Terms of Service
Billing & Account Cancellation Policy
Generally your billing period starts on the 1st of each month. For each successive period, your contract is renewed automatically until we receive a completed account cancellation form. Your billing period is determined by the billing option you chose at the time of ordering. Your billing period also applies to any additional items and services ordered after the initial activation of you account. Fee(s) for such items and services will be prorated so that the start date matches that of the first domain.
npiCloud.com sends invoices on the 15th of each month via e-mail to the e-mail address you provided when you signed up for your account. npiCloud.com invoices exclusively via e-mail. We DO NOT send out invoices via postal mail or any other format.
All payments are due prior to the beginning of the month before service is rendered. All credit cards are billed automatically on your renewal date. If you wish to pay your account by a method other than credit card please ensure your payment is in our office before the 1st of the month and your credit card will not be billed. For your convenience we accept Visa / Mastercard / American Express / Personal or Business Cheques / Money Orders / Interac Money Transfer and PayPal.
Personal or Business Cheques / Money Orders can be sent to the following address:
Northern Protocol Inc.
331 Bayfield St.
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given 5 day grace period after which the account is put on suspension. We reserve the right to charge a reactivation fee of $25.00 per account as well as payment of the balance due in full. All past due accounts are subject to a 2% per month interest fee.
All account cancellation requests must be via your online account manager “client area” at: http://accounts.npicloud.com; account cancellations submitted via fax, phone, e-mail or the help desk will not be accepted or considered valid regardless of what any staff member may imply. Please ensure that you have backed up your data before you submit the account cancellation form; any attempt to access your account after your account cancellation request date is considered use of the account and therefore will result in additional billing.
Please follow the simple steps below to request a cancellation:
Go to: http://accounts.npicloud.com and log in using your billing email address and password. Your password can be emailed to the main email address listed on the account by clicking on the “forgot password” link.
When you have logged in to your client area, click on: My Products & Services.
Then click on the icon beside the service that you wish to cancel.
At the bottom of the page you will see a button labelled “request cancellation”. Click this button and submit your request.
Upon completing a cancellation request, you will receive a confirmation e-mail for your records. This will ensure that both our customer service team and you (the customer) are on the same page and all account cancellation requests will be date and time stamped to protect the customer should we be busy and not able to process your cancellation immediately. You MUST keep this e-mail as it is your proof that your account was cancelled.
We have developed this process to ensure that there are zero assumptions and all account cancellations are handled without any confusion.
To cancel a domain registration, the process is similar:
Go to: http://accounts.npicloud.com and log in using your billing email address and password.
When you have logged into your client area, click on: My Domains
Then click on the icon beside the domain you wish to allow to expire and not renew.
Half way down the page, there is a button labelled “Disable Auto Renew”.
Click this button if auto renew is enabled for your domain. This will stop future automatic billing for your domain and allow your domain to expire unless you request for it to be renewed.
Account Cancellation & Outstanding Account Balances
If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid when the account is closed. If we do not receive payment on the remaining balance at that time, we will begin efforts to collect any fees owed. We apply a $25.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies.
30 Day Money Back Guarantee
All website hosting accounts come with a 30 day money back guarantee; should you be unhappy with your account for any reason and wish to cancel your website hosting account we will refund 100% of your regular monthly hosting fee(s). We do not refund domain name registration fees under any circumstances. The 30 day money back guarantee starts the day that account is signed up for and expires on the 30th day at midnight.
npiCloud.com does not issue any refunds for any account over thirty (30) days old.
Setup fees, when applicable, are non-refundable. You are obligated to pay for your account even if you do not use it because we have provided you with usernames, passwords, DNS entries, and an IP address; therefore you have the ability to use your account. The fact that you do not do so is not relevant – you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.
Credit Card Disputes
If client disputes justified charges by provider on his credit card, npiCloud.com has the right to charge a $50 administration fee and immediately discontinue service.
Service Level Agreement (SLA)
npiCloud.com endeavors to have the content of customer’s website available for http access by third parties 99.9% of the time (“website availability”), in a given month, excluding the restrictions below. Website unavailability (downtime) exists when third parties are unable to transmit and receive http data and npiCloud.com records such failure within its monitoring systems. Website unavailability (downtime) is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive http data.
Should a customer’s website become unavailable for a cumulative period up to one hour in any one calendar month, Customer may be eligible to receive a credit equivalent to one day of Customer’s pro-rated recurring monthly fees for that month.
Customers may receive an additional refund of one day of the pro-rated recurring monthly fees for each additional hour, or portion thereof, of website unavailability. All credit calculations will be based on website unavailability in one-hour increments. The above agreement does not cover outages caused by equipment and/or events not under the direct control of npiCloud.com or caused by individuals not directly employed by npiCloud.com. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance.
Any and all credit(s) to a customers account will not exceed 50% of the customer’s recurring monthly fees for the month in which the credit is issued.
npiCloud.com will maintain its network in such a manner as to provide to all customers the best possible performance to the Internet. In order to achieve this npiCloud.com makes the following guarantees to all onsite Internet customers:
- 100% guaranteed uninterrupted transit to the Internet
- Zero packet loss internal to npiCloud.com network
- npiCloud.com internal network will have an average latency of not greater than 50ms (inter-city)
- npiCloud.com will deliver all Customer traffic to an Internet carrier with an average latency not greater than 150ms (inter-city)
In addition to the above performance guarantees npiCloud.com will take all possible measures to ensure all Customer traffic reaches its destination in a timely fashion comparable and within reason to any other carrier in the area. These measures include the manipulation of routing tables so as to direct traffic to the Internet using its best possible upstream link.
In order for customer to receive a credit on their account, customer must request such credit within five (5) business days after the customer has experienced website unavailability (downtime). Customer must request credit by sending an e-mail to our billing department at email@example.com. The body of this message must contain customer domain name, the dates and times of the start and finish of the website unavailability and the trouble ticket number associated with their website unavailability for identification. Credit(s) will usually be applied within sixty (60) days of customer credit request. Credit(s) to customer account will be customer’s sole and exclusive remedy in the event of website unavailability (downtime).
In order for the customer to be eligible to receive credit(s) the customers account must be paid in full at the time of requesting credit(s) and at the time of website unavailability.
Credit(s) will not be provided to customer in the event that customer has website unavailability resulting from (i) scheduled maintenance as posted from time to time via e-mail bulletins and at npiCloud.com, (ii) customer behavior including acts or omissions of customer, or any use or user of the service authorized by customer, or the performance or failure of customer’s equipment, facilities or applications, or customer’s ISP or connection to the internet, or (iii) circumstances beyond npiCloud.com’s reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of customers’ service.
Acceptable Usage Policy (AUP) & General Terms of Service
npiCloud.com is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. npiCloud.com will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact firstname.lastname@example.org
Customer agrees to use npiCloud.com’s services only for lawful purposes, in compliance with all applicable federal, provincial, state or government law. Specific activities that are prohibited include, but are not limited to:
- Threatening harm to persons or property or otherwise harassing behavior.
- Violating Canadian export control laws for software or technical information.
- Misrepresenting or fraudulently representing products/services using Customer’s account.
- Transmission, distribution or storage of any material in violation of any applicable law or regulation.
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
- Facilitating, aiding, or encouraging any of the above activities, whether using npiCloud.com’s network or service by itself or via a third party’s network or service.
- Interference with a third party’s use of npiCloud.com’s network or service, or ability to connect to the Internet or provide services to Internet users.
npiCloud.com will be the sole arbiter as to what constitutes a violation of this provision.
npiCloud.com does not permit adult oriented sites, pornography and sex-related merchandising to be stored, loaded or hosted in association with any accounts on our network. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
System and Network Security
Customer is prohibited from utilizing npiCloud.com services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
Specific activities that are prohibited include, but are not limited to:
- Use or distribution of tools designed for compromising security.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Violations of system or network security are prohibited, and may result in criminal and civil liability.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. npiCloud.com shall be the sole arbiter of what is considered to be a high server usage level.
Background Running Programs and Cron Jobs
npiCloud.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
npiCloud.com does not allow IRC or IRC bots to be operated on our servers.
npiCloud.com performs daily back-ups on all servers to ensure critical files are never lost. However npiCloud.com is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of npiCloud.com’s service 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 web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of npiCloud.com to provide this knowledge or support outside matter specific to npiCloud.com servers.
The client is responsible to keep npiCloud.com account information up to date and accurate at all times, this includes but is not limited to:
Phone & fax number
UCE (Unsolicited Commerce Email) – SPAM
Spamming, or the sending of mass unsolicited email, from or through a npiCloud.com server or using an email address that is maintained on a npiCloud.com machine is STRICTLY prohibited. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside npiCloud.com’s network. npiCloud.com will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP, but channeling activities through a npiCloud.com server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine per SPAM message and will face an immediate suspension. See our SPAM Policy for more details.
Any attempts to undermine or cause harm to a npiCloud.com’s server or customer of npiCloud.com is strictly prohibited.
Any sub-networks of npiCloud.com and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
npiCloud.com’s shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact email@example.com for special arrangement.
npiCloud.com will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. npiCloud.com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. npiCloud.com’s customer service staff take every step to help ensure your domain name will not expire; however it is the customers sole responsibility for domain name registration, renewal and confirmation.
Actions Taken by npiCloud.com
npiCloud.com in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. npiCloud.com may block access at the router level to Customer’s Equipment involved. If npiCloud.com believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer’s Equipment, and the suspension or termination of Customer’s services under this Agreement. npiCloud.com may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
npiCloud.com reserves the right to modify this AUP at any time without notice.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Should you have any questions about this or any of our other policies please feel free to e-mail firstname.lastname@example.org or call us at 1-705-739-2-FIX (349).
Internet Service Availability
While we make our best effort to determine what level of Internet service is available at your location prior to ordering, we make no guarantee that level of service is available. If the desired level of service is not available in your area you, at your discretion, may cancel your order without penalty or decide amongst the packages available in your area.
There are many factors impacting the performance of Internet service. Many of these are outside of our control. As such we do not guarantee a speed of data throughput. While we maintain optimum performance of equipment within our control, we can only guarantee that your connection will perform up to the rated speed stated.
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website, including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by Northern Protocol Inc., is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Northern Protocol Inc.. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content without Northern Protocol Inc.’s written consent.
Permission for such uses may be granted on a case-by-case basis at the sole discretion of Northern Protocol Inc.. A usage fee may be assessed depending on the type and nature of the proposed use.
By downloading, printing or otherwise using text, images, audio and video clips and other content from this website, users agree and warrant that they will limit their use to fair dealing and will comply with all other terms and conditions of this website, and will not violate the rights of Northern Protocol Inc. or any other person or entity.
Northern Protocol Inc. makes no warranty, representation or covenant that use of the text, images, audio and video clips and other content displayed on or available through this website will not infringe the rights of third parties other than Northern Protocol Inc.. Furthermore, Northern Protocol Inc. makes no warranty, representation or covenant that the Northern Protocol Inc. web-site and any text, images, audio and video clips and other content accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using this website or any materials from it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NORTHERN PROTOCOL INC. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEB SITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT WHERE NORTHERN PROTOCOL INC. SPECIFIES OTHERWISE EXPLICITLY IN WRITING.
Limitation of Liability and Indemnity
Northern Protocol Inc. and npiCloud.com customers agree to indemnify and hold harmless Northern Protocol Inc. and npiCloud.com from any claims resulting from the use of our services that damages them or any other party. The npiCloud.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. npiCloud.com expressly disclaims any representation or warranty that the npiCloud.com service will be error-free, secure or uninterrupted. No oral advice or written information given by npiCloud.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. npiCloud.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
IN NO EVENT WILL NORTHERN PROTOCOL INC. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principals of conflicts of law. The parties irrevocably agree that the Courts of Barrie, in the County of Simcoe, Ontario, Canada shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Barrie, Ontario Courts
Northern Protocol Inc. and npiCloud.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice.