TERMS OF SERVICE

NICWays terms of service apply to all content, domains, and customers.

Ordering

Please review the following Terms of Service agreement before proceeding with your order. These policies have been put in place to safeguard the best interests of all our customers. At NICWays, we operate as a neutral provider of global internet access. However, we reserve the right to suspend or terminate a customer’s access to any or all of our services if it is determined that their account has been misused.

All shared hosting services are intended for the end-user only and may not be subleased, sold, or given to third parties. We are committed to providing our clients with products and services of the highest professional quality, conforming to generally accepted industry standards, and complying with all applicable laws and regulations. To let you know, except as explicitly stated in this agreement, NICWays disclaims all other warranties, both express and implied, including any warranties of merchantability or fitness for a particular purpose.

As our client, you are responsible for frequently backing up your files on our system. Just so you know, NICWays cannot be held accountable for deleting users’ files, whether intentionally or unintentionally. We suggest that you take necessary precautions to protect your data, and we’re committed to providing you with the highest level of service possible.

Authorization of Charges

NICWays will issue invoices for services rendered, and payment is due within seven (7) days. To facilitate payment, clients may authorize NICWays to charge their credit card if the details are stored within our billing system. Alternatively, payment may be made via PayPal or check/money orders if clients prefer to keep their credit card details private.

So that you know, NICWays may discontinue services if clients don’t pay initial fees or any subsequent re-occurring fees. We reserve the right to refuse, suspend, or cancel service until we receive a valid payment.

We want to encourage our clients to fulfill their financial obligations promptly to avoid disrupting our services. Please contact us with any concerns or questions about the payment process.

Content Restrictions

NICWays provides services for lawful purposes only. It is strictly prohibited to transmit, store, or present any information, data, or material that violates any federal, state, or local laws of the United States. This includes but is not limited to, copyrighted or trademarked material and material protected by trade secrets.

NICWays does not permit storing pirated software, hacker programs, cracks, or MP3 files on our servers. In addition, the use of IRC and camfrog servers is strictly prohibited.

We reserve the right to turn off any material on the client’s web space that is deemed unacceptable. If you find such material, we can suspend the client’s account at our discretion, if you don’t mind.

NICWays is the sole authority in determining what constitutes a violation of the above provisions. We reserve the right to suspend any client who violates section 3 of our Terms of Service.

We take these provisions very seriously, as they are designed to protect the interests of all our clients. Please let us know your questions or concerns about our policies.

Shared Hosting Application Restrictions

NICWays has certain restrictions and policies for using its VPS and shared web hosting services. VPS servers are strictly prohibited from running CPU mining programs. While the client can install CGI/PHP applications on shared web hosting, NICWays retains the right to turn off any application that may unreasonably affect or interfere with normal server operations. However, such instances are doubtful. Specific scripts and sites are not permitted on shared hosting, including but not limited to *Tube/YouTube clone sites, adult content, file archives, email archives, mirror sites, and image and file upload sites. Additionally, every shared hosting account may use up to 20% of the server resources at any given time, and a single account is limited to 300,000 inodes. Clients are advised to permanently delete junk mail to stay within the storage limit. NICWays reserves the right to impose storage fees of $.25 per GB for accounts that utilize unreasonable resources on a shared hosting package.

Spam Policy

Our website, https://www.nicways.com, approves the following Anti-Spam Policy, effective from November 29, 2021

INTRODUCTION

This Spam Policy relates to all websites owned or operated by The Constant Company, LLC (from now on, “NicWays.com “). NicWays.com subscribes to a severe “No Spam” Policy, as unveiled and explained by this Policy. NicWays.com will not profit from, nor allow anyone else to benefit from, Spam of any kind. NicWays.com will terminate any relationships with any entity producing illegal Spam, and NicWays.com will cooperate with law enforcement to ensure that illegal spammers are prosecuted to the fullest extent of the law.

  • Who should read and follow this Policy:
    • If you have any relationship with NicWays.com, you must, as a condition of a continued relationship with NicWays.com, read and familiarize yourself with this Policy and follow it in its entirety.
  • The Parties addressed in this Policy are:
    • The Constant Company, LLC d/b/a https://www.nicways.com, also called “NicWays” OR NicWays.com or “We, Us, or Our.”
    • All Affiliates or members of the Website.
    • Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) (“Affiliate” or “you/your”) of NicWays.com. The existence of one of the relationships above to us neither creates nor implies the existence of another.

ZERO TOLERANCE FOR UNWANTED E-MAIL

We consider any distribution of unsolicited commercial email (i.e., “spam”) to be STRICTLY PROHIBITED.

Although federal law allows the dissemination of unsolicited bulk emails under certain tightly regulated conditions, we have elected to impose a stricter total spam ban policy for all affiliates and promoters of this website. Members are prohibited from engaging in bulk email promotions to disseminate their profiles or any other information about NicWays.com, regardless of how the recipient’s email addresses are acquired, generated, or obtained. This also means that the use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.

Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.

We are committed to restricting the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than the law requires. In all its forms, spam is infuriating, troublesome, and inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been considered by the law, including:

  • SPIM or instant messenger Spam;
  • Spamming of internet newsgroups;
  • Spamming on Craigslist or other classified services, except in areas designated for such use;
  • use of any personal service to Spam other members;
  • any other method of Spamming.

In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you post an ad somewhere with our company information, that ad must be “on topic” and correctly listed.

INDEMNIFICATION

All affiliates, agents, employees, or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any claims, charges, counts, debts, suits, or other allegations arising from breaches of the Act, or other applicable laws regulating the transmission of commercial email. NicWays.com will give you immediate notice of any such claims. However, the Site shall select its attorneys to defend such claims at the sole and exclusive expense of the affiliate, agent, employee, or promoter responsible for the alleged violation.

ADDITIONAL INFORMATION

NicWays.com may suspend any Shared-Hosting, VPS, or Server it believes is transmitting or is otherwise connected with any spam or other unsolicited bulk email pending investigation/resolution in cooperation with the account holder.

Any questions or comments regarding this Anti-Spam Policy should be directed to [email protected].

Server Abuse

At NICWays, we take our servers’ and clients’ security and well-being seriously. Therefore, any attempt to undermine or cause harm to a NICWays server or another NICWays client is strictly prohibited. Similarly, any attempt to undermine a NICWays website or a website of another NICWays client is also prohibited and may result in immediate termination of services without a refund. NICWays is the final authority to determine what actions are deemed as violations of these provisions. Intentional server abuse may result in a two-hundred (250) USD fine.

Indemnification

The Client agrees to defend, indemnify, and hold harmless NICWays, its employees, officers, agents, and directors from any claims, liabilities, losses, costs, and expenses, including attorney’s fees, arising from any service or product provided by the Client or its representatives.

The Client agrees to indemnify NICWays against any liabilities, including but not limited to those arising from (1) harm caused by products or services distributed from NICWays servers, (2) materials supplied by the Client that infringe upon the proprietary rights of a third party, (3) copyright infringement, and (4) any defective products sold to the Client’s customers. NICWays is not liable for any failure of the Client to comply with this Agreement, nor for any damages resulting from the Client’s or their representatives’ acts or omissions, including claims by third parties related to the Client’s products, promotions, or intellectual property.

The Client acknowledges that any attempt to undermine the websites of NICWays or another client is prohibited and may result in immediate termination of services without a refund. NICWays has the sole authority to determine whether any violation of this provision has occurred and may impose a fine of two hundred (200) USD for intentional server abuse.

Disclaimer

NICWays shall not be held liable for any damages you or your business incurred. NICWays provides no warranties, expressed or implied, for its services. NICWays disclaims any warranty, including merchantability or fitness for a particular purpose. NICWays is not responsible for disruptions or improper operation of its equipment or software resulting from any cause, including but not limited to vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions, or other events like “Acts of God” or force majeure. NICWays shall not be liable for consequential or punitive damages under any circumstances. The Client shall not be entitled to recover any damages from NICWays.

Term

This Agreement will remain in effect until either NICWays or the Client gives notice of cancellation or until terminated as provided in other sections of this Agreement. NICWays reserves the right to terminate this Agreement with cause upon notification to the Client. NICWays also reserves the right to terminate this Agreement without notice if the Client violates any part of this Agreement or if any program or facility NICWays uses to implement this Agreement is disrupted or terminated for any reason.

Refunds

NICWays offers refunds for Web Hosting Accounts (packages Standard, Windows, and WordPress) only. If the Client requests a refund within 30 days of sign-up, NICWays will provide a full refund of the amount paid. After 30 days, the Client may cancel the service but will forfeit any fees paid to NICWays. The cancellation will remove the Client from billing and prevent any future charges.

For Dedicated/Colocation and IP Transit accounts, refunds are available upon request before the service has started. However, once the service has begun, refunds are not offered for Dedicated servers, colocation space, VPS, licensing, or IP transit. In case of termination, the Client must provide a written notice with a 45-day notice period.

Presumption of Agreement

By requesting NICWays to provide services, whether by using NICWays online sign-up form or contacting any of NICWays employees, officers, agents, or directors, Client acknowledges and agrees to the terms and conditions of this Agreement. The client authorizes NICWays to take necessary actions, including charging a credit card, to set up the Client’s account.

NICWays reserves the right to modify or change any policy at any time and will notify the Client of any significant policy changes. The Client is responsible for reviewing and understanding this Agreement and any subsequent policy changes. By continuing to use NICWays services, Client acknowledges and agrees to any modifications or changes to this Agreement.

Default

If Client defaults in any provision or fails to perform under this Agreement, NICWays will be entitled to damages, costs, and attorney’s fees from the Client.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS

When you purchase any service from NICWays, it is set up for automatic renewal. This means that unless you take action to cancel, the service will renew upon expiration for a period equal to the most recent service period (except for domain names, which may renew for the original service period). NICWays will charge the payment method associated with your account for the applicable service(s) upon renewal. However, you may cancel automatic renewal at any time, in which case your services will terminate upon expiration of the then-current term unless you manually renew your services before that date. Could you please renew your services manually before they expire? In that case, you may experience an interruption or loss of services, and NICWays will not be liable for any such interruption or loss.

You can cancel your services anytime by accessing our customer portal, selecting the active service you wish to cancel, clicking on the cancel service link, and emailing us at [email protected]. Services must be canceled at least three days before the automatic renewal period, or they will be canceled after the next renewal period.

If NICWays is unable to charge your payment method for the total amount owed, or if NICWays receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your payment method, NICWays reserves the right to pursue all available lawful remedies to obtain payment, including immediate cancellation of any domain names or services registered or renewed on your behalf, without notice to you. NICWays also has the right to charge you reasonable administrative fees for tasks performed outside the normal scope of its services, additional time and costs incurred in providing its services, or your noncompliance with this agreement (as determined by NICWays in its sole and absolute rules). These administrative fees will be billed to your payment method on file with NICWays.

NICWays may offer product-level pricing in various currencies. The transaction will be processed in the selected currency, and the pricing displayed during the checkout process will be the actual amount submitted for payment. For specific payment methods, the issuer may charge you a foreign transaction fee or other charges, which may be added to the final amount that appears on your bank statement or posted as a separate amount. Please check with the issuer of your payment method for details. Additionally, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and taxes based on your bank and the country indicated in your billing address section.

You can cancel domains, web hosting, VPS, and Rapid Deploy services online by logging into the Customer Portal.

Invalid or Non-enforceable Provisions

As determined by a court of competent jurisdiction, the invalidity or non-enforceability of any provision of this Agreement will not affect the other provisions. In any such occasion, this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

Choice of Law / Venue

This Agreement will be construed and enforced by the laws of the State of NJ, and the venue for any action, dispute, or proceeding concerning this Agreement will be NJ.

ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTES OR CLAIMS THAT ARISE IN CONNECTION WITH OUR RELATIONSHIP WITH YOU WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN THROUGH COUR ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY, AND ANY AWARD RESULTING FROM ARBITRATION IS SUBJECT TO LIMITED COURT REVIEW.

The American Arbitration Association (AAA) will oversee the arbitration process, following its current Commercial Arbitration Rules or, if applicable, Consumer Arbitration Rules. The AAA’s rules can be found at http://www.adr.org/. The arbitrator will have the authority to decide on their jurisdiction, including any challenges to the validity, scope, or existence of the arbitration agreement or the arbitrability of any claims. The AAA’s rules will govern all fees, including filing, administrative, and arbitrator fees. A single, neutral arbitrator will conduct the arbitration proceedings in English. If an in-person hearing is required, it will be held in New Jersey or a different location that is reasonably convenient for both parties, considering travel and other pertinent factors, as determined by the arbitrator. The arbitrator’s decision on all matters related to the claim will be final and binding, and the arbitral award may be enforced in any court with competent jurisdiction.

WE BOTH AGREE THAT ANY DISPUTES OR CLAIMS RELATED TO OUR RELATIONSHIP WITH YOU SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT THROUGH CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR ANY SIMILAR PROCESS. WE EXPLICITLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. SUPPOSE THE PREVIOUS SENTENCE IS DEEMED INVALID OR UNENFORCEABLE IN A CASE WHERE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLAIMS HAVE BEEN MADE. IN THAT CASE, THE REQUIREMENT FOR BINDING ARBITRATION IN THIS SECTION SHALL ALSO BE UNENFORCEABLE AND VOID. IF A CLAIM PROCEEDS IN COURT INSTEAD OF ARBITRATION, WE BOTH RENOUNCE ANY RIGHT TO A TRIAL BY JURY AND AGREE TO BRING SUCH A CLAIM ONLY IN A COURT OF COMPETENT JURISDICTION LOCATED IN NEW JERSEY. I’D LIKE YOU TO KNOW YOU, AT THIS MOMENT, AGREE TO THE JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTIONS REGARDING VENUE, FORUM NON CONVENIENS,

Notwithstanding anything contrary, we may each seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute under the arbitration procedures outlined in this Section.

You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to us at the email address [email protected] within thirty (30) days of your initial consent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. If you want to opt-out consistent with the procedure above, all other terms will continue to apply, including the waiver of class action rights.

If we implement any material change to this Section, we won’t be able to apply it to any claim you gave us written notice of before we implement it.

Domain Agreement

NICWays may provide top-level domains at discounted prices by purchasing a new web hosting package. The promotional pricing is subject to change upon the annual renewal of the purchased domain. Should the customer switch hosting providers, the client agrees to pay the yearly fee listed on the NICWays website for domain name registration. To let you know, domains automatically renew, so if you wish to renew your domain, we ask that you cancel it before its annual renewal.

Email / Mailing List Policy

Servers that are for mailing only are disallowed on the NICWays network. A mailing-only server is defined as any shared/VPS/dedicated/colocated server whose primary purpose is emailing over SMTP. NICWays network is monitored through multiple feedback loops and may terminate, without prior warning, a server with a high complaint ratio, including servers that may be CAN-SPAM compliant. Running a single opt-in, opt-out only, or any other non-double opt-in mailing list will result in server termination.

  • Mailing lists must be double opt-in lists.
  • Messages must have clear removal instructions and valid headers.
  • Removal requests must be completed within 24 hours.
  • Messages must include details on how the user subscribed. These details must be provided to NICWays on our request.
  • Excessive complaints may result in account termination.
  • NICWays reserves the right to charge a $150 fee for blocked IPs due to failing to adhere to NICWays policies.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at http://www.spamhaus.org will result in immediate account termination.

Abuse Complaints

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. NICWays reserves the right to remove files that do not adhere to our terms of service local, state, or federal laws.