NCBhost.com, a division of Powers Productions (hereafter known as "NCBhost.com"), agrees to furnish services to the Customer (hereafter known as "Customer") subject to the following Terms of Service (hereafter known as "TOS").

Use of NCBhost.com's Service constitutes acceptance and agreement to NCBhost.com's Acceptable Use Policy (hereafter known as "AUP" as well as NCBhost.com's TOS. A Customer's use of the Services after revisions to the TOS are posted on NCBhost's website at www.NCBhost.com (in association with NCBhost.com), will constitute such person's acceptance of any changes or additions to the TOS.

All provisions of this contract are subject to the TOS of NCBhost.com, and AUP. The AUP may be changed from time to time at the discretion of NCBhost.com. The Customer understands that change to the AUP by NCBhost.com shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Nevada, county of Clark applicable to contracts enforceable in that state. Venue will be Clark County, Nevada.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Customer agrees that NCBhost.com may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition NCBhost.com shall have the right to terminate all service set forth in this Agreement.
   
   
2. Service Rates: The Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. The Customer is aware that NCBhost.com may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon NCBhost.com achieving and maintaining its cost of service goals including but not limited to rates charged to NCBhost.com by its suppliers.
   
   
3. Payments, Fees & Taxes: Establishment of this service is dependent upon receipt by NCBhost.com of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by NCBhost.com are subject to the current tax rate as imposed by within the City of Las Vegas, State of Nevada, which is currently 7.25%. 80% of the monthly service charge is subject to the 7.25% tax rate, while the remaining 20% of the monthly service charge is not taxed. 100% of the setup fee is subject to the 7.25% tax rate. The above applies to all accounts and services provided by NCBhost.com.
   
   Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by NCBhost.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay NCBhost.com a "Processing and Collection" Fee of not less than $50 and not more than $150. If you wish to cancel your account, please follow the proper procedure to do this as outlined in this TOS. All fees are fully earned when due and non-refundable when paid.
   
   
4. Refund and Disputes: All payments to NCBhost.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in NCBhost.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay NCBhost.com an "Administrative Fee" of not less than $50 and not more than $150.
   
   
5. Failure to Pay: NCBhost.com may temporarily deny service or terminate this Agreement upon the failure of the Customer to pay charges when due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
   
6. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to NCBhost.com Attn: Cancellations, 8370 W. Cheyenne Ave, Suite 109-203, Las Vegas, Nevada 89129, or you may call 702-868-7676 along with an email stating the same. You must have all account information to cancel.
   
   
7. The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of NCBhost.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that NCBhost.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of NCBhost.com. The Customer further acknowledges that NCBhost.com'ss liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Customer for services during the period damages occurred. In no event shall NCBhost.com be liable for any special or consequential damages, loss or injury.
   
   
8. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by NCBhost.com, on behalf of the account holder a handling fee will be incurred.
   
   
9. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to NCBhost.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by NCBhost.com on behalf of the account holder a handling fee will be incurred. If the Customer cancels service during the transfer period for any reason, all charges are considered earned.
   
   
10. Support Boundaries: NCBhost.com, provides limited technical support to our Customers during normal business hours as our schedule permits on a fee basis. We limit our technical support to our area of expertise. The following is our guidelines when providing support: NCBhost.com provides support related to your server or virtual site physical functioning. NCBhost.com may offer limited support for application specific issues such as cgi programming, html or any other such issue. Email support@ncbhost.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.ncbhost.com/support/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
    
    
11. SPAM and Unsolicited Commercial Email (UCE): NCBhost.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of NCBhost.com may not use or permit others to use our network to transact in UCE. Customers of NCBhost.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    
    
1. Violation of NCBhost.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, NCBhost.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, NCBhost.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, NCBhost.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, NCBhost.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. NCBhost.com will notify law enforcement officials if the violation is believed to be a criminal offense.
   
   
2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that NCBhost.com's personnel must spend to investigate the matter. DO NOT SPAM from your account.
   
   
3. As our Customers are ultimately responsible for the actions of their clients over the NCBhost.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
   
   
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.


12. Network
    1. IP Address Control/Ownership: If NCBhost.com assigns the Customer an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to NCBhost.com or its supplier, and the Customer shall have no right to use that Internet Protocol address except as permitted by NCBhost.com and its supplier in their sole discretion in connection with the Services, during the term of this Agreement. NCBhost.com and its supplier shall maintain its assignment of all Internet Protocol numbers and addresses that may be assigned to Customer by NCBhost.com, further, NCBhost.com and it supplier reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Therefore, name-based hosting must be used whenever and wherever possible. IP address usage will periodically be reviewed, and if it is found that IP addresses are being used where name-based hosting could be used, authorization to use those IP addresses that could be used with name-based hosting may be revoked.
       
    2. Domain Name Dispute: In the case of any Customer Domain with regard to a Name Dispute according to ICANN and/or the policies of the registrar of the Customer's Domain, the inability to use a domain name shall not entitle Customer to a refund of any fees paid with respect to the registration of such unusable domain name.
       
    3. 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 the Customer. NCBhost.com will monitor Customer's bandwidth and disk usage. NCBhost.com 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 in are in NCBhost.com's sole and absolute discretion. If NCBhost.com 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, NCBhost.com may, at its sole discretion, collect a deposit, in an amount determined by NCBhost.com, against customer's credit card, debit card, or bank account on file with NCBhost.com.
       
       
    4. System and Network Security: We are very serious about System and Network Security. Users are prohibited from violating or attempting to violate the security of the NCBhost.com Network or its supplier's Network. Violations of system or network security may result in civil or criminal liability. NCBhost.com 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:
       
    1. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       
    2. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
       
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       
    4. Forging a (any) TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       
    5. Taking any action in order to obtain services to which such User is not entitled.
       
    
    
13. Notification of Violation:
    NCBhost.com is under no duty to look at or monitor the customer's or user's activities to determine if a violation of the AUP or TOS has occurred. NCBhost.com does not assume responsibility through our AUP or TOS to monitor or police Internet-related activities. Any User, which NCBhost.com determines to have violated any portion, part or element of our AUP, shall receive a notification by email or of a carier of our choosing, alerting them of the violation. The service may be subject at NCBhost.com's sole discretion, and in relattion to its severity, to any of the following:
    
1. temporary suspension pending a User's agreement in writing, to refrain from any further violations.
2. immediate suspension or termination of service without further notice.
NCBhost.com reserves the right, to drop or to not make accessable, the section of IP space involved in (our definition of) Spam or Denial-of-Service complaints if it is clear that the offending activity is causing harm (in our sole opinion) to parties on the Internet. Specifically, 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 certain cases, we may do this before contacting you. If we do this, we will contact you as soon as is feasible.


14. Suspension of Service or Cancellation: NCBhost.com reserves the right to suspend network access to any customer if in the judgment of the NCBhost.com's network administrators the Customer's server is the source or target of the violation of any of the other terms of the AUP/TOS or for any other reason which NCBhost.com chooses. If inappropriate or improper activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer cannot be guaranteed. In certain extreme cases, law enforcement will be contacted regarding the activity of the Customer. In this case, the Customer will not be credited for the time the Customer's machines were suspended.
15. Policy Amendment: NCBhost.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of NCBhost.com must adhere to all AUP/TOS policies. Failure to follow any term or condition will be grounds for immediate cancellation. As a Reseller, or our Customer, 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 and Acceptable Terms of use policy (AUP).
    
16. Indemnification: NCBhost.com wishes to emphasize that in agreeing to the NCBhost.com's Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies NCBhost.com for any violation of the AUP/TOS that results in loss to NCBhost.com or the bringing of any claim against NCBhost.com by any third-party. This means that if NCBhost.com is sued because of a customer's or a customer of a customer's activity, the Customer will pay any damages awarded against NCBhost.com, plus all costs and attorney's fees.
    
17. Force Majeure: NCBhost.com shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.) civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the service provider being used by NCBhost.com to link its servers to the Internet, or any malicious or unlawful acts of any third party.
    
18. Independent Contractors: NCBhost.com and its personnel, in performance of our services, are acting as independent contractors and not as employees or agents of the Customer.
19. Miscellaneous/Other Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in any order of preference.
    
1. A waiver by NCBhost.com of any breach of any provision of this Agreement by the Customer 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.
2. The Customer shall not transfer or assign this Agreement without the prior written consent of NCBhost.com. NCBhost.com may assign Agreement at anytime without consent from or notice to the Customer. NCBhost.com reserves right to cancel customer's rights under this contract at anytime without further obligation.
3. NCBhost.com takes no responsibility for any content or material input by others and not posted to the NCBhost.com Network by NCBhost.com. NCBhost.com is not responsible for the content of any other websites linked to the NCBhost.com Network; links are provided as Internet navigation tools only. NCBhost.com 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.
4. NCBhost.com is not responsible for any damages your business may suffer. NCBhost.com does not make implied or written warranties for any of our services. NCBhost.com 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 NCBhost.com.
5. 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.
   
20. Responsibility for Content: You, as NCBhost.com's customer, are solely responsible for the content stored on and served by your account, your email and web site on an NCBhost.com server.
21. Entire Agreement; Severability. This Agreement, the incorporated policies and the Service Options selected by the Customer constitute the complete and exclusive statement of agreement between the parties, and supersedes and merges all prior proposals and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.