| Creation
Nation has a responsibility to protect each client and to provide the best services
available. The following guidelines were designed to ensure these obligations
are met. We reserve the right to change this Policy any time, so please, check
this page frequently or when in doubt. Subscriber understands that change to the
TOS or AUP by Creation Nation shall not be grounds for early contract termination
or non-payment. Please
review our Acceptable
Use Policy
too. Terms
of Service
Number one rule, we've never liked hidden charges so we don't have any. You host
with us, you will be happy. Follow our policies and you will be happy with the
Creation Nation web hosting community!! :o)
Creation Nation agrees to furnish services to the Customer, subject to the following
TOS (Terms of Service). Use of Creation Nation's services constitutes acceptance
and agreement to Creation Nation's AUP as well as Creation Nation's TOS (Terms
of Service).
This Agreement shall be construed in all respects in accordance with the laws
of the state of Illinois, county of McLean applicable to contracts enforceable
in that state. Venue will be McLean County, Illinois.
Disclosure to Law Enforcement: The TOS specifically prohibits the use of
our service for illegal activities. Therefore, Customer agrees that Creation Nation
may disclose any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who makes a written
request without further consent or notification to the Customer. In addition Creation
Nation shall have the right to terminate all service set forth in this Agreement.
Adult hosting is not allowed! We are a family friendly business that help promote
family friendly businesses.
Payments and Fees: Service will be interrupted on accounts that reach 5
days past due. Service interrupted for nonpayment is subject to a $10 reconnect
charge (individual hosting accounts). Accounts not paid by due date are subject
to a $15.00 late fee after 3 days and $5 after each day after. Accounts that are
not collectable by Creation Nation may be turned over to an outside collection
agency for collection. If your account is turned over for collection, you agree
to pay the company a "Processing and Collection" Fee of not less than
$50 nor more than $100. If you desire to cancel your account, please follow the
proper procedure as outlined in this TOS.
Failure to Pay: Creation Nation may temporarily deny service or terminate
this Agreement upon the failure of Customer to pay charges when due. Such termination
or denial will not relieve Customer of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must be made
in writing with at least 30 days notice but not more than 60 days prior written
notice and e-mail sent to billing@creation-nation.com.
You must have all account information to cancel. There are no refunds after the
first 30 days.
Customer acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of Creation Nation
and that damages resulting from any interruption of service are difficult to ascertain.
Therefore, customer agrees that Creation Nation shall not be liable for any damages
arising from such causes beyond the direct and exclusive control of Creation Nation.
Customer further acknowledges that Creation Nation's liability for its own negligence
may not in any event exceed an amount equivalent to charges payable by customer
for services during the period damages occurred. In no event shall Creation Nation
be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains
will be set up and entered into our DNS servers within 1 business day. Due to
unforeseen complications, however, this process may sometimes require up to 2
business days.
Transfer of Domains: If you select transfer domain it DOES NOT mean you
will switch from your current registrar to ours. It means you will be using a
domain you have registered elsewhere and will transfer the hosting services. You
will keep the domain where you registered it unless you give us permission to
move the domain registration to us. In that case please send an email to sales@creation-nation.com
Support Boundaries: Creation Nation, provides online technical e-mail support
to our customers but we reserve the right to answer emails within a 24 hour period.
Please check the Help files in our support area before contacting tech support.
For emergencies you may Instant message us at the following adresses: AIM - CreNationLive
& MSN - CNHostingLive.
SPAM and Unsolicited Commercial E-mail (UCE): Creation Nation takes a zero
tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM
over our network. Very simply this means that customers of Creation Nation may
not use our network to transact in UCE.
Violation of Creation Nation SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, Creation Nation will
initiate an immediate investigation (within 48 hours of notification). During
the investigation, Creation Nation may restrict customer access to the network
to prevent further violations. If a customer is found to be in violation of our
SPAM policy, Creation Nation may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, Creation Nation reserves the right to pursue
civil remedies for any costs associated with the investigation of a substantiated
policy violation. Creation Nation will notify law enforcement officials if the
violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee"
of $50 and your account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of $100 and
immediate termination of your account. Users who violate this policy agree that
in addition to these "Administrative" penalties, they will pay "Research
Fees" not to exceed $75 per hour that Creation Nation personnel must spend
to investigate the matter. PLEASE, DO NOT SPAM from your account.
Network
IP Address Ownership: If Creation Nation assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol address shall
belong only to Creation Nation, and Customer shall have no right to use that Internet
Protocol address except as permitted by Creation Nation in its sole discretion
in connection with the Services, during the term of this Agreement. Creation Nation
shall maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by Creation Nation, and Creation Nation reserves
the right to change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. The
use of IP addresses for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use name-based hosting
where possible. We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used, we will
revoke authorization to use those IP addresses that could be used with name-based
hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the Services ordered by
Customer on the Order Form. Creation Nation will monitor Customer's bandwidth
and disk usage. Creation Nation shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which actions may be
taken is in Creation Nation's sole and absolute discretion. If Creation Nation
takes any corrective action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such action. In the event that
a customer exceeds the included allocation, Creation Nation may, at its sole discretion,
collect a deposit, in an amount determined by Creation Nation, against customer's
credit card on file with Creation Nation.
System and Network Security: Users are prohibited from violating or attempting
to violate the security of the Creation Nation Network. Violations of system or
network security may result in civil or criminal liability. Creation Nation will
investigate occurrences, which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any
e-mail or forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage of massive
space or bandwidth allocations. Each hosting package purchased is unique to a
domain name and use - please do not purchase multiple "plan 1's" for
instance to get the combined bandwidth & space. Creation Nation will stop
such transactions and label them as deceptive. We have an upgrade path for all
services and we can often times work out special deals for users if they ask us
for the assistance.
Suspension of Service or Cancellation: Creation Nation reserves the right
to suspend network access to any customer if in the judgment of the Creation Nation
network administrators the customer's server is the source or target of the violation
of any of the other terms of the AUP or for any other reason which Creation Nation
chooses. If inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete. We offer a 30
day money back providing we failed to provide you with the service as outlined
for each individual hosting plan. However setup fee's are non refundable under
any cicumstances. Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity. The customer
will not be credited for the time the customer's machines were suspended.
Miscellaneous Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts are used, in
that order of preference.
Customer shall not transfer or assign this Agreement without the prior written
consent of Creation Nation. Creation Nation may assign Agreement at anytime without
consent from or notice to Customer. Company reserves right to cancel customer's
rights under this contract at anytime without further obligation.
Creation Nation takes no responsibility for any material input by others and not
posted to the Creation Nation Network by Creation Nation. Creation Nation is not
responsible for the content of any other websites linked to the Creation Nation
Network; links are provided as Internet navigation tools only. Creation Nation
disclaims any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation of this policy.
Responsibility for Content: You, as Creation Nation customer, are solely
responsible for the content stored on Creation Nation's servers. Please make back
ups of any additions to your site!
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