserves the right to change fees at our discretion. Customers purchasing services from Netrillium.com, Inc. are making a good faith promise to pay for the services on the specified due dates, and to properly notify Netrillium.com, Inc. of any desired changes, modifications or cancellations of the purchased services.

Accounts are setup upon the receipt of payment. Netrillium, Inc. will accept payments the following ways: credit card transactions, Paypal, money order, personal check and cash. Credit card transactions will be done through Netrilium, Inc.'s designated merchant account, as a secure transaction. Netrillium, Inc. will not be aware of the credit card information such as credit card numbers, balance or individual's credit history. All credit card purchases are subject to fraud verifications before acceptance by Netrillium Web Hosting Services. We reserve the right to void any transaction and refuse an order due to any fraudulent suspicion.

Customers will receive an automatic invoice from our billing system before the due date. All invoices and invoice reminders will be sent to the e-mail address on file. It is client responsibility to keep the e-mail contact on file updated and current at all times. Netrillium, Inc. will not be responsible for any undelivered, lost, accidentally deleted e-mails. Furthermore, Netrillium, Inc. will not be responsible for delivery problems caused by e-mail filters setup by the customer or the customer's e-mail provider.

International customers are responsible for mailing payments ahead of time due to postal delays. Furthermore, international customers are responsible for mailing international money orders only, as well as currency conversions to USD currency. Customers are responsible for making the payments on monthly, yearly or any other timely basis as discussed and agreed with Netrillium, Inc.. Accounts are subject to suspension, termination and late fees if payment is not received each month on the dates specified in the invoice.

Credit card transactions handled by www.2checkout.com: By filling out the credit card payment form customers are automatically enrolled in a reoccurring billing. Reoccurring charges will automatically process on the account activation dates. Netrillium Web Hosting Services is not responsible for invoices/reminders/receipts sent by www.2checkout.com as to when the reoccurring charges have appeared. Customers are responsible for informing www.2checkout.com with changes to their credit accounts, including changes of their credit card numbers. Failure to bill will result in customers receiving a notices from www.2checkout.com. Customers will be given 24-48 hours to update the information, failure to do so will result in account suspension and late fees.

Credit card transactions handled by merchant account (Netrillium.com, Inc.'s billing area): All credit card transactions will process automatically on their due date. This includes reoccurring charges for account renewals. It is client responsibility to cancel all services in a timely manner and before the scheduled due date, clients should notify Netrillium.com, Inc. of intention to cancel by submitting a cancellation request to the billing department. Failure to do so will result in an automatic charge for services due. Netrillium.com, Inc. will not be responsible for any automatic charges due to customer failure to properly notify of a cancellation. Furthermore, Netrillium.com, Inc. will not be held responsible for any additional fees and charges posted by the customer's bank or credit card issuer.

If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute.

Account Suspension and/or Termination

Account deactivations/suspensions will occur as a result of non payment. Customers paying by credit card, Paypal, money order, personal check or cash are responsible for making sure the payments have been made each billing cycle and on the specified due date. A late fee of $35.00 will be requested in order to activate/unsuspend the delinquent account, this is to include any data or file restoration from backups available.

Payments are scheduled monthly, semi-anually, anually or other time schedule as agreed with Netrillium, Inc.. Non payments are not to exceed 30 days from the payment due date. Failure to make a payment in 4 days or more will result in a suspension. Failure to make a payment in 30 days will result in definite termination of the account. Accounts are suspended immediately if an invoice goes 4 days past due (dedicated servers have no grace period). All accounts listed in your billing account are subject to suspension if you have any past due invoices for any service. If you need to make payment arrangements, or if your account has been suspended, please contact us immediately.

DOMAIN NAME POLICY

Customers purchasing a yearly promotion plan will receive a free domain upon purchase. Domain purchased for the customer is free for one year (12 months) only. Upon expiration of the domain name, the customer will be responsible for renewing the domain any further. Furthermore, customers cancelling before their 12 months (one year) is over, will be asked to make a payment for the regular price of the domain name before it is released to their full ownership.

Domain name registration, renewal or transfer fees are non-refundable. Customers are responsible for all domain name renewals and timely processing. Netrillium, Inc. is not responsible for expirations of domain names.

All domain name registrations, transfers and renewals we offer are through eNom.com. We offer domain services through our eNom.com affiliate program only. You agree not to hold Netrillium.com, Inc. responsible for any domain name registration, renewal, transfer dispute. We have registered 1000s of domains through eNom.com and believe they will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires. An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal.

ACCOUNT CANCELLATION & REFUND

Customers are responsible for informing Netrillium, Inc. of any problems experienced with the accounts. Thirty day money back guarantees will be issued only in the thirty day or less timeframe, starting from the account activation date. Money back guarantee does not cover domain name fees or server fees. Domain name purchases are non-refundable.

Cancellation of services will only be accepted through the HelpDesk. Cancellations are not automatic and will require our billing staff to review and properly stop any billing as well as remove the account from services. Accounts cancelled will be terminated within 48 hours of finalizing the cancellation, any charges occurred during the cancellation process will be refunded.

Refunds requested by monthly customers will be issued only if the refund is requested before the billing period starts. Accounts purchased semi-annually, annually or any other payment schedule will receive refunds for the FULL months not used. In any event customer requests a refund after the billing cycle has already begun, refunds for that month will not be valid.


CANCELLATIONS MUST BE PROPERLY SUBMITTED TO OUR ONLINE HELPDESK LOCATED AT WWW.NETRILLIUMCLIENTS.COM. E-MAIL OR PHONE REQUESTS WILL NOT BE PROCESSED.

It is client responsibility to properly notify Netrillium.com, Inc. of any intention to cancel and stop further billing. Failure to do so will result in continued charges as the services will be rendered.

In a situation of an expired or invalid domain name, the web hosting service will still be available through the server's shared IP address, as well as the CPanel and FTP access. The reocurring charges will bill for the web hosting services until the customer notifies Netrillium.com, Inc. of cancellation.

RESELLER PRIVILEGES

Resellers will be responsible for all accounts under their ownership. Netrillium, Inc. will not provide support/assistance to any accounts hosted by resellers. Furthermore, harmful actions caused by reseller customers will hold the reseller responsible for any damage caused by the reseller's customer. Netrillium, Inc. will not be responsible for any mistakes, errors or downtime caused by the reseller, or the reseller's accounts. Terminations or deletions of the main reseller or the accounts hosted by the reseller will be the responsibility of the reseller itself. Netrillium, Inc. will not be responsible for restoring any reseller's accounts that have been deleted by mistake. In such situations, only the main reseller account will be restored with it's reseller permissions. Files, data and related may or may not be restored, depending on the situation.

Reseller TOS Violation

Non-payment of a reseller account will result in suspension and/or termination of the reseller. This is to include the main reseller, privileges and all accounts hosted by the reseller itself. Violation of the TOS and termination of the customer will break all contracts and obligations of Netrillium, Inc. to the reseller.

Shell Access

Shell access will only be provided to the main reseller account. Reseller accounts are prohibited from providing SSH privileges to any account under their ownership. Requests for shell access must be made through our Support Helpdesk. Shell usage and security is the responsibility of the reseller owner.

 

Liability

Netrillium, Inc. will not be liable for lost revenue, traffic, data or other caused by server downtime, human error or any disaster that may occur. By filling out an order form you automatically agree to not hold Netrillium, Inc. responsible for any damage caused to your account, whether it be incidental or otherwise. Netrillium, Inc. will not be held liable for equipment, software, programming and other damages. Physical well beings are responsibility of the datacenters providing the servers. Theft, fires, floods or any other disasters will not hold Netrillium, Inc. liable for any damages.

All hosting account and dedicated server data backups are the account holder's responsibility. Although we do make regular system-wide backups (of our hosting account servers) and dedicated server customers may choose to purchase backup services, Netrillium, Inc. is NOT responsible for data backup integrity or subsequent loss. Shared hosting accounts and dedicated servers should not be used for mission critical websites or email that require absolute redundancy. Hosting accounts and managed dedicated servers are not guaranteed against any hacking attempt, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of Netrillium, Inc., you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe hosting services, contact us for special arrangements and related contracts.

Furthermore disputes over all above mentioned policies, guidelines and disclaimers should be handled by Netrillium, Inc. and the disputing customer. Concerns, questions and comments over the Netrillium, Inc. Terms of Servers and Account Usage Policies should be directed to abuse@netrillium.com.