Terms Of Service

Nierika Digital makes no service guarantees, although we are committed to provide best  service available.  we have delivered and expect at least 99.9% uptime for each service. Our servers are monitored around the clock (so that in the event of an outage, we are informed and can recover as quickly as possible.) Still, unforeseen events like natural disasters or denial of service and other attacks can result in service disruption. Applications that demand absolutely zero downtime (like air traffic control or life support systems) should not be hosted at Nierika Digital

In consideration for your use of Nierika Digital services, you agree that you will not:

    • distribute, send, or cause to send any unsolicited bulk email using Nierika Digital systems;

    • distribute bulk email (that is, send the same message to more than 250 recipients) using our Mail or Web services. 

    • violate any local, state, national or international law.

    • infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;interfere with or disrupt Nierika Digital services, those of our users or any other person or service, including but not limited to hacking, portscanning, banner checking or other invasive investigation of machines;make excessive use of Nierika Digital  services, including but not limited to network bandwidth and computer system resources;

    • violate or causeNierika Digital  to violate the terms of our upstream providers’ Acceptable Use Policies;

and you agree that you will:

    • make all reasonable efforts and implement standard practices to keep your Nierika Digital account(s) secure, including maintaining strong passwords and keeping all software installed on our servers current with recent updates and patches.

All Nierika Digital hosting is at-will and may be revoked at any time for violation of these agreements, for any other reason or for no reason, though this has never happened and we hope it never needs to.

All prices and service features are subject to change. If you upgrade your plan, your fees may change. Extra fees will apply to accounts that exceed the basic usage limits  and may apply to accounts that make heavy or unusual use of bandwidth, server resources, or tech support.

Examples of content that is not acceptable on Nierika Digital Servers:

    • Topsites

    • Torrent sites

    • IRC Scripts/Bots

    • Proxy Scripts/Anonymizers

    • Pirated Software/Warez

    • IP Scanners

    • Bruteforce Programs/Scripts/Applications

    • Mail Bombers/Spam Scripts

    • File Dump/Mirror Scripts (similar to rapidshare)

    • Escrow/Bank Debentures

    • High-Yield Interest Programs (HYIP) or Related Sites

    • Sale of any controlled substance without prior proof of appropriate permit(s)

    • Prime Banks Programs

    • Lottery Sites

    • MUDs/RPGs/PPBGs

    • Hateful/Racist/Harassment oriented sites

    • Hacker focused sites/archives/programs

    • Sites promoting illegal activities

    • Forums and/or websites that distribute or link to warez/pirated/illegal content

    • Bank Debentures/Bank Debenture Trading Programs

    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

    • Transmission or posting of unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or objectionable material.

    • Transmission or posting of Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

    • Any material containing a virus or other hostile computer program.  

Transfers and Other services.

Our Transfers Team will make every effort to help you move your website to us. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. In no event shall Nierika Digital be held liable for any lost or missing data or files resulting from a transfer to or from our servers. You are solely responsible for backing up your data in all circumstances.

Failure to Pay

Nierika Digital may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Activation of new services is rendered to accounts that are in good standing, i.e. all overdue and/or upcoming invoices are paid in full. Failure to pay overdue and/or upcoming invoices may result in removal of new services.

Violation of this terms of service

Your account will be terminated without notice and you will forfeit all of the monies that have been paid to Nierika Digital

Limitation of Liability

IN NO EVENT WILL Nierika Digital ITS EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Nierika Digital IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Disclaimer

Nierika Digital shall not be responsible for any damages your business may suffer .Nierika Digital makes no warranties of any kind, expressed or implied for the Services. Nierika Digital disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Nierika Digital or our employees.

Last Updated:

August 10th, 2018.

If you have any questions please contact us at:

info@nierika.digital

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