Acceptable Usage Policy
The terms and conditions which follow are necessary to ensure that NamesAreCheap may continue to provide the best possible service to our clients and fulfill our legal and ethical responsibilities.Failure of a client to meet any term or condition will be grounds for immediate account deactivation without notice. NamesAreCheap will be the sole arbiter as to what constitutes a violation of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuse of an account will be investigated and may lead to immediate suspension of that account.To report suspected abuses or violation of our policies, please contact firstname.lastname@example.org .
NamesAreCheap servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any law or regulation is prohibited. Sites that promote any illegal activity or include content that may be damaging to our servers or any other server on the Internet are prohibited, as are links to such sites. Prohibited content includes but is not limited to copyrighted or trademarked material; trade secrets or other intellectual properties used without proper authorization; and material that is obscene, defamatory, or that constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links are pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots. The subscriber to NamesAreCheap service agrees to indemnify and hold harmless NamesAreCheap from any claims of damages to the subscriber or any other party said to have resulted from the use of the service. NamesAreCheap will be the sole arbiter as to what constitutes a violation of this provision.
Due to the special system and network requirements of sexual sites, pornography and sex-related merchandising are prohibited. This includes sites that include sexual content, or include links to sexual content elsewhere.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probe, or scan of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including but not limited to mail bombing, flooding, deliberate attempts to overload a system, or broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory, space usage, network resources) will be given an option of either paying additional charges (which depend on the resource used) or reducing resource use to an acceptable level. NamesAreCheap shall be the sole arbiter of what is considered to be a high server usage level.
CGI script sharing with domains not hosted by NamesAreCheap.com is prohibited. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. See the Script Usage Policy for more details.
NamesAreCheap does not allow clients to install their own chat rooms. NamesAreCheap does provide a choice of Java chatrooms which should meet most users' needs and run without hindering our server performance.
Background Running Programs and Cron Jobs:
NamesAreCheap does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
NamesAreCheap does not allow IRC or IRC bots to be operated on our servers.
NamesAreCheap performs daily backups of all servers to ensure critical files are never lost; however, NamesAreCheap is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.
Clients are responsible for all activity originating from their accounts unless proven to be victims of outside hacking or address forgery. Clients are responsible for securing their usernames/passwords. Clients assume responsibility for all material on their sites that may be put on by a third party (such as the usage of Free-For-All links pages).Use of NamesAreCheap service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by clients. Such skills include but are not limited to xWeb Publishing (which requires knowledge of HTML), locating and linking documents, FTPing Web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing (which requires knowledge of FrontPage tools; Telnet and FTP understanding and capability); CGI-Scripts (which require knowledge of the UNIX environment), TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.; use of mail clients to receive and send mail, etc. Clients agree that they have the necessary knowledge to create and maintain their web space. Clients agree that it is not the responsibility of NamesAreCheap to provide this knowledge or support outside matters specific to NamesAreCheap servers.
UCE (Unsolicited Commerce Email) Spam
Spamming, or sending mass unsolicited email, from or through a NamesAreCheap server or using an email address that is maintained on a NamesAreCheap server is STRICTLY prohibited. NamesAreCheap will be the sole arbiter as to what constitutes a violation of this provision. If clients engage in any of the foregoing activities using the service of another ISP or IPP, but channel such activities through a NamesAreCheap server as a maildrop for responses, they are in violation of NamesAreCheap policies. Violators will be assessed a minimum of a $200.00 fine and will face immediate suspension. See the NO SPAM Policy for more details.
Any attempts to undermine or cause harm to a NamesAreCheap server or customer of NamesAreCheap are strictly prohibited.Any sub-networks of NamesAreCheap and dedicated servers must adhere to the above policies. Failure to follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
The Web Hosting/Reseller accounts of NamesAreCheap are not to be used for the purposes of distributing software or multimedia products. If you wish to distribute software and/or multimedia files, please contact email@example.com for special arrangements.
Multimedia files are defined as any graphics, audio, or video files. NamesAreCheap web hosting accounts are not to be used for the purposes of distributing and storing an unusual amount of multimedia files. Any web site whose disk space usage for storing the multimedia files exceeds 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount of multimedia files.
Any database stored on NamesAreCheap servers shall be limited in size to 20% of the total disk space allotted for a particular domain.
Actions Taken By Namesarecheap.com
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. NamesAreCheap will be the sole arbiter as to what constitutes a violation of the AUP. NamesAreCheap reserves the right to remove any account without prior notice.
When NamesAreCheap becomes aware of an alleged violation of its AUP, NamesAreCheap will initiate an investigation. During the investigation, NamesAreCheap may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, NamesAreCheap 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, NamesAreCheap will notify the appropriate law enforcement authorities of such violation.
NamesAreCheap does not issue credits for outages incurred through service disablement resulting from AUP violations.NamesAreCheap clients agree to indemnify and hold harmless NamesAreCheap from any claims of damage to the subscriber or any other party said to have resulted from the use of the service. NamesAreCheap 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. NamesAreCheap expressly disclaims any representation or warranty that the NamesAreCheap service will be error-free, secure, or uninterrupted. No verbal advice or written information given by NamesAreCheap, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NamesAreCheap 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.
NamesAreCheap reserves the right to add, delete, or modify any provision of this Acceptable Use Policy at any time without notice.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Billing Policy / Cycle Rates
NamesAreCheap offers three billing cycle options for Web Hosting, Reseller, and Dedicated Server Plans: billing monthly, quarterly, or annually.
Monthly Billing: The credit card on file for the client is automatically charged on the first of every month, in accordance with the rate of the hosting plan.
Quarterly Billing: The credit card on file for the client is automatically charged quarterly, on the first of every third month after the account is opened, in accordance with the rate of the hosting plan (unless another payment arrangement is made).
Annual Billing: The credit card on file for the client is automatically charged annually, on the first of the month that the account was opened, in accordance with the rate of the hosting plan (unless another payment arrangement is made).
Domain Registrations and Renewals, Hosting Fees and Auto-Renewals.
Domain registrations and renewal fees are non-refundable. All NamesAreCheap hosted clients are agreed to auto-renew every year. If hosted clients choose to cancel the auto renewal process, they must do so prior to the 60-day, 30-day, 10-day hosting renewal notice. If clients files a chargeback for the hosting fee. It will result in a full termination of the account and activation fee of $50 plus hosting fees and chargeback fees to restore service.
NamesAreCheap does not charge for extra bandwidth in any of our web hosting plans. However, if an account begins to accumulate a high volume of traffic and/or begins to affect server/network stability, clients will be notified that they must upgrade or be charged additional fees.
Traffic Overage Charges:
Traffic overages will be charged at a rate of $35 per GB/month
99.9% Uptime Guarantee:
(1.) CoverageThis 99.9% uptime guarantee applies to any NamesAreCheap client in good financial standing with NamesAreCheap at the time of a service outage.
(2.) Service LevelNamesAreCheap endeavors to make the content of each client's web site available for http access by any party in the world 99.9% of the time.
(3.) CreditsIn the event that a client's web site is not available for more than 99.9%, NamesAreCheap.com will credit the following month's service fees as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
Monthly Uptime Credit:
95% to 99% - 10%
90% to 94% - 25%
89% or below - 50%
Credits shall not be provided to a client in the event that the outage results from
(1.) the client's behavior or the performance or failure of the client's equipment, facilities or applications, or
(2.) circumstances beyond the reasonable control of NamesAreCheap, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third-party services (including but not limited to DNS propagation, domain name registration/transfer, failure of third-party software or hardware, or inability to obtain raw materials, supplies, power or equipment needed for provision of your web site), or
(3.) a client violating any provision of the NamesAreCheap terms, conditions, and acceptable use policy which causes a machine to fail.
PS - Paid Support Services (Installation of scripts or third party applications)Fees based in hourly rate to install third party applications (amount depends in the hours quoted) are not refundable.
Semi-Dedicated Customers (High bandwidth)Fees based in percentage of occupancy per server.
This 99.9% uptime guarantee applies to any NamesAreCheap client in good financial standing with NamesAreCheap at the time of a service outage.
30-day Money-Back Guarantee for Hosting Service
NamesAreCheap is proud to offer a 30-day unconditional money-back guarantee for hosting service. If for any reason clients are not completely satisfied with NamesAreCheap hosting service, we will refund the initial hosting payment. This offer is limited to monthly hosting fees only and excludes domain registration/renewal fees. Clients will receive their refunds within 30 days of providing notice to our billing department. To make a request for money back under this guarantee, clients must send an email to our billing department through our support desk. A client demanding money back must provide NamesAreCheap with his/her own name, domain name, and activation date.
Chargebacks and notification request:
Notification request and chargebacks from clients will result to suspension and deletion of hosting files without any notification.
Customers are required to submit a cancellation notice 30-days prior to the actual charge. Otherwise, 10% will be deducted towards the actual charge (due to merchant fees), plus one month usage fee.
Clients with owed fees from our hosting department are not permitted to use any of our nameservers (rns1.lookwhois.com, anyname.lookwhois.com)
30-day Money-Back Guarantee does not apply to domain registrations or renewals, only hosting.
NACGo.com! / Namesarecheap.com
P.O. Box 3402
Palm Desert, CA, USA 92261
namesarecheap.com & nacgo.com
Customer Service: +1-415-800-3650