The Customer agrees when using, or accessing NivaCity services that the terms and conditions of this policy will be met:
The user agrees to use the service in a manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all
Applicable Laws including, but not limited to Local, State or Federal Laws, NivaCity reserves the right to cooperate with all or any law enforcement agencies.
User agrees to follow the Acceptable Use Policy of any network user connects to, including the NivaCity system.
Neither NivaCity nor its Information Providers are responsible for any damages arising from the User’s use of NivaCity products or by the User’s inability to use NivaCity service.
User hereby agrees that any material submitted for publication on NivaCity through the user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libellous. The users may not host any hardcore adult content or porn websites on our shared, reseller servers. Adult content can only be hosted on a selected range of VPS & Dedicated servers.
Software intended to facilitate any such violations or infringements may not be stored on NivaCity.
The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by NivaCity and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
NivaCity performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 20GB and 150,000 Inodes. These limits apply to each cPanel user individually. Furthermore, NivaCity does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with NivaCity, will use reasonable endeavors to restore the client’s data; however NivaCity will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
The use of more than 50,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a resellers inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a
normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.
Every file (a web page, 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 resellers with millions of files that 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 catchall 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.
User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with NivaCity as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
Abuse of NivaCity Staff or Support Personnel: At NivaCity, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
We have a zero-tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to our customer service department to discuss your issue, this will result in immediate account termination without any refund.
Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client that we want to deal with. We have the utmost respect for all of our clients and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our customer service department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please DO NOT SIGN UP with NivaCity in the first place.
Without waiving any of its other rights under this Agreement, NivaCity offers to its Customers a 30-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (30) days starting from the day NivaCity dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. NivaCity will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be cancelled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from NivaCity and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at https://clientzone.nivacity.com > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. NivaCity requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that NivaCity does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 30 day money back guarantee.
All cancellation requests must be made directly via https://clientzone.nivacity.com. Cancellations requests are not accepted by email, postal mail or by phone. If a customer cancelled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, NivaCity reserves the right to terminate the customer account with immediate effect without any prior notice.
NivaCity may modify these terms and conditions upon notice published online via NivaCity. User’s use of NivaCity services after such notice shall constitute the user’s acceptance of the modifications to this Agreement.
This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.