Terms of Service

1. noshells reserves the right to review any and all files that reside on our servers at any time without prior notice to the Customer and to remove any files that violate these policies.
2. Any account found to be using or attempting to use our services to conduct any type of illegal or abusive activity such as, but not limited to: Denial of Service attacks, storage and/or transmission of copyrighted materials including “warez”, MP3s, AVIs, software, graphical images and intellectual properties, or transmission of malicious code such as viruses, worm and trojans will be immediately terminated for abuse without prior notice or refund and may be subject to legal action.
3. War Bots and scripts, flood scripts/bots, hacking tools (such as but not limited to) rootkits, sniffers, scanners or exploit programs, http/ftp/socks proxies, mail bombs, channel spamming and other similar type of abusive or harassing activities as well as adult oriented content are not allowed on or from our servers. Any account found to be using our services to engage in such activities or having scripts in their files to conduct such activities are subject to immediate termination without notice or refund and may be subject to criminal charges.
4. Attempting to bypass security measures or to gain access to an account or process that Customer is not authorized to use is ground for immediate termination without refund. There is no time limit on this! Whether the attempt was made an hour or months previous to our finding evidence of it, Customer’s account will be immediately terminated without prior notice or refund and result in legal action. “Hacking” is a federal crime. noshells does not hesitate to contact and co-operates fully with all legitimate local, state, federal and international law enforcement agencies.
5. It is the Customer’s responsibility to secure their own processes. noshells is not responsible for the security of any Customer process and Customer releases noshells from any and all liability for any damages whether they be real, implied, direct or indirect that may result from Customer’s process being corrupted or accessed due to security issues that are not directly the result of a breach in network security and the overall security of our servers.
6. Customer agrees to keep their password secure. If Customer gives anyone else access to their account, Customer will remain legally and financially liable for any and all actions and/or damages incurred through the use of that account-including but not limited to: account termination, legal action, fees, fines and restitution. Customer retains responsibility for any and all actions involving Customer’s account whether the Customer or someone else was directly responsible for those actions. If someone else accesses Customer’s account or processes, with or without Customer’s permission, and takes any action that violates these policies, the account will subject to actions as set forth in this document up to and including account termination without refund and possible legal action. Customer notes there is only 1 connection per process, each BNC = a process.
7. noshells reserves the right to take any action deemed necessary to preserve the integrity of our network and servers and to protect our Customers from abuse. This includes but is not limited to: instituting temporary blocks on IP address who are receiving Denial of Service attacks, restricting access to certain internet protocols such as ICMP (ping) and UDP traffic and restricting access to certain services such as crontab on an individual basis. noshells will determine what is and is not necessary.
8. All shell accounts must stay within their set quotas. Terminator scripts will automatically kill processes that exceed the max number of processes for any given account type or which exceeds allowed CPU/Memory usage limits. noshells reserves the right to terminate any process that exceeds 5% CPU or 3%memory usage. Processes may be terminated manually or through the use of a “puppydog” or terminator script.
9. Any Customer found to be running or to have files in their account to run a non allowed type of process (such as but not limited to Clone bots, Drone bots, EMech bots, XDCC bots, DDoS bots/tools, any application containing DoS/flood/spam abilities, any application that is multi-headed (can load multiple connections per process), game, http/ftp/socks proxies, any non irc-related proxy, Shoutcast servers or any application which can be interpretted as malicious or used maliciously) may be immediately terminated without refund on a case by case basis. Likewise any customer found to be allowing or having xdcc botnets or ddos botnets to connect to thier IRCd or any other processes will immediately have thier accounts terminated without refund.
10. At no time may Customer use our services to inhibit, restrict, restrain, impair or otherwise negatively impact the services of any other person, company or entity.
11. Email- Spam, unsolicited mass mailing and transmission of malicious code is strictly prohibited from our servers. Please see our Email Policy for more complete information. All details contained in the Email Policy will be treated as if they appeared within the body of this document.
12. Web pages associated with shell accounts are not to be used for commercial purposes.
13. Network connections will be restricted to no more than 1 concurrent connection per process and must not exceed process CPU/ Memory restrictions.
14. Only Shell Account holders may run any type of IRC related processes from our servers.
15. Reselling services or space on our shell servers is strictly prohibited and will result in immediate termination of Customer’s account without notice or refund.
16. Abusive language or behavior towards the corporate or volunteer staff, whether it be via regular mail, email, in the administrative IRC channel, over the phone or by instant message or any other means will not be tolerated and may result in the Customer’s account being terminated for abuse without refund.

Termination of Service

1. Customer must request termination of service at least 7 days prior to the expiration of their current billing cycle by sending an email to billing@noshells.net . This email must include the following information: name of the account holder, username, security word and whether they wish to terminate service immediately or at the end of the current billing cycle. Failure to include this information may result in your request not being processed. Once your request has been received and processed, Customer will be sent a cancellation confirmation notice via email to the address currently on file.
2. noshells reserves the right to immediately terminate any account, with or without prior notification, that is found to be in violation of these policies. noshells retains the right to refuse to renew any given account for any reason or no reason stated.
3. In the event of insolvency by either party, this agreement will be considered ended as of date of notification of the other such insolvency.

Refunds
Only those paying on a 6 or 12 month basis are eligible for refunds. Please see our Billing Policy for more complete details. All details contained in the Billing Policy will be treated as if they appeared within the body of this document.

Abuse
Violation of this Acceptable Use Policy will result in the immediate termination of Customer’s account with or without prior notice and without eligibility for refund of any moneys paid and may result in legal action against the Customer.
Abuse can be reported to abuse@noshells.net, Please make sure to include documentation supporting abuse claims.

Representations and Warranties

1. noshells is responsible for normal server support, maintenance and security. Basic Technical Support is available to assist Customers and is provided by employees and by a Volunteer Technical Support Team. Unless included in the cost of a package or purchased separately, we are not responsible for coding, configuring, administering or maintaining any bot, process, website or account. Volunteer tech support is available on an “as time allows” basis.
2. noshells does not provide backup services in order to help minimize operating costs and keep our prices low. Its is the Customer’s responsibility make and keep frequent backups of their files.

Limitations and Liabilities

1. noshells is in no way responsible for any content that may be accessed via the Internet through our services or through any other means. Nor is noshells responsible for any damage that may result to the users individual equipment or person from accessing such content, whether indirectly, directly, real, stated or implied.
2. noshells is in no way responsible for any content posted by any of its Customers whether via website, BBS, Newsgroup or other type of posting. noshells hereby disclaims responsibility for the actions of any individual IRC user. Further, Customer agrees to totally indemnify noshells from any liability, whether civil or criminal that may occur due to individual actions within any given IRC channel, bot or process or as the result of posting to forums, on websites or any other type of electronic media and to take sole responsibility for any and all actions taken by, with or through the use of our services.
3. IRC Users: It is the responsibility of each individual Customer to know and abide by the rules of any network they use, connect to or otherwise have dealings with. Failure to follow the rules of any given network may result in our noshells receiving restricted access or being denied access to their networks and will result in Customer’s account being terminated without notice or refund.
4. Any Customer who has an account terminated by noshells for policy violations or abuse will be prohibited from opening a new account at any time in the future. Any Customer who has an account terminated for nonpayment of fees due may or may not be allowed to re-open a new account at noshells’s discretion based on prior payment history and individual circumstances.

Miscellaneous

1. All Account holders must be at least 18 years of age. Minors must have a parent or guardian open an account and authorize the use of that account by the minor. Adult account holder will be held legally and financially liable for any and all actions taken by, with or through use of said account.
2. Customer agrees that noshells may use any comments for advertising purposes for an indefinite time and without expectation of payment or any type of remuneration for the use of said comments and further releases noshells for any liability involved in the use of such comments. Hard Copy of all comments used for this purpose are kept on file in our offices.
3. Any reference to gender in these policies shall include all genders, and words implying the singular number only shall include the plural and vice versa.
4. All monetary references in these policies are expressed in US currency.
5. There are no representations, warranties, conditions or other agreements, express, implied, statutory or otherwise, between the Parties in connection with the subject matter of Agreement except as set forth by the Billing, Email and Acceptable Use Policy Agreements.
6. No waiver of any provision of these Agreements or Policies shall be deemed to constitute a waiver of any other provision (whether similar or not).
7. The Parties shall attempt to resolve any disputes in accordance with Better Business Bureau standards prior to litigation.
8. Neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, but each Party shall be liable for any damage arising from any breach by it of this Agreement.
9. Neither Party shall be responsible for damages or any failure to perform any obligation or to provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facility shortages, outages or failures beyond the Party’s reasonable control.
10. Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and documents and shall take other such actions as the other Party may reasonably request, for the purpose of carrying out or evidencing any of the transactions contemplated by this Agreement.
11. During the period of this Agreement, Customer agrees that noshells may: 1) revise the terms and conditions of this Agreement; and 2) change the services and prices of the services provided under this Agreement. Any such change or revision will be binding and effective immediately on the posting of the revised Agreement and/or posting of the changes on noshells’s website, or upon notification to Customer via regular mail or email. Customer further agrees to periodically review this website to acquaint themselves with any changes or revisions to these policies. If Customer does not agree to any change in policy or Agreement, Customer may terminate their service in accordance with the guidelines set forth in this document. Client agrees that by continuing to use the services provided by noshells following notice of any revision to this Agreement or change in service, Customer agrees to abide by any such revisions or changes.
12. If any legal action or other legal proceeding (including arbitration) relating the performance under this agreement or the enforcement of any provision containing herein is brought against any Party hereto, the prevailing Party shall be entitled to recover reasonable attorney’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
13. Customer shall not assign, sublicense or transfer its rights and obligations under this Agreement to any third party. Customer retains legal and financial responsibility for their account.
14. No failure on the part of any Party to exercise any power, right or privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement shall constitute a waiver of such power, right or privilege or remedy; and no single or partial exercise or waiver of any such power, right or privilege or remedy shall preclude any other or further exercise thereof or of any other power, right or privilege or remedy. No party shall be deemed to have waived any any claim arising out of this Agreement, or any power, right or privilege or remedy under this Agreement, unless the waiver of such claim, power, right or privilege or remedy is expressly set forth in a written instrument having been duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
15. In no event will noshells be liable to Customer for any special, indirect, incidental, punitive, exemplary or consequential damages, or any damages resulting from loss of profits arising out of or in connection with this Agreement, even if noshells has been advised of the possibility of such damages.
16. Customer understands and agrees that all services provided by noshells are provided on as “AS IS” basis, without warranties of any kind, including but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the materials and/or services provided you by noshells is borne solely by the Customer. Should the services provided by noshells prove defective or cause any inconvenience or damage to Customer’s computer or other property, Customer and not noshells assume the entire cost of any and all damages which may arise from any and all such defects. NO REFUNDS WILL BE ISSUED FOR DOWNTIME. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not pertain to Customers in those states. Customer may or may not have other rights that vary on a state-by-state basis.
    Q. Sales / promotional offerings, From time to time we may run sales, and or promotional offerings to try to bring in new business. With these sales and offerings existing customers can not take advantiage of the new prices. Any time we run a sale it isto bring in new customers and only for that purpose. It is not to go into debt for existing customers, but to insure the continuity of services for existing customers.
17. Processes (BG), Customers are hereforth notified that one connection to IRC is equal to one processes (BG). Sharing access to a BNC, (bouncer) “secure/ password protected IRC proxy” will be grounds for account upgrade to the pakage with the amount of connections (BG) = Processes the customer is using in sharing the BNC (bouncer) “secure/ password protected IRC proxy”. BG is defined as both background and foreground processes.
18. This Agreement, which includes or references all applicable appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supercedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, whether written or oral, with respect to the subject matter expressly set forth herein. If any provision of this Agreement is shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties. The Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible. This Agreement shall be governed by and construed under the laws of the state of Indiana and the United States as applied to agreements between Indiana state residents entered into and to be performed within the state of Indiana, except as gGoverned by Federal law.

By submitting a request for service form, paying for, accessing and/ or using services of noshells , you accept and agree to be bound by all the stated and/or implied terms contained herein.

E-mail: admin@noshells.net

4 Day Refund Policy
We currently offer all customers a 4 day refund on all monthly hosting plans.
If, within the 4 days following initial activation of the hosting account, the customer submits a cancellation request through the Support Area or by email to billing@noshells.net, a full refund will be issued minus the cost of any exempt add-ons and subject to the following terms and conditions.

Terms and Conditions
Fees for certain account add-ons and services, once paid, are non-refundable. These include:

• Domain registration or renewal fees
• VPS
• Software/Script Installation Services

Once registered or ordered, domain names  become the property of the customer, and remain so in the event of cancellation, hence they are non-refundable.
If the account included a free domain name registration or renewal, the appropriate registration or renewal fee will be deducted from any refund given. The domain name will remain the property of the customer.

Exclusions
The 4 day money back guarantee shall not be applied if:

• The account is terminated by us for violation of our Terms of Service and/or Acceptable Use Policy
• The account holder has previously cancelled an account with us and received a refund, whether under this guarantee or   otherwise.
• The plan or package purchased is an Annual plan i.e payment paid for 12 months period.

If you have any other general questions, please read the FAQ’s or our Live Help will gladly assist you to answer them for you.

E-mail: billing@noshells.net

Overview
noshells.net is the sole owner of the information collected on this site .  We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. noshells.net collects information from our users at several different points on our website.

Order
We request information from the user on our order form. Here a user must provide contact information (like name, address, and phone number) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user.

Cookies
A cookie is a piece of data stored on the user’ss hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site.
The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to participate in any of our Sweepstakes, Contests or monthly Drawings that take place. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information

Data Retention
We keep all billing information indefinitely. We keep 14 day backups of all server data. User accounts and data are saved for at least 6 months, but may not necesarily be deleted at the end of this term. If you wish to have your files deleted at the time of Termination of Service (or at any time), please contact us and let us inform of us of this.

Security
This website takes every precaution to protect our users information. When users submit sensitive information via the website, your information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number that information is encrypted and is protected with the best encryption software in the industry – SSL. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line.
All of our users information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices.
Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment. If you have any questions about the security at our website, you can send an email to admin@noshells.net

Links
This web site contains links to other sites. Please be aware that we Xzibition Data Communications are not responsible for the privacy practices
of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Special Offers
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.

Site and Service Updates
We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

Correcting/Updating Personal Information
If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can be done by emailing our Customer Support.

Notification of Changes
If we decide to change our privacy policy, we will post those changes on this site so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email.
Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

E-mail: admin@noshells.net