The following Privacy Statement discloses the information gathering and dissemination practices for NEXTZEN’ Network of Web sites (which we collectively refer to below as the “Site”).

Our Site, like most other sites, uses cookies to provide you with a more personalized and user-friendly experience. A cookie is a message that is sent to a browser from a Web server and stored on your computer’s hard drive. Cookies help us keep track of the size of our audience, the frequency of visits to our Site and the areas that are most popular. If a guest makes a purchase, cookies are used to keep the shopping cart active during the shopping process. We may also use cookies to help us deliver content or advertising specific to your interests, and to save your preferences or passwords so you don't have to re-enter them each time you visit our Site. Most browsers allow you to reject all cookies, but then your preferences, passwords and other information will not be saved, and you may have to re-enter information to use certain features of our Site.

We may use an outside ad company to display ads on our Site. These ads may contain cookies. While we use cookies in other parts of our Web site, cookies delivered through banner ads are collected by our ad company, and we do not have access to this information. NEXTZEN may also serve banner ads that contain cookies. We will only share such information with our advertisers and sponsors on an aggregate basis to determine the success of any given banner, logo or advertisement.

We may also log IP addresses for the purposes of systems administration or to report information in aggregate form to our advertisers (e.g., how many visitors logged in to our Web site). In some cases your IP address stays the same from browser session to browser session; but if you use a consumer Internet access provider such as AOL or Earthlink or VSNL, chances are that your IP address varies each session—thus making it effectively impossible for us to use your IP address (by itself) to determine who you are.

In general, we will not disclose your personal information to third parties except to the extent necessary to provide you with a requested service, or under circumstances required by law. We will disclose your personal information when we believe in good faith that any applicable law, regulation, or legal process requires it, or where we believe disclosure is necessary to protect or enforce our rights or the rights of another user. We also disclose aggregated user statistics in order to describe our services and reach to prospective partners, advertisers, and other third parties. However, aggregate data is not traceable to you specifically. We may use contractors to help us with our operations. Some or all of these contractors may access our databases of user information. These contractors will enter into an agreement with us that places restrictive provisions on their use and disclosure of all information they obtain through the relationship.

Specific uses of personal information that vary from this Privacy Statement (if any) may be found in the policies applicable to the service or feature you are signing up for. To the extent that you are notified of uses of your personal information that are different from those described in this Privacy Statement during your enrollment in any particular service, special program, contest or promotion, those uses will govern. For example, if you purchase a T-shirt from a specific celebrity fan site, that celebrity may be entitled to receive and use your personal information for limited purposes such as e-mailing you information about their next film or television appearance. Please be on the look-out for additional terms of service and privacy statements applicable to the services for which you sign-up or participate in.

The Site contains links and advertisements to other sites. If you click-through a banner ad or link and submit your information to that advertiser or site, you will be subject to their own privacy practices. NEXTZEN is not responsible for the privacy practices or the content of such other sites.

The Site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and that if you disclose personal contact information in these areas, others may use it to send you unsolicited messages. We do not control the actions of our guests and registered members. NEXTZEN encourages our users to be smart about choosing when, and to whom to release information online.

Of course there are many other ways we conceivably could get information from or about you that are not described elsewhere in this Statement. For example, you might email us through one of our customer service email addresses, or we may get a complaint about you from a third party. Our practices with respect to such information are pretty much as you’d expect -- we use and disclose this information in a commercially reasonable business manner.

This site has industry consistent security measures in place to protect the loss, misuse, and alteration of the information under our control. But since the Internet cannot be made absolutely secure, NEXTZEN assumes no liability for disclosure of data due to errors in transmission or unauthorized third parties.

If you are a minor under 12, you are prohibited from submitting any personal information to us.

Our site provides users the opportunity to opt-out of receiving promotional/marketing information from NEXTZEN and our partners. We also provide instructions for how to unsubscribe to future mailings at the bottom of each communication. Please remember to check the registration screens applicable to the service or promotion for which you are signing up for specific instructions from our partners on how to update your user profile and/or opt out of receiving offers and mailings.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: support@nextzensol.com

By using the Site, you signify your acceptance of this Privacy Statement. If you are not comfortable with any policy described in this Privacy Statement, you may feel free to e-mail us with questions or concerns, but your only remedy is to discontinue use of the Site. We reserve the right to modify this Privacy Statement at any time.
 

Network

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 (the "Agreed Usage"). NEXTZEN SOLUTIONS will monitor Customer's bandwidth and disk usage. NEXTZEN SOLUTIONS 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 NEXTZEN SOLUTIONS's sole and absolute discretion. If NEXTZEN SOLUTIONS 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, NEXTZEN SOLUTIONS may, at its sole discretion, collect a deposit, in an amount determined by NEXTZEN SOLUTIONS, against customer's credit card on file with NEXTZEN SOLUTIONS. Bandwidth overage is $1 per GB over allocated transfer.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the NEXTZEN SOLUTIONS Network. Violations of system or network security may result in civil or criminal liability. NEXTZEN SOLUTIONS 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 newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

NEXTZEN SOLUTIONS is under no duty to look at each customer's or user's activities to determine if a violation of the AU{ has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which NEXTZEN SOLUTIONS determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at NEXTZEN SOLUTIONS's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that NEXTZEN SOLUTIONS determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: NEXTZEN SOLUTIONS reserves the right to suspend network access to any customer if in the judgment of the NEXTZEN SOLUTIONS 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 NEXTZEN SOLUTIONS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. 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.

NEXTZEN SOLUTIONS reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of NEXTZEN SOLUTIONS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: NEXTZEN SOLUTIONS wishes to emphasize that in agreeing to the NEXTZEN SOLUTIONS Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies NEXTZEN SOLUTIONS for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NEXTZEN SOLUTIONS or the bringing of any claim against NEXTZEN SOLUTIONS by any third-party. This means that if NEXTZEN SOLUTIONS is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against NEXTZEN SOLUTIONS, plus all costs and attorney's fees.

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.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

NEXTZEN SOLUTIONS takes no responsibility for any material input by others and not posted to the NEXTZEN SOLUTIONS Network by NEXTZEN SOLUTIONS. NEXTZEN SOLUTIONS is not responsible for the content of any other websites linked to the NEXTZEN SOLUTIONS Network; links are provided as Internet navigation tools only. NEXTZEN SOLUTIONS 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.

NEXTZEN SOLUTIONS is not responsible for any damages your business may suffer. NEXTZEN SOLUTIONS does not make implied or written warranties for any of our services. NEXTZEN SOLUTIONS denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NEXTZEN SOLUTIONS.

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as NEXTZEN SOLUTIONS' customer, are solely responsible for the content stored on and served by your NEXTZEN SOLUTIONS server.

Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds.

Charge backs: Charge backs or disputes of any kind will result in an immediate termination of all services on your account, weather you charged back one or all items on your account. Threats are considered almost the same as an actual chargeback.

Late Payments: We have zero tolerance policy for late payment. We are very flexible with payments as long as you communicate with us. However failure to communicate and payment being late will result in suspension of service. Late Payments are charged a fee of $10 per server or service that is late. At the sole discretion of NEXTZEN SOLUTIONS. We can waive the Late Payment. If your servers are turned off there is a $25 dollar re-activation fee per server.