Terms of Service

Network Vista's terms of service are designed to protect the quality of service for all customers.

I. General Terms

All services provided by Network Vista, Inc. are to be used for lawful purposes only. Any transmission, storage, or presentation of data, material or information in violation of any United States Local, State or Federal laws is strictly prohibited. This includes, but is not limited to: material protected by copyright, material that jeopardizes local, state, or national security, material that endangers other individuals, material judged by Network Vista, Inc. to be obscene or threatening, or material protected by trade secret or other laws. The subscriber agrees to hold harmless and indemnify Network Vista, Inc. from any claims resulting from the subscriber's use of Network Vista's services which results in damages the subscriber or any other party.

All pornography and sexually explicit materials and merchandising are prohibited on any Network Vista, Inc. server. This includes sites that imply sexual content, or link to sexual or adult content elsewhere. Sites that promote any illegal activity or contain any content that may be damaging to Network Vista servers or any other server on the Internet are prohibited. Links to such materials are also prohibited.

These Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and Network Vista, Inc. By opening an account, the subscriber agrees to all terms listed this Terms Of Service page. Anything not listed in the Terms of Service is open to interpretation and change by Network Vista, Inc. administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are non-refundable and non-negotiable. Network Vista's 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service will result in termination of the account. Network Vista, Inc. maintains the right to terminate accounts without prior notification. We reserve the right to remove any account that is unpaid without notice.

Network Vista, Inc. is the sole arbiter as to what constitutes a violation of this terms of service provision. Any content that does not meet these standards will be removed without prior notice to the subscriber.

II. Detailed Description of Prohibited Web Content

Placing any of the following files on a Network Vista server is prohibited and is a violation of the terms of service:

• Illegally licensed or Pirated software
• Programs for Hacking or archives containing Hacking information
• Warez Websites
• Dedicated game server programs
• Distribution of any material, such as music files for which the account holder doesn't own the copyright
• Pornographic websites, Adult websites or any website Network Vista deems harmful to the local, state, national or global community
• IRC software - We do not allow IRC, BNC, or Egg Drops software bots to be operated on our servers or over our network. References to IRC or any likeness thereof are prohibited. Also any program that acts in a similar fashion to an IRC server or any programs that provide background process chat functions are prohibited.
• Proxies - Proxy servers of any kind, whether for business or personal use, are prohibited.
• References to any proxy or likeness thereof are prohibited.
• Port scanning - Port Scanning of any kind on or from our servers or network is prohibited.
• Unsolicited email or advertising - Sending of unsolicited email, also known as spamming, from any
• Network Vista server or email address that is maintained on a Network Vista machine is prohibited. Network Vista is the sole arbiter as to what constitutes a violation of this provision.
• This also includes opt-in/opt-out mail programs and mail that directly or indirectly references a domain contained within an Network Vista hosting account.
• Shoutcast Servers - We do not allow Shoutcast Servers because of bandwidth and load issues.
• Background Programs/Processes - Users must request permission in writing or via email before enabling persistent background processes requiring significant server resources.
• PHP Shell - PHP Shells or any similar programs are prohibited. References to PHP Shells or similar programs are also prohibited.
• Links to any of the prohibited items described above are prohibited

III. Server Abuse

Any attempt to cause harm to a Network Vista server or Network Vista customer is strictly prohibited. This includes, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

IV. Account Responsibility

Subscribers will be held responsible for all actions performed by their accounts whether it be done by the subscriber or by others.

V. Scheduled Maintenance and Downtime

Network Vista will use commercially reasonable efforts to provide continuous, 24 hours per day, seven days per week service. Service subscribers acknowledge that from time to time services may be inoperable or inaccessible for various reasons, including periodic maintenance, procedures, or upgrades ("scheduled downtime"), service malfunctions, and causes beyond Network Vista's control or which are not reasonably foreseeable by Network Vista, including the interruption or failure of telecommunications transmission links, hostile network attacks, or network congestion or other failures.

Network Vista will provide at least 24 hours advance notice to subscribers for Scheduled Downtime, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or in operability of its web servers. Network Vista has no responsibility for downtime resulting from a subscriber's actions.

Network Vista reserves the right to upgrade server software or hardware as needed to maintain security and proper functionality of our systems. Customers are responsible for keeping their websites up to date and compatible with the hosting environment provided by Network Vista. Network Vista will not be responsible for incompatibility between or systems and customer's web software and systems.

VI. Refunds

Refunds will be posted for full months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Notice of cancellation must be given before the month in question begins. Setup fees are non-refundable. $15.00 will be deducted from the money refunded if the user's domain was registered via Network Vista, Inc's free domain registration method.

Any violation of Network Vista, Inc's Terms of Service Agreement shall result in no refund.

VII. System Resource Utilization Limits

Any account using 15% or more of it's server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

VIII. Cancellation of Accounts

Network Vista maintains the right to cancel accounts at its discretion.

Use of unauthorized background processes shall result in immediate termination of the account.

Network Vista maintains the right to cancel accounts for non-payment of account service fees at its discretion.

IX. Account Setup and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle.

Accounts for subscribers who wish to pay by check, cashier's check or money order will be setup when the check is received by Network Vista, Inc. and cleared through our bank.

Network Vista reserves the right to suspend or terminate any service due to non-payment for the services.

At Network Vista's discretion, we will maintain a customer's services up to 15 days past the payment due date for those services, after which they will be suspended.

At Network Vista's discretion, we will maintain a customer's data up to 30 days beyond the payment due date for those services, after which the data will be deleted.

There is a one-time fee of $15 per name for parking of additional domain names. This fee is non refundable.

Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a non refundable fee.

Network Vista shall not be held responsible for domain transfers. Completion of domain transfers is the responsibility of the subscriber.

X. Courtesy Services for Customers

All services such as "Cpanel" control panel and subscriber account backup are provided as a courtesy to the subscriber. It is the sole responsibility of the subscriber to maintain a backup of the subscriber's own data and account information. Network Vista, Inc. is not responsible for lost data or data lost due to a third party software package or script that is not maintained by Network Vista, Inc. or Network Vista's staff. Note that Network Vista, Inc. is not affiliated with the makers of "Cpanel" control panel.

XI. Limitation of Damages

Recovery of damages from Network Vista may not exceed the amount of fees Network Vista collected from the subscriber for the account.

XII. Dispute Resolution

Any dispute between Network Vista and a subscriber shall be resolved by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless there is prior agreement in writing by both parties to hold arbitration in a different location or venue. The arbitration judgment shall be enforceable as a judgment of any court having proper jurisdiction.