Important Legal Agreements

Indemnification Policy

You agree to use all Nan Resources LLC services and facilities at your own risk. Nan Resources LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Nan Resources LLC be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold Nan Resources LLC harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees asserted against Nan Resources LLC, 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 customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nan Resources LLC against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Nan Resources LLC's server.

Nan Resources LLC reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Nan Resources LLC's server. Nan Resources LLC shall be the sole judge of what violates this Policy.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Content

All services provided by Nan Resources LLC may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Nan Resources LLC from any claims resulting from the use of our services. The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on our servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, file dump, mirror, or banner-ad services (similar to Rapidshare, Photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / RPG's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via a trouble-ticket/email and will have a response within 48 hours.

Additionally, hosting content on our servers with the intent to deceive or act as another entity and collect usernames or passwords from unsuspected users is a crime and not allowed on our servers. We will suspend any account with phishing content with our without notification

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. ``Safe lists`` and ``double opt-in`` will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read mail policy for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or USENET/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Nan Resources LLC reserves the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with its established policies or to make any such modifications in an emergency at its sole discretion. Nan Resources LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is entirely at the discretion of Nan Resources LLC.

Payment Information

You agree to supply appropriate payment for the services received from Nan Resources LLC, in advance of the time period during which such services are provided. You agree that until and unless you notify Nan Resources LLC of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Our billing system will not apply any credit on your account to any invoice which is due as at the time the credit was made available. At this time it is the responsibility of the account holder to login to our client area and apply any credit on the account to any due invoice or for a new order. Unless explicitly requested we will not apply credits to any due invoices on your account. We will not refund a credit which has been applied to one of your services/domains if the credit has been applied for more than 24hrs unless the credit applied was not enough to fund the account/service to continue to function normally without automatic suspension for lack of payment. Please contact sup[email protected] if you need further clarification on this.

As a client of Nan Resources LLC, it is your responsibility to ensure that all payments by check are made to our bank account. Nan Resources LLC will not be able to pick up any check payment from a client's facility. We will only credit your account if the check payment clears in our bank account. We will not be able to register a domain name payment paid by Check until the Check clears in our bank account.

In order to easily identify your payment and credit your account without having to wait for a scanned copy of the payment receipt, please indicate on your payment your primary domain you have with us. With this, we will be able to credit your account faster. If you don't, you will need to send us a scanned copy of the payment receipt.

Cancellations must be done in writing via the Client area. Once we receive your cancellation request and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Nan Resources LLC, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time.

We offer 48hrs grace period from the time an invoice is due and when it must be paid in full for dedicated server services.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact [email protected] Nan Resources LLC reserves the right to change the monthly payment amount and any other charges at any time.

Backups and Data Loss

Your use of the service is at your sole risk. Nan Resources LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nan Resources LLC servers.

Cancellations and Refunds

Nan Resources LLC reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form. Nan Resources LLC gives you an unconditional 45-day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as a credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the initial 45 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(``http://yourdomain.com/include.php``) use include(``include.php``)

INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose ``Mail``, then ``Default Address``, ``Set Default Address``, and then type in: :fail: No such user here

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money back Guarantee

On dedicated servers and colocation no full refund will be honored -- the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Nan Resources LLC's managed shared and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Nan Resources LLC dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Nan Resources LLC does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Nan Resources LLC will hold any reseller responsible for any of their clients' actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semi-dedicated Servers

Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

Dedicated Servers

Nan Resources LLC reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Nan Resources LLC reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our website and the right to increase the amount of resources given to plans at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Nan Resources LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Nan Resources LLC, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nan Resources LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nan Resources LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Nan Resources LLC's server.

Arbitration

By using any Nan Resources LLC services, you agree to submit to binding arbitration. If any disputes or claims arise against Nan Resources LLC or its subsidiaries, such disputes will be handled by an arbitrator of Nan Resources LLC's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclosure to law enforcement

Nan Resources LLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

Transfers

Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases, we may be unable to assist you in a transfer of data from an old host.

Billing

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments

All accounts are billed according to the dates they were first activated on. If you do not pay for service renewal 10 days after your invoice is due, your account will be suspended. If you do not pay for service renewal in 30 days after suspension, your account will be terminated and your website files will be purged off our servers

Acceptable Use Policy

All services provided by Nan Resources LLC 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. 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 statutes. The subscriber agrees to indemnify and hold harmless Nan Resources LLC and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced.

Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Nan Resources LLC servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Certain types of content are not allowed on our network. We do not host adult content of any description. Contents relating to Hacking, Cracking, Warez, and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Limitation of Liability

Nan Resources LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Nan Resources LLC servers going off-line or being unavailable for any reason whatsoever. Furthermore, Nan Resources LLC 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 Nan Resources LLC servers. All damages shall be limited to the immediate termination of service.

Changes to the TOS

Nan Resources LLC reserves the right to revise its policies at any time without notice.

Disclaimer

Nan Resources LLC cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Nan Resources LLC are resold. Thus, certain equipment, routing, software, and programming used by Nan Resources LLC are not directly owned or written by Nan Resources LLC. Moreover, Nan Resources LLC 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 advance notice for any reason without restitution as Nan Resources LLC sees fit. Furthermore, Nan Resources LLC retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.