Last Updated: 20 January, 2017
sixteenNORTH ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of sixteenNORTH Service constitutes acceptance and agreement to sixteenNORTH AUP (Acceptable Use Policy) as well as sixteenNORTH TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of sixteenNORTH, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of North Carolina, county of Orange applicable to contracts enforceable in that state. Venue will be Orange County, North Carolina.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, sixteenNORTH shall have the right to terminate all service set forth in this Agreement.
Payments and Fees: Service for accounts past due may be interrupted by end of day. Service interrupted for non-payment on personal accounts are subject to a $10 reconnect charge. Service interrupted for non-payment on reseller or business accounts are subject to $25 reconnect charge. sixteenNORTH may attempt for no less than thirty (30) days after service interruption to collect the amount due. Accounts that are not collectable by sixteenNORTH may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay sixteenNORTH a "Processing and Collection" Fee of not less than $50 nor more than $150 in addition to the original balance and any fees added by the collection agency to whom your account was turned over to. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any account turned over to collects is ineligible for re-activation until all balances are paid in full. If a cancelled account is reinstated and requires a restore from backups performed by us, a $75 fee will apply. Backups eligible for restore are kept for 30 days. Any credit card chargebacks placed on payments made to sixteenNORTH will be billed the original amount, interest at the rate of 19.5% plus a service fee of $25. Any account(s) late on payment more than 2 times within 12 months may be terminated without notice.
Legal Threats & Professional Behavior: Please behave in a reasonable manner towards sixteenNORTH, LLC employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards sixteenNORTH, LLC employees or legal threats against the company are viewed as extremely serious. sixteenNORTH, LLC reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.
Account Transfers: Our team will make every effort to help you move your account to us without disruption. However, we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each company is configured differently, and some 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 the previous company. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by our staff.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Support Boundaries: sixteenNORTH provides online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: sixteenNORTH provides support related to your server or virtual site physical functioning. sixteenNORTH does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail [email protected]. Lastly, the help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
IP Address Ownership: If sixteenNORTH assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to sixteenNORTH, and Customer shall have no right to use that Internet Protocol address except as permitted by sixteenNORTH in its sole discretion in connection with the Services, during the term of this Agreement. sixteenNORTH shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by sixteenNORTH, and sixteenNORTH reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Examples of unacceptable material on all servers include:
Image Hosting Scripts (similar to Photobucket or Tinypic)
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)
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
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)
System and Network Security: Users are prohibited from violating or attempting to violate the security of the sixteenNORTH Network. Violations of system or network security may result in civil or criminal liability. sixteenNORTH will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting. Taking any action in order to obtain services to which such User is not entitled.
Backups and Backup Access: Customer acknowledges that individual backups are the responsibility of the customer. sixteenNORTH may keep overall system snapshots in case of full system recovery and will not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.
Suspension of Service or Cancellation: sixteenNORTH reserves the right to suspend network access to any customer if in the judgment of the sixteenNORTH network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which sixteenNORTH chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Right to refuse service: sixteenNORTH reserves the right to refuse service to any customer at any time within reasonable means/requests.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date at our billing panel.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on our servers unless approved by management.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customer’s rights under this contract at anytime without further obligation.
sixteenNORTH takes no responsibility for any material input by others and not posted to the sixteenNORTH Network by sixteenNORTH. sixteenNORTH is not responsible for the content of any other websites linked to the sixteenNORTH Network; links are provided as Internet navigation tools only. sixteenNORTH disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Disclaimer of Warranties. SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY'S REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability. COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL COMPANY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN SUBSCRIBER’S WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. COMPANY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. COMPANY’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT. IN NO EVENT SHALL COMPANY’S LIABILITY TO SUBSCRIBER EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO COMPANY FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. SUBSCRIBER’S RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Responsibility for Content: You, as sixteenNORTH customer, are solely responsible for the content stored on and served by your sixteenNORTH server.