Last changed April 21, 2013. Changes made:
- Effective April 2, 2013, NoBaloney Internet Services is now a service
brand of Qnito Incorporated, 848 North Rainbow Blvd., Suite #3789, Las Vegas, NV
89107-1103. All references to NoBaloney Internet Services herein, without
exception, are to be considered as referring to both NoBaloney
Internet Services and to Qnito Incorporated.
- All addresses and telephone numbers herein have been changed, as
necessary, to refer to the telephone numbers of addresses of Qnito
- Some typographical errors have been fixed, without changing the
meanings of the any paragraphs containing them.
See immediate prior Terms of Service here.
Product and Services Usage Agreement
(TERMS OF SERVICE)
NoBaloney Internet Service is a service brand of Qnito Incorporated, 848
North Rainbow Blvd., Suite #3789, Las Vegas, NV 89107-1103.
All references to NoBaloney Internet Services herein, without
exception, are to be considered as referring to both NoBaloney
Internet Services and to Qnito Incorporated. All addresses and telephone
numbers herein have been changed, as necessary, to refer to the telephone
numbers of addresses of Qnito Incorporated.
This usage policy (Terms of Service) is binding on all our Email,
webhosting, colocation, and system rental clients.
The NoBaloney Internet Services usage policy has been developed with the following
objectives in mind:
- To ensure security, reliability and privacy of NoBaloney Internet Services systems
and network, and the networks and systems of others with whom we
- To maintain the image and reputation of NoBaloney Internet Services as a responsible
provider and transit partner.
- To preserve the value of Internet resources as a conduit for
- To encourage the responsible use of Internet resources and to dis-
courage practices which degrade the usability and quality of
- To avoid situation which may cause NoBaloney Internet Services civil liability.
- To preserve the privacy and security of our individual users.
We expect our clients to use the Internet with courtesy and
responsibility and to be familiar with and to practice good Internet
etiquette. By adhering to the following policies, our clients are
protecting the rights and privileges of all Internet users.
This agreement is between you, the client (whether in single or plural
form, in individual or business form, in proprietorship, partnership or
corporate form), hereinafter known as "Client" and NoBaloney Internet Services.
The service contracted for by you, to be supplied by NoBaloney Internet Services, is
hereinafter to be known as the "Service".
NoBaloney Internet Services shall post a copy of these Terms of Service on our website.
Purchasing, and/or using, and/or accessing, any products, facilities or
services offered by, owned by, or under the control of NoBaloney Internet Services shall be
construed as understanding of, agreement with, and acceptance of these
Terms of Service. Should you not agree with these Terms of Service your
only recourse is to no longer use any service, product or offering of
NoBaloney Internet Services covered hereby.
TRADEMARKS, SERVICEMARKS, COPYRIGHTS:
nobaloney.net and NoBaloney Internet Services
are servicemarks owned by NoBaloney Internet Services. Client may not
use our servicemarks in any of their literature, websites, and/or
disseminated information except by our explicit permission. All
information in this document is considered confidential except when
disclosure of such information is required by law. All information in
this document is copyrighted and protected by national and international
Service: the service offered by NoBaloney Internet Services, and
contracted for or accepted by you.
Server: any server used by NoBaloney Internet Services for the purpose
of delivering any services offered to, contracted to, or accepted by you.
Client: any person or other entity contracting for or accepting services
offered by NoBaloney Internet Services, whether or not such services are
Data: any text, graphic, pictorial, audio, video, or binary
representation, or combination thereof, of any information transmitted
or caused to be transmitted, through or on, or held in or on any server,
network, or other facility owned by or under the control of
NoBaloney Internet Services.
Spam: any unsolicited email delivered to, or caused to be
delivered to, anyone who did not request it, or any off-topic
newsgroup post, or any newsgroup posts sent to multiple news groups.
Spam Reporting Service: any service, such as but not limited
to, SpamCop or other similar service, which reports directly to client
that client has been accused of sending spam.
Spamvertize: any unsolicited email sent from any other source
advertising a site hosted on, or a service delivered over or through,
a Nobaloney Internet Services server or network.
Mailing List: any list mainted by client, manually or by machine,
of email addresses used for mailing of multiple copies of the same or
different significantly similar emails to any recipients.
Double Opt-In List: a mailing list obtained by first sending a
non-commercial email to every email address to be included on the list,
asking the recipient of the email if he/she intends to be on the list,
and then only adding the email address to the list if the sender
obtains an affirmative response.
UCE: Unsolicited Commercial email; that is email sent without
permission of the recipient.
UBE: Unsolicited Broadcast email; that is email sent to any list
whereas emails sent to email addresses on the list are significantly
similar, and where the email addresse has not been confirmed using
the same procedure as described above, as Double Opt-In List.
TERMS OF SERVICE:
1. These terms of service are effective for new clients immediately
on the publication date, and for existing clients beginning at the end of the
thirtieth (30th) day following publication date.
2. Subject to the terms and conditions of this Agreement, NoBaloney Internet Services
will provide to client the services and/or products selected by client from
NoBaloney Internet Services then made available products and services as offered from
time to time (Products and Services). The specific Products and Services
to be provided by NoBaloney Internet Services shall be as selected by the client and as
established through verbal and written agreement and/or correspondence between
the client and NoBaloney Internet Services.
3. The initial term of services covered by this Agreement shall be as
stated in the Order ("Initial Term"). The Initial Term shall begin upon
commencement of Service to client, provided, however, no Service shall
commence unless and until NoBaloney Internet Services receives and accepts a completed Order
from client, plus payment in full for Products and Services to be rendered
during the Initial Term and any setup charges, unless NoBaloney Internet Services agrees
otherwise. NoBaloney Internet Services reserves the right to reject any submitted Order
for any or no reason prior to written acceptance thereof by NoBaloney Internet Services.
After the Initial Term, unless otherwise agreed to by the parties, service
shall automatically be renewed for successive terms of equal length as the
Initial Term unless terminated or canceled by either party only as provided
hereinafter below. The Initial Term plus all successive renewal periods
during which service is provided shall be collectively referred to as the
"Term". Such Term will uusually be one calender month unless the NoBaloney Internet Services
published list of services or agreement between the parties shall refer to
some other Term.
Fees and Payments:
1. All fees for Products and Services rendered or provided to client
shall be in accordance with the NoBaloney Internet Services fee schedule then in effect, or
some other price agreed upon between the parties, the terms of which are
incorporated herein by reference. NoBaloney Internet Services may, with 30 days notice to
client, amend the Products and Services and/or the rates and fees it
charges for such Products & Services. Fees for renewal periods after the
Initial Term shall be due and owing immediately upon the first day of such
renewal period. Client will receive a statement showing all unpaid previous
charges due, and all new charges previously unrendered by NoBaloney Internet Services for
such renewal period, plus any charges due for additional Products and
Services rendered or provided by NoBaloney Internet Services to client according to
any agreement or agreements in effect with the Client, and any other charges
including billing and/or late charges, then due hereunder. Payment in
full of such amount is due upon receipt of the statement.
2. For continuing Services, the Billing Date will always be the
anniversary of the starting date of such continuing Services, irregardless
of whether NoBaloney Internet Services shall issue a statement on that date or charge a
payment on that date.
3. Should payment in full as of any billing date not be received by
NoBaloney Internet Services within ten (10) days after said billing date then
NoBaloney Internet Services may, in its sole discretion, impose a late fee
of 5% of the unpaid balance (minimum us$5.00) for each month or fraction
thereof the overdue amount remains unpaid. Such late fee shall be
considered a fee for service and not interest. In addition, NoBaloney Internet Services
may, in its sole discretion, suspend all continuing Services offered to
Client. In the event said Services are suspended, Client must pay all
outstanding fees due, including late fees imposed as part of this section,
and also including the repayment of Setup Fees imposed for setup of such
services, before such Service is reestablished.
4. In the event that any amount due NoBaloney Internet Services remains unpaid thirty
unpaid thirty (30) days after Billing Date, NoBaloney Internet Services, in
it's sole discretion, may terminate all services offered the Client and may
destroy any Client property or other data in its possession, without
obligation to Client.
4a. Notwithstanding paragraph 4 immediately above, in the event that
any amount due NoBaloney Internet Services remains unpaid thirty (30) days
after Billing Date, and that client owns colocated or other equipment or
supplies in the posession of NoBaloney Internet Services, then NoBaloney
Internet Services may, in it's sole sole discretion, notify client by
Certified mail or equivalent, and by email, at the last email and postal
mail addresses known to NoBaloney Internet Services, of it's intent to seize
such equipment or supplies in the payment of all amounts due, and
irregardless of whether signed receipt of such postal mail is returned, may
then enforce such seizure at any time following fourteen (14) days after such
notification is placed in the postal mail service and sent by email. In the
event of such seizure NoBaloney Internet Services may attempt to sell at
auction on eBay for a minimum auction period of seven days for a minimum of at
least the amount due. Then if auction sale is made, closed, and paid, for at
least the amount due, then the amount due shall be deemed paid and any
additional amount paid (less shipping fees), after all eBay fees and a 10%
handling fee have been subtracted, shall be returned to client by company
check mailed to the last known postal mail address of client, and the account
considered closed. If the auction sale is not closed, for any reason,
including but not limited to the reason that sufficient bid or bids were not
offered, then NoBaloney Internet Services may accept in it's sole
discretion, accept said equipment as full payment for amount due, and the
account considered closed.
5. All taxes relating to the Sales and Services provided hereunder
(other than income taxes and other income-based fees charged to NoBaloney Internet Services)
shall be the obligation of the Client and shall be paid by the Client when
billed under the terms herein. Any taxes unpaid by Client shall remain
the obligation of the Client and shall not be paid to any taxing authority
by NoBaloney Internet Services unless required by law.
1. All fees are deemed earned and payable as billed. The Internet is NOT
a guaranteed medium. However, client satisfaction is important to us
and if we fail in a timely manner to provide you with services that meet
your expectations you may be eligible for a full or partial refund.
2. Refunds will be made at the discretion of the NoBaloney Internet Services
management or when required by applicable laws.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND
MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT. IT MAY
ADDITIONALLY RESULT IN ASSESMENT OF EXTRA CHARGES WHERE AND AS ALLOWED
BY APPLICABLE LAW AND AS SHOWN IN OUR CURRENT FEE SCHEDULE.
1. Clients are prohibited from transmitting on or through any of
the servers or services of NoBaloney Internet Services, any material that is,
in the sole discretion of NoBaloney Internet Services, unlawful, threatening,
abusive, libelous, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local, state,
national or international law, statute or regulation.
2. The services and servers of NoBaloney Internet Services may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of United States or state regulation or law is
prohibited. This includes, but is not limited to, material protected by
copyright, trademark, trade secret, or any other statute. NoBaloney Internet Services
reserves the right to remove such illegal material from its servers upon
lawful service of a valid request to do so.
3. Clients may not engage in tortious conduct including, but not limited
to, posting of defamatory, scandalous, or private information about a
natural or legal person without their consent, intentionally inflicting
emotional distress, or making physical or other threats against another person
via email, usenet news, forum or blog posting, RSS feed, or any other electronic
media/service we provide or allow to be provided on or through our servers or
4. The client is responsible for providing and maintaining accurate and
up-to-date billing information. Furnishing false data on the signup
form, contract, or online application, including fraudulent use of
credit card numbers, is grounds for immediate termination, and may
subject the offender to civil or criminal liability.
SYSTEM AND NETWORK USAGE:
1. Client may not use or attempt to use any server or service
provided by NoBaloney Internet Services to circumvent user authentication
or security of any host, network, or account ("cracking"). This includes,
but is not limited to, accessing data not intended for the client, logging
into a server or account the client is not expressly authorized to access, or
probing the security of other networks.
2. Client may not interfere or attempt to interfere with service to any
user, host, or network ("denial of service attacks") using any server or service
of NoBaloney Internet Services. This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
3. Client may not use or attempt to use any kind of program/script/command,
or send messages of any kind, designed to interfere with a user's terminal
session, via any means, locally or by the Internet, through any server or service
4. Client is fully responsible for his/her own account security and
must safeguard his/her account passwords to prevent unauthorized access to such
account. Client is fully responsible for all security violations against his/her
account, and if any action or actions prohibited as to client shall be performed
by any other person, server or service because of client's failure to maintain
complete security for his account or for any software, page, script, facility or other
file or files stored on his/her account, client shall be fully responsible therefore.
5. Client shall not allow to be hosted on any NoBaloney Internet Services
server or service any software, page, script, facility or other file or files
which will affect the security of any NoBaloney Internet Services server or
service, and will be fully responsible for all security violations against his/her
account or any NoBaloney Internet Services server or service performed as a result
of failure to prevent such violations.
6.Client shall hold NoBaloney Internet Services harmless for any breakin,
crack, hack, or denial of service against client's account, or for theft of any
information stored in or on Client's account or elswhere on or on behalf of any
account, server or services of NoBaloney Internet Services.
7. Clients who violate systems or network security may incur criminal or
civil liability. NoBaloney Internet Services will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected
NoBaloney Internet Services has zero tolerance for Unsolicited Broadcast Email (UBE)
and Unsolicited Commercial Email (UCE), commonly known as "spam".
Clients may not send email to any person who does not wish to receive
it. If a recipient asks to stop receiving email, the client must not
send that person any further email.
Clients are explicitly prohibited from sending unsolicited broadcast mail
messages ("junk mail" or "spam"). This includes, but is not limited to,
bulk-mailing of commercial advertising, informational announcements, and
political tracts. Such material may only be sent to those who have explicitly
3. Such "spam" email is prohibited whether originating on, passing
through, answered to, or advertising sites or services hosted on any NoBaloney
Internet Services servers or services.
4. Clients may not forward or otherwise propagate chain letters, whether
or not the recipient wishes to receive such mailings.
5. Harassment, whether through language, frequency, or size of messages,
through email, is prohibited.
6. Malicious email, including but not limited to "mailbombing" (flooding
a user or site with very large or numerous pieces of email) and
"trolling" (posting outrageous messages to generate numerous responses)
7. Forging of header or any other information in emails is not permitted.
8. NoBaloney Internet Services accounts or services may not be used to
collect replies to messages sent from another Internet Service Provider, where
those messages violate this Usage Policy or the usage policy of that other
9. Mail senders are required to maintain records which verify, on a case by
case basis, that explicit affirmative permission was obtained from recipients before
mailing. Lack of such records can be considered, at the sole discretion of NoBaloney
Internet Services, proof that permission was not obtained.
10. These rules apply to other types of Internet-based distribution
mediums as well, such as RLG's Ariel system (a system for sending
FAX-like documents over the Internet).
1. Any mailing list managed, owned, contracted for, used by, or referring
to, any client using services of NoBaloney Internet Services, must be a
Double-Opt-In List, and must include only email addresses obtained as a result
of a procedure whereby a non-commercial email is sent to every email address
to be included on the list, asking the recipient of the email if he/she intends
to be on the list, and then only adding the email address to the list if the
sender obtains an affirmative response.
2. Mail senders must maintain records for any such mailing list, which verify,
on a case by case basis, that explicit affirmative permission was obtained from
recipients before being placed on such list. Lack of such records can be considered,
at the sole discretion of NoBaloney Internet Services, proof that permission was
3. Every email list must include complete instructions for recipients
to be able to ask to remove themselves from such list, whether by email unsubscription
address, by website link, or by physical mailing address.
4. Subscribing someone else to a mail list or removing someone else from
a mail list without that person's permission is prohibited.
5. In the event a complaint is received by client, whether directly
from client, or through a spam-reporting service, or from NoBaloney Internet
Services, client shall make every attempt to identify such complainant and
immediately remove such address from the mailing list on which it existed.
In the event such email address cannot be found, client must report the
failure to identify and remove such address to the abuse department of
NoBaloney Internet Services by email to the proper abuse address.
Clients are responsible for ensuring that they, their customers, and their
respective agents and contractors abide by these policies and rules. Clients
will be held responsible for all email traffic either sent via their connection to
or through servers or services of NoBaloney Internet Services, or sent from
elsewhere using or referring to servers and services owned or provided by
NoBaloney Internet Services, including hosting websites, electronic mailboxes,
telephony gateways, IRC servers, sale of spamming software or other similar
7. Clients are prohibited from spamvertising any service, website
or server to advertise or promote themselves through Unsolicited Broadcast Email
and/or Unsolicted Commercial Email.
8. Clients are also responsible for ensuring that they do not
advertise or promote themselves through UBE/UCE.
9. If NoBaloney Internet services receives a UBE or UCE complaint, it will be forwarded
to client for a response and complete resolution. If within twenty-four (24) hours
there is no response indicating complete resolution according to these terms, then
NoBaloney Internet Services may block Services provided to client involved in the complaint
until NoBaloney Internet Services is convinced that the problem is resolved and preventative
measures have been implemented to prevent the violation from recurring. If NoBaloney Internet
Services receives repeat complaints indicating that a problem has not been resolved, then
NoBaloney Internet Services may immediately suspend all services until either the current
term has ended or the problem has been resolved.
10. If the problem has not been resolved by the end of the current term then NoBaloney
Internet Services may decide at it's own discretion, that the term should not be renewed and
the service(s) and any contract pertaining to the service(s) shall not be renewed, and that
all data and/or other property belonging to the client may be returned to the client or
destroyed, at NoBaloney Internet Services's sole discretion.
11. The client is responsible for all UBE and/or UCE that passes through NoBaloney
Internet Systems servers and/or services contracted by said client.
12. . Clients running one or more mailservers must maintain a mailbox and
read mail to postmaster@(your domain), and to abuse@(your domain).
NOTE: NoBaloney Internet Services reserves the right to immediately terminate any
account in violation of these policies. NoBaloney Internet Services will attempt to
first warn the client under a strict one-warning policy regarding any
violation of these terms, but may immediately suspend or terminate
client's account without notice if the violation is of such nature
that NoBaloney Internet Services connection to the Internet, system security,
reliability, privacy, image and/or reputation are affected.
Clients are and remain fully responsible for any use and/or misuse of
any software installed by client on client website or elsewhere to
be used in conjunction with client website. If such software, including
but not limited to cgi form-to-email software, is used or exploited by
anyone for any purpose prohibited in these terms of service, then client
shall be fully responsible for breach of these terms of service, just as
if client has performed the breach.
NoBaloney Internet Services reserves the right to, on it's own discretion,
block traffic to and from any servers and/or services involved in hacking,
phishing, port scanning, offering of illegal software or content, or any other
Client's services hosted on NoBaloney Internet Services may not be advertised by any
means prohibited under this agreement if performed on our servers
and/or network, including, but not limited to, advertising by spam or
unsolicited commercial or non-commercial bulk email, or by broadcast
fax which would be illegal under Nevada law, regardless of where
the services are contracted, used or originate.
Furthermore, such services may not be advertised via deceptive marketing
policies or in direct violation of U.S. or Nevada law.
1. Clients may not permit the use of mail services, mail forwarding
capabilities, POP accounts, or auto-responders other than for the
client's own account.
2. Shared service clients may not employ posts or programs that consume
excessive CPU or other system resources. NoBaloney Internet Services reserves the right
to suspend CPU intensive processes until such time as client may be
3. Clients may not run any IRC-bots and/or IRC-services off our server,
nor may they run proxy services which allow anonymous connectivity with
remote servers and services in the internet.
Violation of this section is grounds for immediate suspension of such
service and, after our good-faith effort to contact client and resolve
with client to our mutual satisfaction, permanent suspension of such
service, and additionally for assessment of other extra charges as set
forth in our current fee schedule and where and as permitted by
Client shall not use the offered service for any unethical or illegal
activity, or to transmit any text, data, graphics or other material in
violation of any civil or criminal law, including copyright and/or
trademark law, trade secrets and privacy acts. Client shall not use the
service to transmit or receive or as a repository for any material
deemed illegal by any local, state, federal or international law. Client
shall not use the service to distribute or cause or allow to be
distributed any unsolicited or bulk email or what is commonly known as
spam, or to allow any address or URL under client's control but pointing
to any server or other facility owned, managed or controled by
NoBaloney Internet Services to be used either to disseminate or receive any data
relating to unsolicited or bulk email or spam. Client shall not advertise
by spam any site or business using facilities at NoBaloney Internet Services in such
manner as to direct any recipient of such spam to a site using any
facilities owned by or under the control of NoBaloney Internet Services.
Client shall not use our service or facilities to host or cause to be
hosted or as a repository for, any copyrighted material of any kind for
which the hoster does not own the copyright or have permission to host
Client shall not use our Internet connectivity service or facilities to
host or cause to be hosted or as a respository for, any material which
in any jurisdiction in the United States shall be considered to be "adult
only" material normally restricted from viewing or reading by minors.
Client affirms that none of the data which client causes or allows to
pass through or exist in any server or any facility owned, operated or
under the control of NoBaloney Internet Services interferes with any intellectual or
other property rights of any third party, or is being used for any
illegal purpose. Client may not use any email addresses or mailboxes
supplied by NoBaloney Internet Services in message headers of any messages, whether
sent by this service or by any other method, when such usage would imply
to anyone that NoBaloney Internet Services or NoBaloney Internet Services' servers or services were or
are being used for such improper use as prohibited in this section, nor
may client refer to any NoBaloney Internet Services hosted facility as a destination
for any receiver of any unsolicited commercial email or spam.
Material and Product Requirements:
1. Clients must ensure that all material and data placed on
NoBaloney Internet Services equipment is in a condition that is "server-ready," which
is in a form requiring no additional manipulation on the part of NoBaloney Internet Services.
We shall make no effort to validate client content for content,
correctness or usability.
2. NoBaloney Internet Services does not allow "adult content hosting" of any kind
on our shared hosting servers.
3. NoBaloney Internet Services reserves the right to reject any material in violation
with these Terms and to remove it from our servers or disable it from
being activated. NoBaloney Internet Services will notify the client as soon as
practicable of such removal and afford the client the opportunity to
amend or modify the material to satisfy the needs and/or requirements of
NoBaloney Internet Services.
4. NoBaloney Internet Services will not return to the client any material which would
incur liability for handling, such as, but not limited to, child
pornography, but will destroy such material or make it available to
law-enforcment authorities under U.S. or Nevada law.
5. Use of the NoBaloney Internet Services facilities, products, offerings and services
requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This level of
knowledge varies depending on the anticipated use and desired content of
the client's Web space. Clients must have the necessary knowledge to
create and maintain a Web space. It is not the responsibility of
NoBaloney Internet Services to provide this knowledge or client support outside of the
service defined in the Service Agreement.
Charges for Unauthorized or Uncontracted Use:
1. Unauthorized "parking" of your domains, by pointing them at our
name-servers or by other means, when not done under agreement with us, shall
be charged at the rate of us$1,000 per year or part thereof.
2. Unauthorized assignment of any of our personell or any email account
as Technical Contact with any registrar, when not done under agreement
with us, shall be charged at the rate of us$1,000 per year or part thereof.
3. Spam sent through our servers or originating on our servers, or
referring to sites on our servers, will be charged for at the rate of
us$10 per spam email, plus any hourly costs involved in cleaning our
servers of said spam, processing any notices of received spam, any
system repair necessitated by such spam, and any correspondence we
must enter into, to protect and/or restore our reputation as damaged
by such spam, such hourly rate to be us$100 when performed during regular
weekday business hours, us$150 per hour when performed after hours,
and us$200 per hour when performed on weekends and national holidays.
1. NoBaloney Internet Services will not sell or knowingly disclose its client lists or
client email or listserv address lists. We will attempt to protect the
privacy of our clients and their information that is stored on our
network. NoBaloney Internet Services will only access and disclose information as
necessary to comply with applicable laws and government requests, to
operate and maintain our systems and services, or to protect ourselves or
2. NoBaloney Internet Services will not monitor or disclose the contents of a client's
private email messages or website unless required by court order or law.
We will cooperate with legal authorities of proper jurisdiction and will
comply with all properly served legal requests for information, and will
notify proper authorities if and as required by U.S. or Nevada law.
THE USAGE POLICY DEFINES THE ACTIONS WHICH NoBaloney Internet Services CONSIDERS TO BE
ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS
POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO
NoBaloney Internet Services'S CLIENTS. NoBaloney Internet Services reserves the right to suspend or
terminate any service used by any client in violation of this policy, and
to charge such fees as disclosed under our current fee schedule as earned
for any required effort to fix, repair or restore any NoBaloney Internet Services
services, products or facilities damaged by such abusive usage.
If you are unsure whether any contemplated use or activity is
prohibited, please send e-mail to our customer service department
email@example.com and we will assist you.
NoBaloney Internet Services must further limit any exceptions made to the Usage Policy
as secondary in regards to server and network security, performance and
integrity. Any user, regardless of exception status, may have his or her
service disabled if it is interfering with our servers or network.
Specific questions about this policy should be sent via e-mail to
firstname.lastname@example.org Reports of activity in violation of this
policy may be sent via e-mail to
By it's very nature, the Internet is a non-guaranteed and insecure
medium for dissemination of data and/or information. For this and other
reasons, NoBaloney Internet Services will not be liable under any legal theory, tort,
contract, or otherwise, for any indirect, special, incidental, or other
damages, including but not limited to, loss of data, delay, misdelivery,
or service interruption, whether or not caused by your negligence or that of NoBaloney
Internet Services or the negligence of any other entity or carrier involved in
the distribution of any data existing in, or passing through, or which
should have existed in or passed through, any NoBaloney Internet Services servers or other
server, network, or facility. In no event will NoBaloney Internet Services be liable
for any damages in excess of any payment we've received from you for the
service. Some states or jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so this limitation
and exclusion may not apply to you.
Client agrees to use all NoBaloney Internet Services Products, Services and
facilities, and any information obtained through or from NoBaloney Internet Services, at
client's own risk. Client acknowledges and understands that neither
NoBaloney Internet Services, nor any of its employees, representatives, agents or the like,
warrant that the Products and Services offered or provided hereunder will be
uninterrupted or error-free, nor do they make any warranty or representation
as to the results that may be obtained from the use of the Service or as to
the accuracy, reliability or content of any information service or
merchandise contained in or provided through the Service, unless
otherwise expressly stated in this Agreement. NoBaloney Internet Services specifically
disclaims all warranties of any kind, including, without limitation, the
warranties of title, merchantability, and fitness for a particular
purpose, whether expressed or implied, for the Service it is offering or
Some states or jurisdictions do not allow the exclusion or limitation of
such exclusions, so this disclaimer may not apply to you, and you may
have other rights, varying by jurisdiction.
You agree to indemnify and hold NoBaloney Internet Services harmless from any claim or
demand, including attorney's fees, made by any third party, due to or
arising out of, your use of NoBaloney Internet Services facilities, servers and/or
services at any time, whether or not covered elsewhere in this
agreement, including but not limited to any threatening, libelous,
obscene, harassing or offensive material contained in any of your emails
or other communication, and or unsolicited commercial email or spam.
When and if any such use is made of NoBaloney Internet Services services, network,
facilities and/or addresses, in addition to any and all other remedies
(including account termination), fees will be assessed as shown in our
current fee schedule. Such charges will become immediately due and
payable upon assessment. Additionally to any fees referenced herein, if
NoBaloney Internet Services suffers any financial loss either directly or indirectly
due to any act or omission by you, you agree to fully indemnify
NoBaloney Internet Services against such financial loss.
Revisions to Agreement:
NoBaloney Internet Services reserves the right to make any changes to this agreement at
any time, and to notify you of such changes by posting said new or
modified agreement to our website, and by emailing you a link to the
new or modified agreement. Your continued use of the service after thirty
days after we post such new or modified agreement and send such email
constitutes your acceptance of the revised terms.
Any notice to NoBaloney Internet Services shall be made in writing by either certified
mail, to our corporate office:
848 North Rainbow Blvd., Suite #3789
Las Vegas, NV 89107-1103
or by email to
except for notice of account termination, which should be made to
Any notice to you shall be
made in writing, either by certified mail to your contact address, or
by email to your contact email address, as you supply as part of your
Either party may terminate the contract at any time by thirty days
notice (as defined above) given the other party. Upon termination, your
right to use any terminated services ceases. In the event of termination
by email, NoBaloney Internet Services shall make every effort to determine that the
notice indeed comes from you, and to contact you before the termination
takes effect, but in any event, NoBaloney Internet Services shall not be liable for any
improper termination of service caused by forged email headers or other
forgery. In that event, your sole remedy shall be to have the service
reinstated, and to not pay for the service for the time it was not
NoBaloney Internet Services may terminate the contract earlier for reason of nonpayment
of balances due as a result of the service agreement, when such balances
remain due after fifteen days from date of billing.
Any changes to this document may be made by posting changes to the
NoBaloney Internet Services website, and are effective immediately when published.
Should you not agree with this document or any part thereof, you may
discontinue using any NoBaloney Internet Services services at any time.
Statute of Limitations:
No action, of any form, and for any reason, arising out of, or in any
way related to, this agreement, shall be undertaken by either you or
NoBaloney Internet Services after two years from the cause of action has arisen.
This constitutes the entire agreement between the parties. It supercedes
any and all prior agreements. It cannot be changed except by revision as
explained above, or by written exception and/or additions signed to
personally by an officer of NoBaloney Internet Services and by you or an officer and/or
principal of your company, if any.
If any provision or part of any provision of this agreement shall be
found at any time in the future to be invalid or unenforceable, such
provision shall be stricken from the agreement, but shall have no other
effect on the balance of the agreement, and the agreement, unless
revised, will continue in full force and effect.
You and NoBaloney Internet Services agree that this agreement is considered to have
been made in the city of Las Vegas, in the county of Clark, in the
State of Nevada, in the United States of America. You and NoBaloney Internet
Services agree that this agreement shall be subject to, and if
required, adjudicated under, and that any action brought under, arising
out of, or in connection with this agreement or any breach or alleged
breach thereof, shall be brought in the city of Las Vegas, the county of
Clark, the state of Nevada, in the United States of America.
The paragraph-headers in this agreement are included for convenience
only, and are not to be considered as limiting the subject matter of any
paragraph herein in any way, shape or form.