Nameway® Hosting Agreement

Nameway® is committed to providing a family friendly environment on the web. We are strict about our acceptable content because of this commitment. Never before have we been so bombarded with pornography and morally degrading material than by way of the Internet. We want no part of it.

All services provided by Nameway® may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: fraudulent material, copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Nameway® from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all Nameway® servers, whether legal or illegal. This includes sites that may infer sexual content or links to adult content elsewhere. In addition, sites containing profanity or vulgar language are also prohibited.

Sites that promote any illegal activity or present content that may be damaging to Nameway® servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of this material include pirated software, hacker programs or archives, and warez sites.

It is also prohibited to engage in activities, whether lawful or unlawful, that Nameway® determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Nameway® will be the sole arbiter as to what constitutes a violation of these provisions.

The sending of unwanted/unsolicited bulk and/or commercial messages over the Internet (spamming) is STRICTLY prohibited. This includes sending spam from or through an Nameway® server or using an e-mail address or domain that is maintained on an Nameway® machine as reference. Spam has a negative impact on consumers and on our systems. It depletes server resources and opens Nameway® up to denial of service or "nuke" attacks from recipients of spam. In connection with this policy, the following activities are also prohibited:

• Maintaining an open SMTP relay.
• Forwarding or posting "chain letters" (multiple forwarding) of any type.
• Attempting to cancel, supersede, or otherwise interfere with e-mail messages other than one's own.
• Engaging in harassment, whether through language, frequency, or size of messages.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Nameway® will be the sole arbiter as to what constitutes a violation of this provision.

We currently do not allow IRC or IRC bots to be operated on our servers.

Any attempt to undermine or cause harm to a server, or customer, of Nameway® is strictly prohibited.

Running programs in the background on a Nameway®'s server without Nameway®'s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day and the like are not acceptable uses of Nameway®'s servers.

Should any client on Nameway®'s network use network or system resources beyond those explicitly provided to them by Eclipse hosting, including but not limited to, disk space or data transfer allowances, Nameway® reserves the right to reclaim the resources, if possible, and make reasonable efforts to recover any costs and/or block continued use of the additional resources.

We do not want to limit your success. In fact our goal is to assist you in any way we can to ensure the success of your site. However, you should understand that your site is on a shared server with other sites. Any abuse by one user will affect all other clients on that server. If there is ever a problem we will make every reasonable effort to remedy the situation in a mutually beneficial way. Nameway® will be the sole arbitrator in these matters.

Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. These backups can be made easily by the client in the "Site Management" section of the control panel. If loss of data occurs due to an error of Nameway®, Nameway® will attempt to recover the data for no charge to the subscriber.

Nameway® maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Nameway® shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Nameway®'s servers going off-line or being unavailable for any reason whatsoever. Further, Nameway® shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Nameway®'s servers. All damages shall be limited to the immediate termination of service.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites and dedicated servers of Nameway® must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation. Each complaint will be investigated.