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Terms and Conditions

This Terms of Service (the "Agreement") is a legally binding contract between Aduroweb, LLC (the "Company") and you (the "Customer") that shall govern the purchase and use, in any manner, of services provided by the Company to the Customer (collectively, the "Services").

By purchasing or using the Services in any manner, the Customer represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of Louisiana. If the Customer does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.


Term of Agreement

The Agreement becomes effective immediately upon submission of an order by the Customer for a period of time as specified on the original order form (the "Billing Term"). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.

Obeying the Law

As Aduroweb, LLC is registered and located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by Aduroweb, LLC, whether located within the US or other countries.

Payment and Fees

The Company will automatically bill the credit card on file for the Customer on the first day of each Billing Term. All fees are billed in United States Dollars ("USD") and are subject to change at anytime with thirty (30) days prior notice to the Customer. It is the responsibility of the Customer to ensure that all billing information on file with the Company is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. Any account not paid in full by the end of the first day of the Billing Term will be subject to a "Late Penalty" the greater of 15% of the past due amount or $3.00 USD. Following ten (10) days of non-payment, the Company reserves the right to suspend Services, and to subsequently terminate Services after thirty (30) days following suspension of Services. The Company is not responsible for any damages or losses as a result of suspension or termination for non-payment by the Customer.

Refund Policy

We offer a forty-five (45) day money back guarantee on web hosting and reseller packages for new customers only. The 45 Day money back guarantee is not valid for customers who have previously had, or currently still has a service with Aduroweb aka Ninjamouse. No refunds are offered on virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support, processing fees, or software licenses. Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. If the Customer previously had Services with the Company, whether or not a refund was received, the Customer would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime for any or no reason. Refunds will be issued only to the payment method that the original payment was sent from, and may take upto 2-3 weeks for processing. We do not issue refunds via check, alternate credit cards, or other payment methods. In any event, no refunds are offered after the first forty-five (45) days of Service.

Collections Agency

Any account that remains unpaid after thirty (30) days may be submitted to an outside collections agency and reported to all major credit bureaus. The Customer agrees to pay a "Collections Fee" of $35.00 USD in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Customer agrees to pay all associated costs including court costs and reasonable attorney's fees.

Chargebacks, Reversals, and Retrievals

All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Customer that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal ("Dispute") will be immediately suspended or terminated pending investigation. The Customer agrees to pay a "Research Fee" of $35.00 USD per Dispute regardless of the actual validity of the charge.

Cancellation of Services

The Customer may cancel service by providing no less than forty-eight hours (48) hours prior notice by submitting a ticket via the ticket submission page located at http://ninjamouse.com/orders/submitticket.php?step=2&deptid=2. Aduroweb aka Ninjamouse does not accept cancellations via telephone, email, live chat, or any other method except the provided cancellation form. If cancellation notice is not received within the required timeframe, the Customer will be billed for the next Billing Term and responsible for payment as set forth above. For customers who pay the Company via PayPal, it is the responsibility of those customers to cancel any subscription for recurring PayPal payments. The Company (which has no control over PayPal subscription payments) is not responsible for payments made from the customer's PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

Refusal of Service

The Company reserves the right to refuse service to any person at the Company's discretion. The Company further reserves the right to deny service to any script, program, software, or other service at the Company's discretion. Such refusal can occur at any time, for any or no reason, and without explanation.

Suspension and Termination of Services

The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any or no reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or loss of data resulting from such suspension or termination.

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Aduroweb, LLC customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason. All shared and reseller accounts are subject to an outgoing email limit of 250 messages per 60 minute period. All messages that exceed this limit will be discarded and not delivered.

Resource limits for shared and reseller packages:
5% CPU Usage
1GB Memory
20 Running Processes


Service Modifications

Aduroweb, LLC reserves the right to add, modify, or remove any or all features from any service The Company provides, at any time, with or without notification. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and 3rd party applications. These changes can be made for any or no reason. The Company does not guarantee the availability of any feature, whether written or implied.

Uptime Guarantee

Aduroweb, LLC guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. Credits are available only for future services/invoices and will not be issued as refunds. Requests are to be sent via email or support ticket no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required timeframe will not be accepted - no exceptions. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (VDS) or Dedicated Server packages. We reserve the right to deny any credit request for any or no reason.

Support Policy

The Company will provide technical support to the Customer twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year, with the exception of holidays and company meetings. The only official method for technical support is via our helpdesk at http://ninjamouse.com/orders/supporttickets.php. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.

Telephone / Live Chat Support Policy

Limited support will be provided, at our discretion and subject to availability of staff, via telephone and/or live chat. Telephone and live chat options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums. Any inquiries via telephone or live chat support must be limited to general questions which do not require access to any account or server to investigate or resolve; and may not be used to request the status of or provide updates to a helpdesk ticket. Any issue requiring investigation, research, or access to an account/server must be sent via the helpdesk. We reserve the right to direct any issue to the helpdesk at our discretion and to refuse to provide support for such issue via telephone or live chat. Telephone and live chat support options are considered to be privileges that are subject to revocation at our discretion for any or no reason.

Expired Domain Deletion Policy

Immediately after the expiration of the term of a domain name’s registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we may determine at our discretion. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.


Advanced Support Policy

Support to the Customer is limited to our area of expertise and is available only for issues related to the physical functioning of the Services. We do not provide support for any 3rd party software including, but not limited to, software offered by but not developed by the Company. We reserve the right to refuse assistance with and/or assess an "Advanced Support Fee" of $75.00 USD per hour (1 hour minimum) for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by client error.

Abusive Actions

Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company's sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

Backup Services

As an added no-charge service, Aduroweb, LLC's server provider performs weekly backups of its servers that house its shared and reseller packages. No backups are performed for virtual private server (VPS/VDS) or dedicated server packages, unless the Customer specifically purchases an additional service for this purpose. If your hosting account exceeds 100,000 inodes, your account will not be included in our automatic backup process - MySQL databases however will continue to be included. Any and all backup services provided by Aduroweb, LLC's server provider, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Customer agrees to maintain a backup of their data at all times on equipment not maintained by Aduroweb, LLC's server provider, or its affiliates. Should the Customer fail to retain a backup of their data during an instance of data loss or corruption, and Aduroweb, LLC's server provider does not hold a recent or valid copy, the Customer agrees to not hold Aduroweb, LLC liable, as defined in the section "Limitation of Liability".

If the Customer requires Aduroweb, LLC to restore a backup of their data that is located on a backup server maintained by the Company, the Customer agrees to pay a "Restoration Fee" of $20.00 USD to complete the request. This fee is non-refundable, even if the Customer is not satisified with the completion of the request. The Customer also confirms a backup restoration will overwrite any and all current data on the Customer's account. Aduroweb, LLC cannot be held liable if a backup restoration does not complete successfully.


Domain Name Registrations, Transfers, and Renewals

Aduroweb, LLC will make every effort to ensure domain names are registered, transferred, or renewed on time once the Customer has made the appropriate payment. If a domain name registration, renewal, or transfer is not processed when due, it is the Customer's responsibility to contact the Company within fifteen (15) days of the incident for us to investigate. Redemption fees may be charged to the Customer for domains that remain expired for more than 30 days, when no contact is made to the Company in the required timeframe. Aduroweb, LLC's liability is limited to the amount paid for the domain name.

IP Address Allocation

Each hosting account by default is assigned a shared IP address. This shared IP address is shared among multiple other customers that are located on the same server. If a dedicated IP address is requested by the client, there must be a technical need for the IP, in which the account would fail to function properly without one. Aduroweb aka Ninjamouse does not provide dedicated IP addresses for the use of Search Engine Optimization (SEO), and all requests must be approved by Aduroweb aka Ninjamouse prior to assignment. Dedicated IP requests can be denied for any or no reason.

Acceptable Usage Policy

The Client shall use the Company's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Florida, State of Texas, or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless Aduroweb, LLC from any claims resulting from the use of the service which damages the Client or any other party. Any use of the company's services for the pursuit of illegal or unlawful purposes will be subject to termination and any and all materials will be forwarded to the proper authorities without written or explicit knowledge given to the the Customer.

The following contents, links, or actions on any Services would constitute a violation of the Agreement:
- Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
- Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
- CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
- DoS Source - Source of Denial of Service Attack
- DoS Target - Target of Denial of Service Attack
- Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
- Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public
- HYIP - Hosting or Linking to a High Yield Investment Program Website
- Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
- Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
- IRC - Hosting Internet Relay Chat Server not Authorized by Aduroweb aka Ninjamouse
- Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc
- Phishing - Identity Theft by Email Under False Pretense
- Proxy Site - Hosting of or linking to an Anonymous Proxy Server
- Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
- Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
- Spam Site - A Site Advertised by Spam Email or Spam Web
- Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
- Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
- Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
- Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
- Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
- Trademark - Hosting, Distributing, or Linking to Trade Mark Infringed Materials
- Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
- Or any other application or data that the Company finds offensive.


Restrictions on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage:
- Accounts must have valid, working websites, and not violate any previously subscribed terms
- Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
- Accounts are not for us of mass distribution of files, such as torrents or mirrors
- Any account found violating these terms may be suspended or terminated without warning


Multi-Location Hosting

Aduroweb, LLC does not guarantee the availablity of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. We also reserve the right to deny the transfer of any account to a new location for any or no reason.

No Warranty

Client expressly agrees that use of the Company's services is at the Client's sole risk. Neither Aduroweb, LLC, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company's services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.

Limitation of Liability

Under no circumstances, including negligence, shall Aduroweb, LLC, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Aduroweb, LLC records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.

Indemnification

Client agrees that it shall defend, indemnify, save and hold Aduroweb, LLC harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Aduroweb, LLC against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Aduroweb, LLC servers.

Arbitration and Waiver of Jury Trial

By using any Aduroweb, LLC services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Aduroweb, LLC's choice. The arbitrator's award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.

Governing Law and Disputes

This agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in West Palm Beach County, Florida, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

Partial Invalidity

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Client agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.