Nuspire
Terms of Service (TOS) for ISP Services

Acceptance of this Agreement
Thank you for choosing Nuspire as your Internet services provider.   We've designed these terms and conditions to satisfy state and federal laws, to protect ourselves and to protect you, our customer.  This standard agreement may evolve over time.  Please review this page and the Appropriate Use page periodically.  Use of your account for dial-up or dedicated access and/or web site hosting or acceptance of completed services performed by our company constitutes your approval and continued acceptance of this standard agreement.  If you do not want to be bound by this agreement, do not sign up for our services or, if you already have an account, contact us to terminate it.

Appropriate Use Policy
Use the dial-up service interactively.  A dial-up service is not meant to be a full-time, unattended connection.  Do not provide any public information services over this connection or use any automatic method to avoid inactivity disconnect.  Keep the connection active only when you are actively using it

Refrain from system and network security violations, including those listed below.

• Originating network traffic containing altered source information with the intent to mislead or deceive or disrupt. Forgery of data designed to misrepresent the originating user or source.

·         Spamming or Mailbombing means sending unsolicited, mass electronic mail messages to one or more recipients or systems, resulting in a complaint from the recipient(s). Any email messages which are sent in an unsolicited manner to 10 or more recipients, or a series of unsolicited electronic mail messages, qualify as Spamming or Mailbombing.

Enforcement of Terms and Conditions

• In most cases, we will notify you of violations of our policies and of what corrective action you must take.  Upon receiving such a notice, you will have 24 hours to correct the problem if you are a dial-up customer and 5 business days to correct the problem if you are a dedicated access or web site hosting customer.  If you fail to correct the problem, we may terminate your service immediately.  Regardless of the nature of the violation, we may terminate your service immediately without additional notice upon three violations of our policies.
• In the event that you are found to be deliberately or inadvertantly disrupting the operation of our network or other networks in real time, your service may be immediately suspended or terminated without notice to restore the network to proper operation.  We will contact you to discuss the problem.
• In the event that you are found to be violating any of our policies related to criminal behavior, we reserve the right to suspend or terminate your service immediately without notice.  We will cooperate fully with law enforcement agencies if a criminal violation is suspected.
• If we are forced to terminate your service because you have violated our policies, you forfeit any fees or other monies paid to us for services already performed.

Our duties to you
We will provide the services you select as described in our Plans & Pricing pages.  If you request, we will contact the US InterNIC on your behalf regarding your Internet domain name.  In good faith, we will make our best effort to maintain acceptable performance of the services we provide you, as this is in your best interest and in ours as we strive to maintain an ongoing business relationship with you.

Limitations of Our Obligations and Liability

• We make no warranties, express or implied, including warranty of merchantability or fitness for a particular purpose. Because of the nature of the Internet, which is comprised of numerous systems and telecommunications components not within our control, we cannot guarantee continuous service, service at a specific time or the integrity of transmitted or stored data.  We will not be liable to you, or to any of your customers or affiliates, for any damages you suffer from loss of data, inability to access the Internet, or inability to send or receive information. We will not be responsible for your Web site not being available due to circumstances outside of our control, including the limitations of the end user's own equipment or Web browser software.  Remember that the pages posted on your Web site may appear differently to end users depending on the Web browser software they are using, their monitors, etc.   In addition, your Web site may be temporarily unavailable while our host server is undergoing scheduled or emergency maintenance
• You will take all necessary actions to protect us from being made a party to any lawsuit or claim regarding services we provide to you or any other end user associated with you (such as your own web site customers).   You agree to hold us harmless and indemnify us from any and all claims brought against us by any of your own customers or affiliates in excess of the remedy we describe in these terms.
• Our liability to you, and to any of your customers or affiliates, is limited to the amount we have received from you for pre-paid services not yet provided.  In no event will we be liable to you, or to any of your customers or affiliates, for any special, consequential or other damages of any type, even if you've advised us of the possiblity of such.

Acceptance of Proposal:

The above proposal and pricing is subject to change based on the final project. The total given is only an estimate of the services that will be provided by Nuspire.  Any alterations or deviations from the above estimate will be stated in an addendum before final billing.  Approval of this estimate gives Nuspire the verification to begin work on the above projects.

Nuspire
Terms of Service (TOS) for Web Hosting

Terms of Service Agreement

The Provider agrees to provide, and Client agrees to receive, access to the Provider's Server services according to the following TOS:

2. Client will use their web hosting services in a manner consistent with any and all applicable laws of the State of Michigan and the US Federal Government.

3. Provider reserves the right, in its sole discretion, to deactivate the Client's Server account(s) upon an indication of credit problems including delinquent payments, if this service agreement is violated, or if Client's account or the traffic on this account causes any kind of network or server problem/disturbances.

4. Provider's service is provided on an "as is, as available" basis.  The Provider gives no warranty, expressed or implied, for the server services provided, including, without limitation, warranty of marchantability and warranty of fitness for a particular purpose.  This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.

5. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Server services for any other services for any reason.

6. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider's server. Client is solely responsible for independent backup of data stored on Provider's server.  If Provider needs and is able to restore Client's file(s) due to loss of file(s) Provider is not responsible for, Provider may charge an additional fee for this service.

7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

8.CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE SERVER PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s, VIOLATIONS OF PRIVACY, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM CLIENT'S PUBLICATION OF MATERIALS OR CLIENT'S USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVER ACCOUNT(S) OR HOST SERVER(S).  PROVIDER MAY CHARGE A $50 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

10. This agreement shall be governed in accordance to the laws of the State of Michigan, USA.  Provider will be entitled to an award of all attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.  Client agrees to defend, indemnify, save and hold harmless Provider from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against Provider, 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 dealers, its agents, employees or the performance of my duties here under or liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed, any materials infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement and, any defective products sold by Provider.  Provider disclaims any loss of data resulting from delays, and any and all service interruptions whether they be caused by Provider and its employees or other third parties.

11. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

12. Provider may terminate client's hosting account at any time. Client may terminate hosting account at any time.  Due to security reasons, Client must forward termination notice in writing via postal mail along with domain name, copy of original receipt, reason for termination, and the cardholder's valid signature.  All notices shall be deemed received by Provider when delivered to the address provided below by certified US Postal Mail, return receipt requested, postage prepaid.  Client acknowledges that Provider cannot be held  responsible for lost or misdirected mail.

Client's only right and sole remedy with respect to any dissatisfaction with any (i) TOS term, or policy or practice of Provider, (ii) Content available through Provider or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Client's hosting account by delivering notice to Provider in accordance to the terms of this TOS.  Should such notice of termination be delivered and acknowledged as received by Provider, termination will be effective within 48 hours. In the event that a Client's account is terminated or cancelled, no refund of any fees, including monthly Service fee, will be granted and any time credited to Client's account(s) is not convertible to cash or other form of credit and Provider reserves the right to retain domain name to use at it's sole discretion.

14. Client may not send unsolicited advertising, promotional material, or other forms of solicitation to any of Provider's Clients or subscribers or general Internet users except in cases where prior consent from the recipient has been granted or in cases where such areas are designated for such a purpose (e.g., the classified area).  Advertising, UCE, SPAM, mail bombing, bulk solicitation, name harvesting, or other mass electronic mailings is strictly prohibited. Provider has a strict "anti-spamming" policy. Any violation of Provider's policy and is cause for immediate termination without notice.  Provider reserves the right to block or filter mass email solicitations that pass through Provider's mail servers even if intended for Client. In addition, Client a) may not use POP account(s) to send such solicitations b) may not refer to any domain name or IP address, any sites (names, URLs or IP addresses) belonging to Provider, or the Provider's name in any postings or e-mail solicitations. The use of "ghost sites" (web pages setup on ISPs that allow spamming, that directly or indirectly reference customers to domains or IP addresses) hosted by Provider in mass e-mailings are also prohibited. Client may not participate in advertising or promoting bulk e-mail software or services of any kind. If Client is associated with spamming in any way, Provider may, at Provider's discretion, terminate Client's account without notice.    Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's server account(s).  Provider reserves the right to charge a $50 deactivation fee, if Client's violation of Provider's anti-spamming policy leads to an account deactivation or suspension.

15. Provider has a strict policy against "adult content", "adult material", "sexually explicit", or "sexually related".  It is a clear violation of Provider's policy and is cause for immediate termination.   AIS reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".  Adult content is defined as: 1. Any site whose revenue is gained in part or whole from its adult content. 2. Photos or videos showing frontal nudity on either men or women. 3. Text or image links to other sites which violate policy #1 or #2. Let us know if you are unsure of the approval of your site before placing an order.