End User Terms, Conditions & Acceptable Use Policies

These are the End User Terms, Conditions & Acceptable Use Policies for use of the Services provided by Neoverve. By accessing Services from Neoverve, you (Customer) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

  1. Lawful Use - You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our Services. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Neoverve. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate Services.
  2. Data & Backup - While we do back up our system files and database files for our own recovery purposes, we do not back up websites or files uploaded by our Customers unless data backup is purchased for the account. This means that if you upload web pages or other personal files to our system or perform customizations to your website, you must keep a backup on your own machine. Log files and historical website data files may be purged without notice to ensure optimal server performance. Customers are responsible for archiving any and all historical data and log files themselves. Neoverve shall not be held liable for any loss of or damage to Customer files, logs or data of any kind for any reason whatsoever. Customer agrees that Neoverve has the right to delete all data, files, or other information that is stored on Neoverve's servers and computers upon termination of Services, or cancellation of accounts due to non-payment or violations of our Terms and Conditions or other policies.
  3. Unsolicited Advertising - Unsolicited advertising (spam) via E-mail or newsgroups is prohibited and shall result in immediate account termination. "Spamming", including (but not limited to) mass-E-mailing, cross-posting, or otherwise causing abuse to others on the net is prohibited and will be grounds for immediate account termination. Any actions resulting in spam complaints from end users, other Internet providers, watchdog groups, etc., or construed to be negligent, malicious, or a denial-of-service attack is strictly prohibited.
  4. Billing Policy Summary - Approximately 10 days prior to the end of the billing term, Neoverve will e-mail an invoice to the e-mail billing address in the Customer's company profile. Customers are responsible for maintaining a regularly checked and current billing e-mail address. Recurring Services payments are due on the first day of each calendar month. Acceptable payment methods include: cash, check, money order or credit card. Customers on automatic credit card billing, or who change credit cards, are required to maintain up to date billing information. Past due accounts may be denied Services until the account is brought current. Past due accounts may be suspended prior to termination at Neoverve's sole discretion. Delinquent accounts may result in termination of Services and nullification of this agreement. There will be a $25 fee for all returned checks or E-check payments. Delinquent Customers may be referred to a third party collections agency at the discretion of Neoverve. NO REFUNDS. View our Complete Billing Policy
  5. Network Security and passwords - Customer is expected to maintain strong cryptic passwords keep all passwords secret. Passwords allow access to your private email messages, website and billing information. If Neoverve believes a Customer's password has been compromised, we reserve the right to change the Customer's password without notice. Multiple incorrect login attempts in succession may alert our intrusion detection systems and trigger automatic blacklisting of the offending IP address.

    General Password Construction Guidelines:
    Passwords are used for various purposes at Neoverve. Some of the more common uses include: Customer billing accounts, merchant accounts, user level accounts, website accounts, email accounts, etc. 
     
    • Poor, weak passwords have the following characteristics:
    • The password contains less than eight characters
    • The password is a word found in a dictionary (English or foreign)
    • The password is a common usage word such as: Names of family, pets, friends, co-workers, fantasy characters, etc.
    • Computer terms and names, commands, sites, companies, hardware, software.
    • The words "", "sanjose", "sanfran" or any derivation.
    • Birthdays and other personal information such as addresses and phone numbers.
    • Word or number patterns like aaabbb, qwerty, zyxwvuts, 123321, etc.
    • Any of the above spelled backwards.
    • Any of the above preceded or followed by a digit (e.g., secret1, 1secret)
    • Strong passwords have the following characteristics:
    • Contain both upper and lower case characters (e.g., a-z, A-Z)
    • Have digits and punctuation characters as well as letters (e.g., 0-9,!@#$%^&*()_+|~- =`{}[]:";'<>?,./)
    • Are at least eight alphanumeric characters long.
    • Are not a word in any language, slang, dialect, jargon, etc.
    • Are not based on personal information, names of family, pets, etc.
    • Passwords should never be written down or stored on-line.

    Try to create passwords that can be easily remembered. One way to do this is create a password based on a song title, affirmation, or other phrase. For example, the phrase might be: "This May Be One Way To Remember" and the password could be: "TmB1w2R!" or "Tmb1W>r~" or some other variation. NOTE: Do not use either of these examples as passwords!
  6. Bandwidth Usage – Neoverve reserves the right to limit bandwidth usage. Websites containing adult content, streaming media, data downloads or portal sites are excluded form unlimited www traffic allowances. Internet bots and crawlers may consume large amounts of Customer's bandwidth. Customers will be charged for any bandwidth overages including overages caused by Internet bots and crawlers. Customers are encouraged to self monitor their bandwidth consumption.
  7. Network/Server Performance - Some Neoverve accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in temporary suspension or termination of accounts if not rectified. Shared hosting accounts are prohibited from excessive consumption of resources including CPU and memory utilization, database connections and disk space. You may not use resource-intensive application or programs which negatively impact other customers or the performances of Neoverve's systems or networks. Neoverve reserves the right to terminate or limit such activities.
  8. Domain Names - Customer is responsible for registering and renewing Domain Names. Domain names can be registered or renewed using Neoverve domain registration and management Services or online with an authorized 3rd party registrar.
  9. IP Addresses - Customers may be assigned IP addresses by Neoverve, and must return to Neoverve the rights to IP addresses when service is discontinued.
  10. Refusal of Service - We reserve the right to terminate or refuse Services to anyone. We reserve the right to refuse service to users under 18. Misrepresentation of age is grounds for termination.
  11. Indemnification - You are responsible for all actions you take or cause to be taken in your use of the Services. As a condition of Services, you agree to indemnify and hold harmless our officers, employees, agents, and shareholders for any cause of action originating from use of the Services.
  12. Assignment or Transfer - Customer shall not assign or transfer the rights or obligations associated with this assignment, in whole or in part, without the written consent of Neoverve.
  13. Cancellation - Customer may cancel Services and this Agreement at any time with written notice. Written cancellation requests may be in the form of postal mail, fax or by emailing billing@neoverve.com from the billing email address on record. Cancellation of any accounts by phone will not be accepted. Neoverve reserves the right to terminate or refuse Services to anyone at our sole discretion without notice. Falsification of Customer's contact information is grounds for immediate termination. No refunds will be offered for partial months. No refunds will be offered for Customers terminated for violations of the Terms and Conditions of Service or Billing Policies.
  14. Price Adjustments - Customer will have 30 days from notification of price increases to cancel affected Services without penalty. Prices may be reduced or new Services and options may be put into effect without advance notice.
  15. Limitations of Warranty and Assumption of Risk - Customer uses Neoverve Services at Customer's own risk. Neoverve makes no warranty, expressed or implied. Neoverve shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide Services or from any termination of Services. The Services are provided 'as is'. Neoverve disclaims all warranties, expressed or implied including any warranties of merchantability or fitness for a particular purpose. We are not responsible for hardware or software damage, loss of data, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use the Services. Any liabilities are strictly limited to the amount of the fee paid for Services rendered. Neoverve shall not be liable for claims of damages made by any third party for any cause whatsoever.
  16. Hold Harmless - Customer will indemnify and hold Neoverve harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Customer's business, equipment, network, operations, or reputation resulting from Neoverve's actions or the actions of our partners, contractors or resellers. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
  17. Arbitration - If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, in San Diego County, pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any abatable dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to award costs and reasonable attorney fees to the prevailing party.
  18. Revisions - Neoverve reserves the right to revise, amend, or modify this Policy, our End UserTerms, Conditions & Acceptable Use Policies and our other Policies and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be date stamped here.

If you have any questions about this End UserTerms, Conditions & Acceptable Use Policies, or the practices described herein, you may contact Neoverve by calling 800-500-6580.

Rev. 11/21/2016