Legal

Terms Of Service

Netville Internet Services provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of Netville Internet Services (netville.ca) agree to and are subject to our Terms of Services below.

Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Netville Internet Services and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that Netville Internet Services shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Netville Internet Services.

Subscriber further acknowledges that Netville Internet Services' liability for its own negligence may not, in any event, be held liable by the subscriber for services during the period damages occurred. In no event shall Netville Internet Services be held liable for any special or consequential damages, loss or injury.

Indemnification Policy

You agree to use all Netville Internet Services services and facilities at your own risk. Netville Internet Services specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Netville Internet Services be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold Netville Internet Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Netville Internet Services, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold harmless Netville Internet Services against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Netville Internet Services' network.

Netville Internet Services reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner is subject to removal from Netville Internet Services' servers/network. Netville Internet Services shall be the sole judge of what violates this policy.

Billing:

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We provide a 14-day money-back (refund) guarantee. Each refund request must be submitted using our support ticket system located at netville.ca/portal. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. Netville Internet Services will only issue a refund or credit within 14 days after the initial signup date of the service. Therefore, Netville Internet Services retains the right to grant or deny any refund or credit request - not affected by date. (For some special offers, the money-back guarantee day will be varied; Domain Name registration/transfer fee(s) are non-refundable. Crypto Currency payments such as Bitcoin and Ethereum are non-refundable but may receive an account credit. To prevent abuse, only a client's first invoice is eligible for a refund unless stated otherwise.

We accept Visa, Master Card, American Express, Discover Card, PayPal and Crypto Currency. All services are setup, free of any fees or charges. Clients are encouraged to pay by PayPal as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Cancellation:

User may request any cancellation of services via a ticket or from within the support al portal. If the user does not request a cancellation, and any payments are processed, still no refunds will be given.  A credit may be given, depending on the case.

Limitation Of Liability:

Netville Internet Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Netville Internet Services servers going off-line or being unavailable for any reason whatsoever. Furthermore, Netville Internet Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Netville Internet Services servers. All damages shall be limited to the immediate termination of service.

Late Payments:

All services are billed according to the dates they were first activated on. If you do not pay for service renew within 2 days after deactivation, your service will be suspended. If you do not pay for service renew within 14 days after deactivation, your service will be terminated. 

Disclaimer:

Netville Internet Services cannot be held liable for system downtime, crashes, or data loss. Netville Internet Services has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Netville Internet Services are resold. Thus, certain equipment, routing, software, and programming used by Netville Internet Services are not directly owned or written by Netville Internet Services. Moreover, Netville Internet Services holds no responsibility for the use of our clients' accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as Netville Internet Services sees fit. Netville Internet Services is not responsible for any clients files, data or actions. FURTHERMORE, Netville Internet Services retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Acceptable Use Policy

Netville Internet Services provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of Netville Internet Services (netville.ca) agree to follow Acceptable Use Policy below.

All services provided by Netville Internet Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. Services provided by Netville Internet Services that reside outside of the United States must still abide by these terms and must not be in violation of any relevant laws of hosting city, state, and country. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Netville Internet Services and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates' commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

Spam

All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.

Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not "opted-in" to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Netville Internet Services upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an "opt-in" process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and "opt-in" elections and provide such records to Netville Internet Services upon its request. If a user cannot provide positive and verifiable proof of such consents and "opt-in" elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:

    • Use of our network for the receipt of replies to unsolicited mass e-mail.
    •  
    • Forgery of e-mail headers (spoofing);
    • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
    • Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
    • Hosting web pages advertised within "spam e-mail" sent from another network (spamvertising).
    • Hosting web pages or providing services that support spam.
    • Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
    • Instructing others in any activity prohibited by this AUP.

If, as a result of your actions, our domains and/or IP address ranges are placed on black hole lists or other mail filtering software systems, your server may be suspended and possibly terminated upon further investigation.

Prohibited Uses

The following uses are prohibited on our network. Engaging in these activities on our services will result in an account and/or service suspension without notice.

  • Copyrighted content hosting and/or linking to pirated content
  • Open proxies
  • Stressers/booter websites
  • Mail/SMS bombers
  • Mass mail
  • Resource intensive activities (CPU, I/O, Network etc)
  • IP spoofing
  • Network/port Scanning
  • Distribution of credentials and/or personal information
  • Denial of Service (DoS) attacks
  • TOR exit nodes
  • Open DNS resolvers
  • Hola
  • Kloxo
  • Virtual currency (*coin) mining
  • World Community Grid, Folding at Home, or similar software
  • CrystalMines
  • HitLeap or any artificial traffic creation
  • HYIP websites
  • iBusinessPromoter or similar software
  • Vulnerability scanning
  • Bruteforcing
  • Social media crawlers
  • Cracking
  • Botnets
  • Illegal pornography
  • Hivemail
  • Telnet or SSH access scripts
  • Usenet
  • Destructive activities including but not limited to phishing, malware and/or distributing malicious content
  • Illegal activities including but not limited to ponzi schemes, pyramid schemes, phishing, scam websites and pirating software
  • Video streaming
  • Content delivery networks (CDN)
  • LIULIANGKUANG
  • Multics, CCcam, or any other card sharing software
  • Chinese private game servers and related websites
  • Any form of file hosting, file storage, cyberlocker, leeching or similar activity is prohibited
  • Any activity, website, service, business or product defined as being prohibited by our payment processor(s) such as 2Checkout is not allowed. Click here for 2Checkout's prohibited list.

 

Some network ports may be blocked on our network, this is to ensure our services are not used maliciously. Any port(s) may be added or removed to the list of blocks without prior notice. Please check our KB or create a support ticket if you require more information.

DDoS Attacks

Clients who are targeted with frequent and/or disruptive attacks may have action taken against them. If your service(s) are found to be impacting the experience of other clients, you will be notified via ticket and requested to prevent further damages from occurring or relocate to another provider.

Fair Usage

Unlimited & unmetered claims have software and hardware limitations and are subject to a discretional fair use policy by our team. If you are using more of any resource than is considered realistic or reasonable for the platform then you will be notified via a support ticket to reduce your usage.

Account Resources

All accounts are protected by CloudLinux virtualization. The resources allocated to our clients through packages are not dedicated to the account, and no right to use the entirety of any resource is given. These are in place to lessen attack disruption and/or abusive behaviour from affecting other customers on the same node. If you are persistently reaching these limits, we may request that you upgrade your plan if applicable or move to a more powerful environment such as a VPS and dedicated server. We retain the right to change these limits without notice and to suspend services that are persistently reaching their maximum limits.

All cPanel accounts on our Shared & Reseller plans have a soft limit of 230,000 inodes and a hard limit of 250,000 inodes. When these are reached, this will result in you being denied access to write anymore files to disk. In computing, an inode is a data structure on a traditional Unix-style file system such as UFS. An inode stores basic information about a regular file, directory, or other file system object. (One inode is equal to 1 file, such as an image)

Outgoing mail on our cPanel host nodes are limited to 500 emails per hour on each account, this includes mailman lists and PHP mail. We retain the right to alter this limit without notice.

SSH access granted by Netville Internet Services is jailed to prevent unauthorized access and damages to the host node. If you are found to be installing or running processes that are not meant for the platform, those processes will be killed and your SSH access will be removed. Severe and persistent violation may result in an account suspension.

Backup Policy

All cPanel host nodes run daily backups of accounts, the maximum retain period is 15 days. This process happens during off-peak hours and may cause a decrease in server performance during this time. We are not responsible for any performance decrease during the process, nor is it included within our uptime guarantee. We provide these backups as an emergency fail-safe and cannot guarantee their availability to clients.

 

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