Terms Of Service

By agreeing to our terms of service, you are entering a binding contract with North Tone Systems, LLC

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

 

Termination

Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit North Tone Systems,  LLC right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must log into their billing account, and request their account to be canceled. Terminations will not be accepted without completing the termination form. No exceptions will be made. The termination form is required for your protection as well as ours. The form provides evidence that the individual terminating the account is authorized to do so.

In the event that North Tone Systems LLC elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and customer shall not be entitled to any refund.

In the event that North Tone Systems LLC elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

 
Liability

Customer agrees that North Tone Systems LLC shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that North Tone Systems LLC shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold North Tone Systems LLC liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

North Tone Systems is not liable for customer site content backups. North Tone Systems has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL NORTH TONE SYSTEMS LLC LIABILITY EXCEED THE TOTAL VALUE PAID TO NORTH TONE SYSTEMS LLC BY CUSTOMER.

 
Security
Customer understands that the Internet and other various networking communications are not secure

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Account Security
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. North Tone Systems, LLC shall not be liable for any breach of security caused by Customer or third parties.
 
Mail Services

North Tone Systems mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Web based e-mail is provided by North Tone Systems for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail.

POP Mail services are not to be used to transfer system backups or disk images.

 
Hosting Account Ownership
The billing contact, as registered with North Tone Systems LLC is considered to be the account owner. North Tone Systems LLC will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

 

Legal Action
Customer agrees to indemnify and hold North Tone Systems LLC harmless in any legal action which arises as a result of Customer's use of North Tone Systems LLC services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

 

Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the State of Wisconsin and jurisdiction shall lie within the State of Wisconsin. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF WISCONSIN.

 

Billing
North Tone Systems, LLC bills on a month to month contract. Unless otherwise noted, all customers will be billed month to month, on the anniversary date of when they signed up for service. To cancel your account, you must give 14 days notice by opening a ticket in our billing system, and stating you would like to cancel service. If we do not receive a cancellation notice from said customer, we will continue to bill the customer on their anniversary date.

If we are ever unable to collect monies due on a customer's account, your account may be suspended. After 15 days of non payment, your account will be terminated. If termination of your account is required, all data, email, and data bases associated with that account will be deleted, and can not be restored. North Tone Systems, LLC also holds the right to turn over all non paying accounts to a collections agency. This is NOT only limited to US and Canadian accounts.

 
Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify North Tone Systems LLC via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

 
AUP Acceptable Use Policy
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with North Tone Systems. If you engage in any of the activities prohibited by this AUP document North Tone Systems may suspend or terminate your account.

North Tone Systems' Acceptable Use Policy (the "Policy") for North Tone Systems Services is designed to help protect North Tone Systems, North Tone Systems' customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by North Tone Systems. North Tone Systems reserves the right to modify the Policy at any time, effective upon posting at http://www.hosthead.com/tos.html

Prohibited Uses of North Tone Systems' Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through North Tone Systems' servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on North Tone Systems' servers, is prohibited. North Tone Systems accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by North Tone Systems customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any North Tone Systems-hosted domain, or referencing any North Tone Systems account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any North Tone Systems customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the North Tone Systems network or on another provider's network.

10. Using North Tone Systems' Services to interfere with the use of the North Tone Systems network by other customers or authorized users.


Customer Responsibility for Customer's Users

Each North Tone Systems customer is responsible for the activities of its users and, by accepting service from North Tone Systems, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an North Tone Systems customer will be forwarded to the North Tone Systems customer's postmaster for action. If violations of the North Tone Systems Acceptable Use Policy occur, North Tone Systems reserves the right to terminate services with or take action to stop the offending customer from violating North Tone Systems' AUP as North Tone Systems deems appropriate, without notice.