Terms & Conditions - User Agreement
Wind River Digital Networks (windriverdigital.com and windriverdigital.net) is a wholly owned subsidary of Nivindel, LLC. This agreement represents the complete agreement and understanding between Nivindel, LLC and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published online via Nivindel, LLC services, Nivindel, LLC may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify our Billing Department (email@example.com) so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval of this agreement.
1. Nivindel, LLC makes no warranties of any kind, whether expressed or implied, for the service it is providing. Nivindel, LLC also disclaims any warranty of merchantability or fitness for a particular purpose. Nivindel, LLC will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by Nivindel, LLC may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Nivindel, LLC reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
Pornography and Child pornography are prohibited, including: sexual content, or direct links to adult content elsewhere. This is applies for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. Examples of non-acceptable content or links are: Pornography, Child Pornography, Hackers applications/archives, Warez sites, proxy applications, spam applications.
3. Customer agrees to defend, hold harmless and expeditiously indemnify Nivindel, LLC from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
4. Nivindel, LLC accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign accounts to any party not named in this Policy.
5. Nivindel, LLC reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for domain name registration/transfer, domain protection, site builder, SSL, static IP addresses are not refundable.
If a customer re-registers after Nivindel, LLC's cancellation of the account without Nivindel, LLC's written consent, Nivindel, LLC will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
6. Domain name registration/transfer, domain protection, site builder, setup fees (if apply) are not refundable.
7. Within the first 30 days as a Nivindel, LLC customer, if for any reason you are not completely satisfied with our hosting services, we will cancel your account and refund your money for your hosting service. Refunds for hosting services are not available after the initial 30 days. Refunds are not available for renewal fees.
8. Customer agrees not to utilize the Nivindel, LLC service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Violating this clause may result in service interruption or account cancellation.
9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
10. Nivindel, LLC requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Nivindel, LLC cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
11. Customer shall ensure that its use of Nivindel, LLC's network services shall not disrupt Nivindel, LLC, its associated networks or equipment forming part of the systems. Customer is responsible for the security of all files and content installed under the hosting account and is required to maintain any software installed to up to date version in order to avoid security breaches. In instances in which an excessive amount of system resources are utilized by a subscriber, Nivindel, LLC reserves the right to suspend the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Nivindel, LLC user or to any directly or indirectly attached network. Use of Nivindel, LLC's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Nivindel, LLC shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Nivindel, LLC's service, Nivindel, LLC's equipment or any site hosted on any Nivindel, LLC network.
12. Customer warrants that any material submitted for publication on Nivindel, LLC does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Nivindel, LLC reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
13. If Nivindel, LLC becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Nivindel, LLC, at its discretion, may, at any time deny access to the challenged material of Customer.
14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
15. For all new domains, there is a yearly non-refundable registration fee. Nivindel, LLC will automatically pay this fee as well as all annual non-refundable renewal fees on your behalf while your Nivindel, LLC account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department.
16. Use of Nivindel, LLC's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
17. Although all hosting plans permit unlimited data transfer in the event usage exceeds the allotted free bandwidth for that plan customer will be prompt to upgrade to the next available hosting plan. Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account.
18. Any party seeking to report any other potential violations of this Agreement may contact Nivindel, LLC via email at firstname.lastname@example.org.
19. Transferring your domain to another provider does not constitute canceling your Nivindel, LLC account. You must notify Nivindel, LLC to formally cancel your account with Nivindel, LLC to avoid further charges.
20. You must notify Nivindel, LLC (email email@example.com) to formally cancel your account with Nivindel, LLC to avoid further charges. If you do not notify us we will automatically renew your account for the next billing cycle - 1 month before the account expiration date.
21. On occasion, Nivindel, LLC may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.
22. It is the responsibility of the customer to contact Nivindel, LLC of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.