Acceptable Use Policy
Native Design Services (NDS) provides web hosting and e-mail services to its clients. Our general policy is to act as a neutral provider of hosting services to the global Internet. Native Design Services reserves the right to suspend or cancel a customer's access to any or all services provided by NDS, when NDS decides that the account has been inappropriately used.
Server Use
Web sites are to be used by the primary owner only. Clients are not permitted to resell, store, or give away web hosting services off of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purpose of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing webhosting account served by NDS or any other provider. Domain pointers are not to be used as a substitute for purchasing separate accounts.
NDS reserves the right to refuse, cancel, or suspend service at it's sole discretion.
Reporting Abuse
Send email to and let us know as much detailed information as possible about the suspected abuse. Every complaint will be investigated.
Unsolicited Material/SPAM
Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from an NDS server or using an e-mail address or domain that is maintained on an NDS server as reference is STRICTLY prohibited.
A user shall not use another site's mail server to relay mail without the express permission of the site. Users who have engaged in any UCE or spamming activity will be subject to immediate account termination or suspension without prior notification. NDS will be the sole arbiter as to what constitutes a violation of these provisions.
Hacking and Pirating
Hacking and/or pirating is strictly prohibited. This includes pirated software, warez, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Abusive Net Behavior
Native Design Services does not allow "Abusive Net Behavior". Examples of abusive net behavior are: subscribing others to a mailing list without that person's permission, sending commercial solicitation with invalid return e-mail addresses, spamming (sending unsolicited commercial e-mail to numerous email addresses or sending much higher volumes of e-mail than a normal user would do), sending mailbombs (multiple messages without significant new content to the same user). Posting of defamatory or private information about a person without their consent, or violating trademarks, copyrights, or other intellectual property rights, including copyrighted MP3 music is prohibited. NDS reserves the right to determine what is Abusive Net Behavior.
Use of System Resources
Native Design Services does not allow the overloading our system resources or misuse of our system resources in any way. Examples of this are: employing programs which consume excessive CPU time or storage space; excessive and/or disruptive bandwidth usage, permitting use by other of our mail services (POP3/IMAP accounts) including mail posting, autoresponders, mail relaying or mail forwarding from the customer's own account by other individuals.
Any attempt to undermine, compromise the security of, or otherwise cause harm to any NDS server or customer accounts is strictly prohibited and will result in the cancelation of the account.
Limited Liability
Native Design Services shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with NDS services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if NDS has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
While Native Design Services shall make every reasonable effort to protect and backup data for it's web hosting clients on a regular basis, NDS is not responsible for the client's data. The client is solely responsible for independent backup of data stored on NDS servers and network. NDS may charge a fee for restoration of lost or damaged client data.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. NDS is not liable for protection or privacy of electronic mail or any other information.
NDS will not censor any content on the Internet. It will be the client's responsibility for the usage of his account and any consequences of this usage.
Disclaimer
Native Design Services cannot be held directly liable for system
downtime, crashes, or data loss other than for our "Uptime
Guarantee", as specified within stated limitations of guarantee..
We cannot be held liable for any predicted estimate of profits
in which a client would have gained if their site was functioning.
NDS disclaims any warranty or merchantability or fitness for
a particular purpose. The includes loss of data resulting from
delays, nondeliveries, wrong delivery, and any and all service
interruptions caused by NDS and its employees.
Moreover, NDS holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as NDS sees fit. Native Design Services reserves the right to revise its policies at any time.
Account Activation
By requesting and activating a web hosting account with Native Design Services, you agree to the above policies and disclaimer. Upon requesting a web hosting account activation, you are thereby agreeing to accept these policies, guidelines, and disclaimer as a whole.
Payment and Terms
Payment shall be made to Native Design Services via quarterly, bi-annual or annual pre-payment, according to the web hosting package selected.
Customer shall be responsible to notify NDS thirty (30) days in advance should they choose not to renew their annual web hosting account, in order to make arrangements to release/transfer their service to another provider. Client is fully responsible for notifying their domain registrar of any changes as well as the transfer of their website and all associated web files to their new provider.
As specified in our web hosting agreement, no refunds will be offered to clients who choose to close and/or transfer their account before their account expiry date.
Native Design Services retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
