The use of services from Joel W. Nelson DBA Cornhusker Tech [hereafter referred to as "Cornhusker Tech"] constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
We will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content
All services provided by Cornhusker Tech may only be used for lawful purposes. The laws of the State of Nebraska and the United States of America apply.

The customer agrees to indemnify and hold harmless Cornhusker Tech from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), nudity, pornography, sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via e-mail and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Adult content including pornography is likewise forbidden on any Cornhusker Tech account.

Your services may be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy 
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Cornhusker Tech reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Cornhusker Tech reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Cornhusker Tech.

4.) Payment Information 
You agree to supply appropriate payment for the services received from Cornhusker Tech, in advance of the time period during which such services are provided. You agree that until and unless you notify Cornhusker Tech of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Cornhusker Tech, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Cornhusker Tech provides a 20 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 20 days and not paid will result in a 10% finance charge, compounded monthly, and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, pleasecontact us.

Cornhusker Tech reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss 
Your use of the service is at your sole risk. Cornhusker Tech is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Cornhusker Tech servers.

6.) Cancellations and Refunds
Cornhusker Tech reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time; however, refund availability may be limited. Cornhusker Tech gives you an unconditional 30 day money back guarantee on hosting accounts. There are no refunds on setup fees, design fees, website development, technical support, install fees for custom software, or domain name purchases. Refund requests after the initial 30 days will be refunded on a prorated basis of any unused time. A 10% service charge will be deducted from any refund amount due to cancellation of a hosting account that has been prepaid for a period longer than one month.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage 
User may not: 
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network. 
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES 
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage 
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee 
We reserve the right to refund a prorated amount or no refund at all.

Each of Cornhusker Tech's hosting plans carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount, with the exception of 12 and 24 month prepaid plans, which carry a 10% cancellation fee deducted from the refund. No refund shall be granted in case of account suspension or cancellation due to violation of the Terms of Service.

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Cornhusker Tech dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact us with justification. All requests must be made in writing via email.

10.) Reseller Policy
You may not resell web hosting to other people.

11.) Price Change
We reserve the right to change prices listed on cornhuskertech.com, and the right to increase the amount of resources given to plans at any time.

12a.) Indemnification 
Customer agrees that it shall defend, indemnify, save and hold Cornhusker Tech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Cornhusker Tech, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cornhusker Tech against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cornhusker Tech; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Cornhusker Tech's server.

12b.) Arbitration
By using any Cornhusker Tech services, you agree to binding arbitration. If any disputes or claims arise against Cornhusker Tech, such disputes will be handled by an arbitrator of Cornhusker Tech's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer 
Cornhusker Tech shall not be responsible for any damages your business may suffer. Cornhusker Tech makes no warranties of any kind, expressed or implied for services we provide. Cornhusker Tech disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Cornhusker Tech.

14.) Disclosure to law enforcement
Cornhusker Tech may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

15.) Changes to the TOS 
Cornhusker Tech reserves the right to revise its policies at any time without notice.

16.) Superiority
These terms of service shall have precedent, priority, and superiority over any other contract between Cornhusker Tech and the client. No other contract shall nullify or modify any of the terms detailed in this TOS document. Any other contract wording which compromises these terms of service shall be considered lesser, invalid, and non-binding.

17.) Mail Policy
Click here to view the Cornhusker Tech mail policy as a separate document.

18.) Binding nature of the TOS
These Terms of Service have been publicly posted on the Cornhusker Tech website and shall be regarded as binding over all Cornhusker Tech clients, regardless of client claims to have not been informed or notified of these Terms of Service.