General

Use of any Neonetix services and/or products for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Neonetix's machines or other machines on the Internet, forging header information or user identification information, and software piracy, is prohibited.

E-mail

Sending harassing, mass, or unsolicited e-mail is prohibited.  Forging header information in e-mail is prohibited.  Use of programs such as mflash or storage of such programs on Neonetix's servers is prohibited.

Neonetix takes a zero tolerance stance on unsolicited e-mail (spam).  Spam is prohibited and we enforce this strictly.  If spam is sent utilizing (including simply passing through) any Neonetix service, the sender will be charged $1.00 for each attempted recipient.   We will also charge the sender for clean-up costs and any damage caused by the spam.

Configure your E-mail client to check your Neonetix hosted E-mail less than once every 5 minutes.  Once (or less than) every 10 minutes is preferred.  Checking your mail more than once every 5 minutes is considered abusive, and you may be denied service, for some period of time, until we contact you to ensure your email client has been reconfigured.

Mailboxes (any any content therein) configured on Neonetix's shared email servers may be deleted if not accessed within 90 days.

No bulk mailings may be performed using Neonetix's outbound email servers -- this includes legitimate mailing lists, as well as legitimate one time mailings.  Failure to comply will result in your inability to send email.

If you have been given permission to use Neonetix's outbound email servers as a smart host, you may not allow anyone or anything to use your server as a SMTP Proxy/Smart/Relay Host.

Using any E-Mail address hosted on Neonetix's shared E-Mail servers as a testing target by robot(s) and/or other automated tools is strictly prohibited.

Any mailing list(s) that you may use to advertise (or otherwise include) any domain being hosted on Neonetix shared servers or Neonetix IP addresses must conform to very specific guidelines.  These minimum guidelines are:

1. Confirmed opt-in subscription
   a. all subscribers must request to be added to your list
   b. each subscriber must be sent an informative confirmation e-mail
   c. the subscriber must reply to the confirmation email
   d. once you receive the confirmation, you may add the user to the specific list
2. Web or E-Mail based user friendly un-subscription  system
3. Each email sent to any subscriber must clearly define the un-subscription instructions.
4. Each email sent to any subscriber must clearly define the recipient's email address in the body.
5. Honoring of all removal requests
6. Bounce messages must be analyzed and subscriber(s) found within must be removed from the list.
   

World Wide Web and FTP Space

Use of web pages or FTP Space for advertising purposes or taking credit card orders requires a Neonetix Business Account.  Reselling web space is prohibited, unless written authorization has been given by Neonetix.  Pages containing illegal pornography (such as child or bestiality) may not be stored on Neonetix's servers. Any other adult-oriented material must have warning suitable to minors prior to displaying any nudity.  Use of text or images created by others without their permission is copyright infringement and is prohibited.  

Creating or storing programs that allow an anonymous user to send email to arbitrary E-mail address(es) is strictly prohibited.  Programs such as "FormMail" must be specifically crafted to only allow a small, static set of recipient E-mail addresses.  These programs will constantly be reviewed by Neonetix staff, and if a security flaw is found, the program will be immediately disabled, and you will be contacted.  Neonetix highly recommends contacting our staff to ensure your programs' security before putting it into production.

Please be aware that updating to your shared site more than once every 2 minutes with an automated utility (such as a web-cam)  is strictly prohibited unless you have been given written permission by Neonetix.  Failure to comply may result in your loss in ability to update your website, for some period of time, until Neonetix is able to contact you and resolve your issue.

The Neonetix User Agreement

Neonetix agrees to provide and User agrees to receive access to the Neonetix service according to the following terms and conditions:

1. All provisions of Neonetix's Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.
2. The benefits or rights conferred by this agreement are nontransferable.  Use of Neonetix accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
3. User agrees to use the service in manner consistent with any and all applicable laws.  In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Neonetix reserves the right to cooperate with all or any law enforcement agencies.
4. User agrees to follow the Acceptable Use Policy of any network user connects to, including Neonetix's system.  Neonetix's Acceptable Use Policy may be found above.
5. Use of Neonetix for advertising or promotion of a commercial product or service without a Neonetix business account is prohibited. Reselling of web space on Neonetix servers is prohibited without proper written approval.
6. User is responsible for all use of User's account(s) and confidentially of password(s).  Neonetix will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised.  Neonetix is not liable for any usage and or charges prior to Neonetix making the necessary account alteration.
7. User agrees to pay Neonetix all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.
8. User is responsible for charges at the time the service is used and Neonetix may apply the amount due to User's credit card at any time.
9. Neonetix reserves the right to change prices on 30 days notice published online.
10. Neonetix reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
11. The Neonetix service is provided on an "as is, as available" basis.  No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Neonetix or any information or software therein.  This in no way includes any reimbursement for losses of income due to disruption of service by Neonetix or its providers.
12. Neither Neonetix nor its Information Providers are responsible for any damages arising from User's use of Neonetix or by User's inability to use Neonetix service.
13. Neonetix reserves to right to change without notice the Neonetix service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
14. Neonetix is not responsible for User's files residing on Neonetix servers.  User is responsible for independent backup of his/her data.
15. Neonetix reserves the right to delete User's files after one or both parties terminates agreement.
16. Neonetix reserves the right in its sole discretion to delete any information entered into Neonetix systems by User.  Neonetix and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
17. User hereby agrees that any material submitted for publication on Neonetix systems through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.  Software intended to facilitate any such violations or infringements may not be stored on Neonetix systems
18. Neonetix, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Neonetix that User may be performing activities harmful to Neonetix or its Users, employees, vendors, business relationships or any other users of the Internet.

       "Netiquette"

The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Neonetix and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

1. Sending unsolicited email which provoke complaints from any or all the recipients.
2. Sending solicited mass emails which provoke complaints from any or all the recipients.
3. Engaging in either (a) or (b) from a provider other than Neonetix and using an account on Neonetix as a mail drop for responses.
4. Engaging in either (a) or (b) from a provider other than Neonetix and using a foreign account as a mail drop for responses.
5. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Neonetix.
6. Impersonating another user or otherwise falsifying one's user name in email,
   Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
7. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Neonetix.
8. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the Commonwealth of Pennsylvania.
9. Neonetix may modify these terms and conditions upon notice published online via Neonetix. User's use of Neonetix services after such notice shall constitute User's acceptance of the modifications to this Agreement.
10. Non-enforcement of any section of this Agreement does not constitute consent and Neonetix reserves the right to enforce this Agreement at its sole discretion.
11. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and Neonetix's agreement on all other paragraphs shall remain valid.
12. Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership, which you may do at any time, unless bound by a specific term or agreement. Payments more than 15 days late may be assessed a 5% late payment charge.
13. When paying by check, User expressly authorizes Neonetix to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $55 returned check fee.
14. The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future Neonetix rule or regulation; or 2. We do not receive a monthly payment on or before its due date; or 3. Any material statement by the User in this contract is false.
15. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
16. In the event the User defaults on this contract, Neonetix may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price Neonetix is charging to new members. The User agrees to pay Neonetix's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.
17. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Neonetix.
18. Neonetix may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
19. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
20. Neonetix reserves the right to terminate or change priority of any process started by said user.
21. Neonetix reserves the right to collect damages (software, hardware & man hours) if any harm is done to Neonetix which requires repair or reconfiguration of any kind.
22. Neonetix may offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact Neonetix to cancel during the trial period and receive verification that cancellation has occurred. Neonetix may offer trial periods at a discounted rate at the end of which the account will automatically convert to the then applicable monthly rate unless explicitly canceled by the user prior to the end of the trial period. Failure to use the account(s) does not constitute cancellation.
23. Neonetix may offer credits to users who refer additional users who sign up for and keep Neonetix accounts through at least three billing cycles, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.

        Other Important Information

1. Neonetix is not responsible for any damage incurred by the account holder.

2. No service is guaranteed.  There are many factors which can affect hosting performance, such as Network congestion, non-company routers, natural disasters, or other "Acts of God".  The account holder agrees to indemnify Neonetix of any debt or liability resulted from a lack of service.

3. If your account is cancelled due to abuse, no refund will be issued.  You may be warned once or notified, at the sole discretion of our administrators.

4. No refund will be issued on cancellations requested by the account holder or Neonetix, unless this request is received within twenty-four (24) hours of original activation.

5. This agreement is subject to change by Neonetix at any time.  Changes are effective without notice upon each Subscriber.