Terms of Use of our services
This Terms of Use Policy applies to all persons and entities (herein referred to as, "customers") using the products and services of NextGem, Inc, (herein referred to as "NextGem") including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the NextGem network and the products and services NextGem offers to its customers. NextGem reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of NextGem's products and services constitutes your acceptance of the Terms of Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
- Transmiting, posting, storing, linking or distribution of any material that is obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law.
- Use our systems to distribute and/or store illegal copies of commercial software or any other commercial products including mp3 files.
- The reselling of NextGem services, without the prior express written consent of NextGem.
- Deceptive marketing practices.
- The act of excessively consuming the NextGem resources or generating high volume amounts of traffic through the use of automated or manual routines which are not a part of your normal personal or business use of the NextGem network; which would restrict or inhibit the use of our products or services by our customers or any other Internet customer.
- Introduction of malicious programs into the NextGem network or servers or other products and services of NextGem (e.g., viruses, trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, giving your username and password to any other person than yourself (NextGem will never ask for your password), or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing, forging or altering of mail header information and forged routing information.
- Attempting to monitor network traffic or data not intended for customer viewing.
- Circumventing user authentication or security of any host, network or account.
- Attempting to interfere with or deny any other NextGem customer, service or access (e.g., denial of service attacks)
- Running or attempting to run any kind of "bot". If you don't know what a bot is, then you're not likely to run one, so don't worry about it.
- Failing to comply with NextGem's procedures relating to the activities of customers on NextGem-owned facilities.
- Supplying false or incorrect data on the order form, contract, or any other NextGem documentation. False information can include, but not be limited to: name, address, telephone number, or fraudulent credit card information.
- The sending of unsolicited mail messages, including the sending of "junk mail" or "spam" or other advertising material to individuals or servers who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship.
- E-mail harassment, whether through language, frequency, or size of messages.
- Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.
- The sending of mass unsolicited bulk email, chain letters, "get rich quick" or "pyramid" schemes, etc. You also may not engage in excessive postings to newsgroups.
- Sending unsolicited E-mail originating from within the NextGem network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by NextGem or connected via the NextGem network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
A delay or failure to enforce any portion of the previously stated policy does not constitute a waiver of the policy, or of any further right to enforce the policy. If any portion of the policy is deemed unenforceable because of a law or change in law, that portion shall be disregarded and the remainder of the policy shall remain in effect.
Policy Enforcement
NextGem has the authority to suspend and/or terminate the customer's service for any violation of this policy upon verbal or written notice, which may be provided by E-mail or voicemail. NextGem makes an attempt to work with our customers to remedy violations of this policy and to ensure there is no re-occurrence. However, NextGem reserves the right to suspend and/or terminate accounts based solely on a first offense.
Electronic Communications Privacy Act Notice
NextGem makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon NextGem technology, and makes no guarantee that any other entity or group of users will be included or excluded from NextGem's network. We do however try our best to keep all customer information secure and private, and pledge to never divulge any corporate or personal information to any third party without prior written permission (exception given to a court mandated disclosures). In addition, NextGem may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended. For further information please read our Privacy Policy.
Questions?
If you are unsure of whether any contemplated use or action is permitted, please contact NextGem at support@webhostworks.net or (503) 460-9041.