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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 Incorporated.
  • 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 interconnect.
  • 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 free expression.
  • To encourage the responsible use of Internet resources and to dis- courage practices which degrade the usability and quality of Internet resources.
  • 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.

PARTIES:

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.

SERVICE:

The service contracted for by you, to be supplied by NoBaloney Internet Services, is hereinafter to be known as the "Service".

ACCEPTANCE:

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 law.

DEFINITIONS:

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 delivered. 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.

Refunds:

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.

General Conduct:

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 services.

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:

Security:

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 of NoBaloney.Net.

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 criminal violations.

Email:

NoBaloney Internet Services has zero tolerance for Unsolicited Broadcast Email (UBE) and Unsolicited Commercial Email (UCE), commonly known as "spam".

1. 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.

2. 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 requested it.

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) is prohibited.

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 provider.

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).

Mailing Lists:

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 not obtained.

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.

6. 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 services.

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.

Software:

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.

Illegal Activity:

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 illegal activity.

Advertising:

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.

General Uses:

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 notified.

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 applicable law.

Illegal Uses:

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 said material.

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.

Privacy:

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 our clients.

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 at customerservice@nobaloney.net 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 customerservice@nobaloney.net Reports of activity in violation of this policy may be sent via e-mail to customerservice@nobaloney.net.

Liability:

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.

Warranty:

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 providing hereunder.

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.

Indemnification:

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.

Required Notice:

Any notice to NoBaloney Internet Services shall be made in writing by either certified mail, to our corporate office:

Qnito Incorporated
848 North Rainbow Blvd., Suite #3789
Las Vegas, NV 89107-1103

or by email to <support@nobaloney.net>, except for notice of account termination, which should be made to <billing@nobaloney.net>. 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 application.

Termination:

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 available.

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.

Changes:

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.

Entire Agreement:

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.

Severability:

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.

Governing Law:

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.

Headers:

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.