We take abuse, fraud, spam, and other illegal and harmful activities seriously. Nuehost.com take proactive steps towards identifying and addressing any suspected abuse. We take swift action against any user of our Services engaged in this type of behavior. Any violation of this Abuse Policy as determined in Company’s sole discretion, may result in the suspension or termination of the Customer account without a refund or compensation of any kind to Customer

1.  What is Abuse?

1.1      A List of Prohibited Activities

Abuse can take many forms, but includes anything harmful to others, whether or not it is illegal. The following list is illustrative, but by no means limiting. We make the determination of abuse in our sole discretion. By using our Services, you specifically agree not to use our Services for any of the following:

1. Activity in violation of any federal, state, local, or international law.
2. Engaging in or soliciting illegal activity, or activity that infringes on our rights or the rights of others.
3. Activity that could harm our services, customers, or vendors.
4. Spam (see our anti-Spam policy below).
5. Harassment of others after being asked to stop by us, the individuals, a court, or law enforcement.
6. Using foul or profane expressions with the intent to defraud, abuse, or harass another.
7. Promotes violence, hate, terrorism, destruction, or cruelty (see our Offensive Use policy below).
8. Impersonating another person or entity for fraudulent purposes.
9. Engaging any denial of service attack.
10. Promoting online abuse in any manner, including providing software and tools which supports such activities.
11. Phishing, distributing viruses or malware, running Botnet, or other types of network attacks.
12. Activities that include a proxy server or other traffic relaying program.
13. Reverse engineers or circumvents our API to obtain confidential information.
14. Activities which result in the blacklisting of our IPs by any online spam or abuse database.
15. Intellectual property infringement (see our Intellectual Property policy below).
16. Causing lossage or creating service degradation for other users, whether intentional or inadvertent.
17. Money laundering schemes; financial fraud; credit card abuse.
18. Illegal distribution of controlled substances, including prescription medications without a prescription.
19. Child pornography or content that promotes the exploitation of children. This includes anything that misleads minors into viewing sexually explicit material.
20. Hosting or storing any illegal content.
21. Violations of the Fight Online Sex Trafficking Act of 2017, or activities that promote prostitution, human trafficking, or slavery.
22. Unauthorized transfers of domains from one of our accounts or registered domain holders.
23. Any activity which interferes with this operation of this Site or the Services provided.
24. Anything that overloads our systems or APIs.
25. Pointing or directing traffic to any material associated with anything that violates this Abuse Policy or any of our terms of service.
26. Providing us with false information, impersonating another person or company, or representing that you are the agent of another person or company when you are not.

1.2      Reporting Abuse

Suspected abuse can be reported here: https://www.nuehost.com

2.  SPAM

2.1      Zero Tolerance Policy

We maintain a zero tolerance Spam policy. We will not allow our servers and Services to be used in any manner associated with the transmission, distribution, or delivery of Spam, or any communication that violates the U.S. CAN-SPAM Act of 2003 or the Telephone Consumer Protection Act. It is your obligation to stay in compliance with the law. You can learn more about the CAN-SPAM Act at https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Spam is not limited to emails. It could also include:

1. Newsgroup postings
2. Windows system messages
3. Pop-up messages (aka “adware” or “spyware” messages)
4. Instant messages
5. Online chat room advertisements
6. Guestbook or Website Forum postings
7. Fax Solicitations
8. Text Messages

The above communications may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address, phone, or fax number. Failure to provide such proof may be taken by us as evidence that our Spam policy has been violated.

2.2      Spam Prohibited

You may not use any of our services or network to send Spam. In addition, email sent or caused to be sent to or through our network or services may not:

1. Use or contain invalid or forged headers;
2. Use or contain invalid or non-existent domain names;
3. Employ any technique to otherwise misrepresent, hide, or obscure any information in identifying the point of origin or the transmission path;
4. Use other means of deceptive addressing;
5. Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
6. Contain false or misleading information in the subject line or content;
7. Fail to comply with additional technical standards described below;
8. Otherwise violate our Abuse Policy, Terms of Service, or any other policy.

We do not authorize the harvesting, mining, or collection of email addresses or other information from or through our network. We do not permit or authorize users to use our network or services to collect, compile, or obtain any information about our subscribers or users, including but not limited to subscriber email addresses, which are our confidential and proprietary information. Use of our network or services is also subject to our other policies.

Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for the open mail relay operation.

Subscribers are prohibited from providing services for web sites that have been involved in spam, including, but not limited to hosting web sites, or providing DNS services or web site redirect services.

It is a violation of this policy to commission a third party to send email that is in violation of this policy or of applicable law, even if that third party does not use our systems, networks, or resources. Email not in compliance with this policy – regardless of source – which contains any reference to a site hosted by us or contains any reference or link to our network or system is prohibited.

2.3      Reporting Abuse

Suspected abuse can be reported here: https://www.nuehost.com

We monitor all traffic to and from our web servers for indications of spamming by both third party and internal review of domains for fraud and spam. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. We assume spam complaints are valid unless we are provided with credible information to the contrary. If we determine there is a problem with spam, we will immediately suspend, terminate or cancel any offending web site or account sending spam.

2.4      Penalties for Abuse

If your account is found to be in violation of this policy, we may, without notice, block messages from a particular internet domain, mail server, or IP address; immediately re-direct, suspend, terminate or cancel any account or service. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, or services are reactivated. In the event we determine the abuse has not stopped after Services have been restored the first time, we may terminate any and all Services associated with your account without refund.

In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $500 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account, whichever amount is greater.

Unauthorized use of our network in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030, et seq.) and other state and federal laws.

Nothing in this policy is intended to grant any right to transmit or send email to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of our rights.

3.  Intellectual Property

We support the protection of intellectual property. If you would like to submit (a) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which you hold a bona fide copyright, please refer to our DMCA Takedown Policy.

If we receive a proper notice of infringement of copyright, trademark or other intellectual property, we reserves the right to access, preserve, and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Our Content”), are owned by or licensed to us in perpetuity, and are subject to copyright, trademark, or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Our Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our express prior written. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Our reserves all rights not expressly granted in and to the Our Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

4.  Offensive Uses

We do not engage in the selective censorship of domains people wish to purchase. However, certain offensive domains and services are not allowed to be purchased through our system. We reserve the right to not list domains that violate our policy, or to cancel orders that violate our policy.

Offense domains are those that, in our sole discretion, promote or praise:

•           Hatred;
•           Violence;
•           Child pornography; or
•           Racial or religious intolerance.

Despite our best efforts, it is impossible for us to monitor and verify all of the Services that are bought, sold, and parked with us every year. Therefore, if you would like to report a domain that violates our policy you can submit a report here: https://www.nuehost.com. Please include the domain in question and the date, time, and location where you noticed the violation.

5.  What Happens if We Suspect Abuse?

5.1      How do we Monitor Abuse?

Your Services may be screened by third-parties, internal reviews, or both. If any of our filters, whether automated or manual, detect suspicion of abuse, your purchase may be suspended or placed on hold. Other domains and Services on the same customer account may also be suspended.

5.2      What happens when an account is suspened?

We have the sole discretion to determine what is abuse under our policy and the appropriate corrective action. Our decision to act is final, and we are not liable for any damages arising from our decision to identify an action as abusive. By ordering products through our service, you are accepting the risk of loss of your purchases.

5.3      How to I resolve a suspended account?

If your purchase has been suspended for suspected abuse, you may submit a ticket to our abuse team at https://www.nuehost.com. Resolution depends on how it was suspended. If your domain was flagged by a third-party service, you will need to contact them in order to resolve the dispute. We will provide the third-party service contact information.

If your domain was flagged by us, then we will require additional information. At a minimum, that will include:

1. The purpose of your domain registration
2. Government issued photo ID
3. Proof of address
4. Correct phone number with bill.

We may require additional information until we are satisfied that an abuse of policy will not occur. If a suspended domain is not resolved, or we feel that it is still a violation of our policies, then we will provide you with the domain transfer code. You may use that to transfer the domain to another provider. We do not provide refunds for domains once they are submitted.

6.  Reservation of Rights

We expressly reserve the right to refuse services to anyone upon our discretion. Any material that in our judgment violates our policies will be removed from our servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund.

We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason, including but not limited to the following:

1. to correct mistakes made by us in offering or delivering any Services;
2. to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar;
3. to assist with our fraud and abuse detection and prevention efforts;
4. to comply with court orders against you or your domain name or website and applicable local, state, national and international laws, rules and regulations;
5. to comply with requests of law enforcement, including subpoena requests;
6. to comply with any dispute resolution process;
7. to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
8. to avoid any civil or criminal liability on our part, our officers, directors, employees and agents, as well as our affiliates, including, but not limited to, instances where you have sued or threatened to sue us; or
9. to respond to an excessive amount of complaints related in any way to your Account, domain names, or content on your website that could result in damage to our business, operations, reputation, or partners.

We expressly reserve the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

We expressly reserve the right to terminate, without notice to you, any and all Services where we believe you are harassing or threatening us or any of our employees.