Virtual Hosting Agreement

Any person or entity engaging Nycia to host a website agrees to, understands, and is bound by this Virtual Hosting Agreement. All Virtual Hosting Accounts by definition are any web-hosting accounts that do NOT have a Dedicated Server or implied thereof. Additionally, the website has its nameservers pointing to at least the following nameservers: NS1.LNHI.NET and NS2.LNHI.NET. Furthermore, if a Hosting Plan has under 500Mb of allocated space the Client is bound by this Virtual Hosting Agreement which is inclusive of the following agreements: "Virtual Hosting Agreement", the "Nycia Copyright Agreement", the Nycia Acceptable Use Policy, the Website Usage Policy and the E-sign Policy. Dedicated Server Accounts should refer to their individual hosting agreements, provided by Nycia prior to commencement of service.

Notice of Product or Service Offering

• Nycia reserves the right to make changes in any product or service offerings at any time without incurring any obligation to incorporate such changes in existing products or services previously sold. Nycia also reserves the right to discontinue offering for sale of any Product or Service at such time Nycia considers necessary.
• In the event a Client cancels an order with us, we reserve the right to claim from the Client any consequential costs or losses. We further reserve the right to cancel an order if we are unable to supply product or service offering for any reason beyond our reasonable control. When the order is confirmed by Nycia - Nycia's order, including these Terms and Conditions shall become the entire agreement between Nycia and Client. This agreement supersedes all prior understanding and agreements between the parties relating to the subject matter hereof and may not be supplemented or amended except expressly in writing signed by the Client and reviewed, accepted, and signed by Nycia.
  

Payment

• Nycia embraces a strict payment policy. Nycia only accepts US dollars via Credit Card (Visa or Mastercard). Client will be automatically renewed annually via the credit card Nycia has on file. If a credit card becomes invalid or expired, Nycia will attempt to contact client. Client understands and agrees it is Client's repsonsibilty to inform Nycia in writing of updated Credit Card information. Client understands and agrees that All Payments for any service will be made in advance, 30 days in advance for Virtual Hosting Accounts. Nycia may make one last attempt one time via email and/or telephone to collect payment to avoid any reconnection fees. In the event that a Client does not make a payment or fails to make a payment by the expiration date Nycia has on file, (i) Client understands and agrees that Client's website AND ALL Client's email accounts will be suspended and inaccessible at midnight eastern standard time the day of expiration until payment is received and cleared in US Funds . (ii) If client wishes to continue service with Nycia, Client understands and agrees to pay both the reconnection fee of $350.00 AND the annual hosting fee BEFORE the service is reconnected and activated. Both the reconnection fee of $350.00 AND the annual hosting fee must be paid and cleared in US Funds BEFORE any data or email messages will be accessible to Client. All Reconnection Fees MUST be paid via Money Order ONLY made out to Nycia. No exceptions. If the reconnection fee AND advance payment of the annual hosting fee is not received, processed, and cleared in US Funds by Nycia, Client understands and agrees that Nycia will not retreive, nor disclose ANY data or ANY email messages whatsoever. Backup/Restore Services are available for Data ($550.00 per incident). Client also understands and agrees that if annual hosting fee is not received in full, in cleared US dollars, 30 days prior to any renewal period, and Client's website and Email accounts are suspended due to non-payment, Nycia will NOT be responsible for ANY loss of data or ANY loss of ANY email messages or web form submissions whatsoever past the expiration date Nycia has on file at midnight eastern standard time. If Client wishes to continue with Nycia services after failing to render the required payment on time, Client agrees and understands the $350 reconnection fee is only a reconnection fee, and is not inclusive of the annual hosting fee, which must be paid in full and cleared in US Funds BEFORE any service will be restored and accessible to Client. Client further agrees and understands that this $350 reconnection fee, is just that - a reconnection fee; the reconnection fee does NOT include Backup Services of Data or Backup of Email messages. Client shall be 100% financially responsible and liable for interest accrued, and all costs of collections, including but not limited to legal costs, court, and collection fees incurred by Nycia.

Refunds

• Nycia offers a 30-day Money Back Guarantee on each of our services. If a refund is necessary - simply request the refund in writing via email. While not required, Nycia appreciates any information about why the services did not meet Client's needs to help future Clients.

Sales and Tax

• Any manufacturer's tax, occupation tax, use tax, sales tax, excise tax, duty, custom, inspection and testing fee, or any other tax, fee, interest, or a charge of any nature whatsoever imposed by any governmental authority, on or measured by the sale by Nycia to Client, shall be paid by the Client in addition to the prices quoted or invoiced. If Client is exempt from any such tax or charge, Client shall provide Nycia the applicable exemption certificate.

Upgrade / Downgrade / Cancellation

• No other company prides itself more with Client Satisfaction than Nycia. It is our primary concern. When a request comes in to upgrade / downgrade / or cancel - we will prorate only those with cancellations. Upgrades / Downgrades will take effect immediately, but the billing will not take place until the next billing cycle. Client may choose to Upgrade /Downgrade their plan at anytime for any reason.
• If Client cancels service Client will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if any. If Client has a contract, the terms of the contract apply. If Client cancels service, but fails to transfer site(s) to another provider and continue to utilize our hosting network Client will be billed until such time that Client is no longer utilizing Nycia's services. If Client wish services to cease immediately, Client must request that Nycia's services be discontinued immediately.
• When an account is canceled all Client information is removed from Nycia's Database except that in aggregate form.
• All Cancelled Annual Hosting plans are subject to a $300 early cancellation penalty.

Liability

• Nycia and its affiliates shall not be liable for ANY damage including, but not limited to financial damage, as a result of any delay or failure to deliver due to any cause beyond Nycia's reasonable control, including, without limitation, any act of God, act of Client including, but not limited to non-payment, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, act of terrorism, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay of service, the date of delivery shall be extended for a period equal to the time lost because of the delay. Client's exclusive remedy for other delays and for Nycia's inability to deliver for any reason shall be rescission of the sale of Product.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NYCIA NOR ANY OF ITS AFFILIATED EMPLOYEES, CONTRACTORS, AND/OR COMPANIES SHALL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL COSTS AND DAMAGES OR ANY OTHER LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO AVAILABILITY OF SERVERS AT A GIVEN TIME, OR ANY UNDER­TAKINGS, ACTS OR OMISSIONS RELATING THERETO. Without limiting the generality of the foregoing, Nycia's Clients specifically disclaim and agree to indemnify Nycia fully and completely of any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of Product or any associated equipment, cost of capital, cost of substitute Product, facilities or services, down-time, email suspension, website suspension, shut-down or slow-down costs, or for any other types of financial or economic loss, or for claims of Client's customers or any third party for any such damages.
• Nycia will utilize its best efforts to maintain acceptable performance of services, but Nycia makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Nycia cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Nycia will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Nycia shall not be liable to Client or any of its Client's customers for any claims or damages which may be suffered by Client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, loss of email messages, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Nycia.
• Client agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against Nycia, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Nycia against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Nycia's server(s); and material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Client sold on Nycia's Server. As a result of this, Client agrees that Nycia shall not be liable to Client for any claims of actual, compensatory and/or consequential damages which may be suffered by Client, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Nycia. Notwithstanding the above mentioned, Client's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount of which Customer paid during the term of this Agreement.
  
• CLIENT AGREES THAT USE OF NYCIA'S SITE OR CLIENT'S SITE OR NYCIA'S SERVICES IS AT CLIENT'S SOLE RISK. NYCIA'S SITE OR CLIENT'S SITE OR NYCIA'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND.
  NYCIA MAKES NO WARRANTY THAT NYCIA'S SITE OR CLIENT'S SITE OR NYCIA'S SERVICES WILL SATISFY CLIENT'S REQUIREMENTS, OR THAT THE AVAILABILITY OF THE NYCIA'S SITE OR CLIENT'S SITE OR NYCIA'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES NYCIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NYCIA'S SITE OR CLIENT'S SITE OR NYCIA'S SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM NYCIA'S SITE OR CLIENT'S SITE OR NYCIA'S SERVICES.
  
  CLIENT UNDERSTANDS AND AGREES THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH NYCIA'S SITE OR NYCIA'S SERVICES IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM NYCIA OR THROUGH OR FROM NYCIA'S SITE OR NYCIA'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
• IN NO EVENT SHALL NYCIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, FINANCIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) NYCIA'S SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA, INFORMATION OR EMAIL MESSAGES OR WEBSITE FORM SUBMISSIONS TRANSMITTED THROUGH THE SITE, THROUGH ANY MAIL SERVER, OR NYCIA'S SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR INFORMATION, EVEN IF NYCIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• IN NO EVENT SHALL NYCIA BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY CLIENT OR THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE NYCIA SITE, CLIENT'S SITE, CLIENT'S EMAIL, OR NYCIA'S SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (IV) NYCIA SHALL NOT BE LIABLE FOR ANY LOSS OF EMAIL MESSAGES OR OTHER ELECTRONIC TRANSMISSIONS ONCE A CLIENT'S SITE OR CLIENT'S EMAIL HAS BEEN SUSPENDED, TERMINATED, OR INTERRUPTED FOR WHATEVER REASON WHATSOEVER.
  

Usernames and Passwords

• Client will be solely responsible for the maintenance and security of your login identifier and password that Nycia will provide. Client's login identifier and password are unique to Client, and Client agrees not to disclose or share login identifier and password with any third party. Nycia reserves the right to deny or revoke access to this Site, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Site will terminate upon the termination of this Agreement for any reason.

Fees

• Setup Fees including, but not limited to, additional programming are nonrefundable.
• All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
• Reconnection Fees are non-refundable.
• Backup / Restore Fees are non-refundable.

Clerical Data

• The use of any data or material, which Customer receives from the service provided by Nycia, is at Customer's sole and absolute risk. Nycia specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.

Lawful Purpose

• The Client may only use Nycia's services for lawful purposes. In the event that at any given time, Nycia believes that the service is being used by the Client in contravention with any of the terms and provisions contained in this Agreement, Nycia has the right to immediately discontinue such service to Client without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
  
            a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail. b. Unsolicited advertising via email and/or
  
            b. 'Spamming' is a violation of this agreement. Such prohibited conduct subjects Client to immediate cessation of service as provided herein and the termination of this agreement without notice. Nycia reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
  
            c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Nycia reserves the right to determine what is Net abuse;
  
            d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
  
            e. The Client expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. Nycia reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Client without notice or liability for actual, compensatory or consequential damages to Client for the interruption in service. Nycia reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
  
            f. Posting of MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.