Terms of Service

The use of services from Nixser Online Services [hereafter referred to as "Nixser"] constitutes agreement to these terms.

  1. Account Setup / Email on file

    We will set-up your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue orwe need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact in formation of any kind may result in the termination of your account.

    Transfers

    We 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. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

  2. Content

    All services provided by Nixser may only be used for lawful purposes. The laws of Malaysia or any user's country apply.

    The customer agrees to indemnify and hold harmless Nixser from any claims resulting from the use of our services.

    Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result inthe immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

    Using a shared account as a backup/storage device is not permitted,with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

    Examples of unacceptable material on all Shared hosting accounts include:

    • Top sites
    • IRC Scripts/Bots
    • Proxy Scripts/Anonymizers
    • Pirated Software/Warez
    • Image Hosting Scripts (similar to Photobucket or Tinypic)
    • AutoSurf/PTC/PTS/PPC sites
    • IP Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • Banner-Ad services (commercial banner ad rotation)
    • File Dump/Mirror Scripts (similar to rapidshare)
    • Commercial Audio Streaming (more than one or two streams)
    • Escrow/Bank Debentures
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    • Sale of any controlled substance without prior proof of appropriate permit(s)
    • Prime Banks Programs
    • Lottery Sites
    • MUDs/RPGs/PPBGs
    • Hateful/Racist/Harassment oriented sites
    • Hacker focused sites/archives/programs
    • Sites promoting illegal activities
    • Forums and/or websites that distribute or link to warez/pirated/illegal content
    • Bank Debentures/Bank Debenture Trading Programs
    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    • Mailer Pro

    Nixser services, including all related equipment, networks and network devices are provided only for authorized customer use. Nixser systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures,survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Nixser system(s) constitutes consent to monitoring for these purposes.

    We reserve the right to refuse service to anyone. Any material that,in our judgement, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

    Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

    Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

    Violations will be reported to the appropriate law enforcement agency.

    It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

  3. Zero Tolerance Spam Policy

    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 accountterminated with or without notice.

    Sites advertised via SPAM (Spam vertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    Nixser reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

    Nixser reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Nixser.

  4. Payment Information

    You agree to supply appropriate payment for the services received fromNixser, in advance of the time period during which such services are provided. You agree that until and unless you notify Nixser of your desire to cancel any or all services received, those services will be billed on a recurring basis.

    As a client of Nixser, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Nixser provides a 10 days grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in an account suspension until account balance has been paid in full.

    Nixser reserves the right to change the annually payment amount and any other charges at any time.

  5. Backups and Data Loss

    Your use of this service is at your sole risk. Our backup service isprovided to you as a courtesy. Nixser 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 Nixser servers.

  6. Resource Usage

    User may not:

    1. Use 25% or more of system resources for longer then 90 seconds.There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
    2. Run stand-alone, unattended server-side processes at any point intime on the server. This includes any and all daemons, such as IRCD.
    3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
    4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
    5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
    6. Participate in any file-sharing/peer-to-peer activities
    7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
    8. Run cron entries with intervals of less than 15 minutes When usingPHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

      1. 6b.) INODES

        The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

        Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catch all address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then"Default Address", "Set Default Address", and then type in: :fail: No such user here.

      2. Bandwidth Usage

        You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overage. Unused transfer in one month cannot be carried over to the next month.

      3. Price Change

        The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Nixser.com.my,and the right to increase the amount of resources given to plans at any time.

      4. Indemnification

        Customer agrees that it shall defend, indemnify, save and hold Nixser harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legals fees asserted against Nixser, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nixser against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nixser; (2)any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and(4) any defective products sold to customers from Nixser's server.

      5. Disclaimer

        Nixser shall not be responsible for any damages your business may suffer. Nixser makes no warranties of any kind, expressed or implied for services we provide. Nixser disclaims any warranty or merchant ability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nixser and its employees.

      6. Disclosure to law enforcement

        Nixser may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

      7. Changes to the TOS

        Nixser reserves the right to revise its policies at any time without notice.