Clients of NextGen must agree to the following Terms of Service:
Service Level Agreements
NextGen’s Service Level Agreements (“SLAs”), as well as the terms and conditions for each one, can be found at this link.
Refund & Chargeback Policy
NextGen’s Money Back Guarantee, as well as the terms and conditions for it, can be found at this link. After thirty days, all services provided by NextGen are non-refundable. If a client has questions about an invoice, or if they would like to dispute an invoice, they should contact NextGen’s Billing Department through the NextGen FrontDesk. NextGen Billing will work with the client to sort out any discrepancies.
Please note that disputing the charge(s) with PayPal or a credit card company before (or during) the process of contacting our billing department will likely result in the client’s hosting account being suspended and/or terminated. NextGen also reserves the right to charge a variable fee of up to one hundred dollars (“$100”) if a customer intentionally issues a chargeback on a credit card or PayPal account charge for hosting services. NextGen will always assign a trained member of our billing department to work one-on-one with clients to sort out billing issues.
Account Cancellation Policy
Clients must submit account cancellation requests at least 9 (“nine”) days before the next recurring invoice is due in order to have service canceled during the same billing month. If this condition is not met, the client agrees that their account will be billed again for the full amount the next month. All account cancellation requests must be emailed to email@example.com. Requests are then reviewed by a NextGen Accounts Manager before being canceled, and, if approved, an automated cancelation process will begin which will cause all data the client has stored on our servers to be permanently destroyed. It is the responsibility of the client to locally backup any data they would like to keep off of their account before requesting cancellation; once an account termination request is processed, all client data is automatically, promptly, and permanently removed from NextGen servers.
We reserve the right to refuse, cancel, or suspend service at our sole discretion; however, we will not cancel an account without a valid reason. Instead, we will notify the client with a reason for the cancellation and give them fair notice to backup their data and move their hosting services to another provider. If a reason is not provided for an account’s termination, NextGen will refund that account’s remaining monthly balance in a payment not to exceed fifty dollars (“$50”). Unless otherwise noted, accounts will not be refunded for an account suspension caused by a violation of the Terms of Service or Acceptable Use Policy.
Fees for domain registration and account, product, and/or service setup fees are not refundable.
Appropriate Service Usage
Pursuant to NextGen’s Acceptable Use Policy, clients agree to use hosting services only for their intended purposes. Not abiding by the AUP or Terms of Service will constitue as a breach of this agreement and their account will be suspended and/or terminated.
Clients and website visitors agree that they may not reverse engineer, decompile, disassemble, or otherwise tamper with NextGen’s server software, FrontDesk client system, or any other intellectual property of NextGen. NextGen deploys advanced security monitoring software, and if a hacking or other reverse engineering or decompilation attempt is detected from a client, their account will be immediately and permanently terminated. If a breach is detected from a website visitor, their IP address will be reported to their internet service provider’s abuse desk and appropriate local, state and federal authorities. In both cases, legal action will be sought to severely punish the individual to the fullest extent the law allows.
Clients, as well as website visitors, are also prohibited from attempting to scan, penetrate, probe or otherwise test the vulnerability of the NextGen Network and NextGen Servers.
Data & Information Security
The client must agree to the fact that the internet and other information security mechanisms are inherently not secure. While NextGen makes every effort we can to ensure that the data our clients upload to their hosting accounts is kept secure, we can not guarantee the security of customer data on our servers from hackers or any other means. Therefore, clients should to maintain strict account passwords, which shall not be shared with anyone other than the primary account holder. NextGen encourages clients to change these passwords regularly.
Backups are performed regularly (weekly, as well as every eight hours) on NextGen servers to ensure any data loss is kept to a minimum in the event of a server emergency. However, NextGen is not to be held responsible in the case of missing, corrupted, damaged or otherwise unavailable backups. NextGen also assumes no responsibility for the loss of any data published, uploaded or otherwise stored on our servers at any time. It is the sole responsibility of the client to ensure that they maintain a second copy of any data stored on any servers in the rare event that data is lost and there are no other means for retrieval.
Legal Account Ownership
The name NextGen’s FrontDesk issues invoices to is who we consider to be the official account holder. If a client wishes to transfer their account to another entity, they must notify us prior to doing so by opening a Billing ticket in the NextGen FrontDesk and including the new account owner’s information. There is no charge for transferring the ownership of a NextGen account.
If a client exceeds their plan’s allotted monthly bandwidth, their account will automatically be suspended for that month, and then unsuspended the next month. This is an automated process and the only way to undo this hold is by upgrading the bandwidth quota for you account at an additional monthly fee published in the NextGen FrontDesk.
NextGen will make every effort to respond to support requests as fast as possible, and our support staff will treat clients with respect, courtesy and friendliness. In return, we ask the same from our customers when they create tickets or reply to them. If our support staff or support managers feel that a client is treating our staff in a rude or inappropriate manner, we reserve the right to ask them to move their site’s hosting services somewhere else, following a 14-day period for you to find another host. After this period, their account will be terminated.
The only valid way to contact NextGen’s support team is via email (to the support address listed on our contact us page) and the NextGen FrontDesk website. NextGen does not monitor social media sites for support requests and it is therefore the client’s responsibility to contact us through official methods only in order to receive a valid reply.
In order to protect the security of client accounts, NextGen staff reserves the right to confirm the identity of any person making changes to an account by asking a series of security questions on file for that account. As part of this regulation, we reserve the right to refuse support services to individuals who can not properly answer these questions when requested.
NextGen’s support staff will also gladly assist clients with the installation of any web software to a reasonable extent, however, we will not be held responsible for the accidental improper installation or mis-configuration of such software.
IP Address Ownership
All IP Addresses distributed to NextGen clients are the property of NextGen’s upstream service provider SoftLayer. SoftLayer is deemed the legal owner of IP addresses through ARIN (American Registry for Internet Numbers) allocations and all addresses are non-transferrable and are not for resale.
NextGen does not provide its services to residents or citizens of the following countries: Afghanistan, Algeria, Armenia, Bahrain, Burundi, Cameroon, Chad, China, Colombia, Congo, Cuba, Egypt, Haiti, Honduras, Iran, Iraq, Israel, Kenya, Kosovo, Lebanon, Libya, Mali, Mauritania, Niger, Nigeria, Pakistan, Russia, Saudi Arabia, Serbia, Somalia, Sudan, Syria, Thailand, Turkey, Ukraine, and Yemen.
Limitation of Liability
NextGen shall not be held responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, NextGen shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. In no event shall our liability exceed the price of the client’s termed billing payment.
Clients, as well as the public, must acknowledge that NextGen is not responsible for the content hosted on our client’s sites and that we do not endorse any content hosted on our client’s sites. NextGen is also not responsible for the business losses of our customers, on their sites or off of them. Finally, NextGen is to be held harmless and to be indemnified from any legal action which comes from our client’s use of our services.
Agreement To Terms
The client’s failure to agree with any part of this hosting agreement will constitute to the client’s sole misunderstanding. By being a customer of NextGen, you signify that you agree with the terms listed on this page. If you do not agree with this document, in full or in part, do not continue to use or sign up for services or products from us. In the event that this document is changed, it is the sole responsibility of the client to check this page and view the changed sections of this document.
Changes To This Document
We reserve the right to change this policy at any time, in part or in whole, without notifying users and/or visitors. It is the client’s sole responsibility to check this page periodically to ensure you stay in agreement with these terms.
Should you have any questions regarding these terms or you wish to report a violation of these terms by a NextGen client, send a detailed email to firstname.lastname@example.org. Our legal team will get back to you if your issue requires a response.