Agreeing to NexxyHost's Acceptable Use Policy and Terms of Service is mandatory for using our services. By agreeing to our terms of service, you also agree to all other policies and agreements. Additional terms may also apply to certain Services, and are combined by reference herein as applicable.
Please make sure you read everything carefully. If any of these is infringed, we reserve the right to suspend such violating websites. We don't allow HYIP websites. This is as well as sites relating to extreme money making, gambling, e-gold doublers etc.
Introduction
During the term of its agreement with NexxyHost, the customer must ensure that the use of any resource offered to the customer or owned or controlled by NexxyHost ("Service") conforms with NexxyHost's current Acceptable Use Policy ("AUP"). NexxyHost may modify, without prior notice, the AUP as NexxyHost deems appropriate; such modified AUP is effective upon posting on NexxyHost's website.
Responsibility
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host with/without notice and without a refund.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) (e.g. mail@yourdomain.com) you are signing up under. If there is ever an abuse issue or we 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. If you have a domain name registered with NexxyHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. NexxyHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email via support@NexxyHost.com. Providing false contact information of any kind may result in the termination of your account.
Transfers
Our transfer team 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 signup date. Transfers outside of the 30 day free period will incur a charge; please contact us on support@NexxyHost.com with specific details to receive a price quote.
Content
All services provided by NexxyHost may only be used for lawful purposes. The laws of Nigeria apply. The customer agrees to indemnify and hold harmless NexxyHost 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 in the immediate termination of your account. Any account found to be in violation of another's 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. If you believe that your copyright or trademark is being infringed upon, please email support@NexxyHost.com with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include: Topsites
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/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content for which you don't hold usage or distribution rights
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) and activities of any kind.
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
File upload, sharing, archive, backup, mirroring or distribution services
Website primarily created to distribute large documents, images, videos or drive traffic to other sites.
Heavy websites that may over-utilize bandwidth or resources (RAM, CPU, etc)
Torrent software
Network Daemons
Abusive scripts, processes
Adult Thumbnail Galleries / Banner Exchanges
Examples of unacceptable material on all Dedicated servers include:
IRCD (IRC servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Escrow
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/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
NexxyHost services, including all related equipment, networks and network devices are provided only for authorized customer use. NexxyHost 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 NexxyHost system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. NexxyHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, 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.
Any violation as stated above may result in the suspension or termination of your services with or without notice. 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. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
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 username 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.
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 account terminated with or without notice.
Payment Information
You agree to supply appropriate payment for the services received from NexxyHost, in advance of the time period during which such services are provided. You agree that until and unless you notify NexxyHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of NexxyHost, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify NexxyHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by NexxyHost.
It is the customer's responsibility to notify our billing team via email at billing@NexxyHost.com after paying for a product/service renewal and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder and NexxyHost cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final. NexxyHost reserves the right to change the annual payment amount and any other charges at any time.
Termination
NexxyHost may terminate your access to the Services, in whole or in part, without notice in the event that: You fail to pay any fees due; You violate this Agreement; Your conduct may harm NexxyHost or others or cause NexxyHost or others to incur liability, as determined by NexxyHost in our sole discretion; or As otherwise specified in this Agreement. In such event, NexxyHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, NexxyHost may charge you for all fees due for the Services for the remaining portion of the then-current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Backups and Data Loss
Your use of this service is at your sole risk. NexxyHost 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 NexxyHost servers.
Promotional Terms
If you purchased a product/service during a promotion bundled with a free product (i.e a domain name) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo become void. The free product will be charged at the standard renewal rate of the current price of the product. Domain name promo discount offers do not apply to renewals, transfers, premium domains, trademark domains and pre-registration domain fees except otherwise stated in the promotional communication.
Cancellations and Refunds
NexxyHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.
Resource Usage
User may not: 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. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. 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. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. When using PHP 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") To help reduce usage, do not force HTML to handle server-side code (like PHP and SHTML). Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
INODES The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User 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 is typically 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 an acceptable amount of inodes. 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"
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 overages. Unused transfer in one month cannot be carried over to the next month.
Bandwidth Usage
Resellers are responsible for supporting their clients. NexxyHost does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. NexxyHost will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service. Shared (non-reseller accounts) / Semi-Dedicated Servers Shared accounts may not resell web hosting to other people if you wish to resell hosting you must use a reseller account.
Price Change
We reserve the right to change prices listed on the NexxyHost website, and the right to change the amount of resources given to plans at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold NexxyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, asserted against NexxyHost, 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 NexxyHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NexxyHost; (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 NexxyHost's server.
Disclaimer
NexxyHost shall not be responsible for any damages your business may suffer. NexxyHost makes no warranties of any kind, expressed or implied for services we provide. NexxyHost disclaims any warranty or merchantability 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 NexxyHost and its employees.
Disclosure to law enforcement
NexxyHost 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.
Changes to the TOS
NexxyHost reserves the right to revise its policies at any time without notice.
Important Notice For .NG Domains
There are terms and conditions for registering a .ng domain name, it's quite much, but we will summarize it in a few sentences. Interested in the whole lot, get it here. You may also click here to download the full policy The registrant must be an individual or entity present in Nigeria or having a trademark, business or proxy in Nigeria. Domains will not be registered for speculative purposes. Although domains operate on a first-come-first-serve basis, a registrant shall not register another entity's trademark as a name except if he has rights to such trademark as well e.g. an individual will NEVER be allowed to register glo.com.ng except if it's authorized by Globacom. Generic domain registration requests (esp. .com.ng)will not be accepted. Many of generic names are regarded as premium names which will be auctioned at a later date e.g jobs.com.ng .edu.ng is reserved for degree-awarding higher institutions (polytechnics and colleges of education inc.), .gov.ng is reserved for governmental parastatals and setups, .net.ng for telecoms setups.
Do download the entire .ng registrant agreement here.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use.
Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.
Content Ownership Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.
File repository / Dump Sites
Customer may not use disk space as a file repository or dumpsite. This includes but is not limited to; warez, serials, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the webspace to store images for auction descriptions, flash or any other files used on another site but stored on our server.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension with or without notice and also without refund, as well as criminal prosecution where deemed necessary.
Disclaimer
NexxyHost will not be held responsible for any damages, events that may occur resulting from the use of our services, downtimes, failure or refusal to register or renew your products and services with us.
