You must agree
to the terms and conditions as a customer.
Please take the time to review carefully.
Privacy
Policy
We value privacy at NewTech Web Services. Like
you, we get SPAM via email every single day
and we wish it would go away. We therefore make
this promise to you: Any information you give
us remains with us and will not be sold, rented
or in any way transferred to anyone outside
our company.
Disclaimer
NewTech Web Services shall not be liable for
any claim or right to recover damages, including,
but not limited to, loss of profit or data,
or other similar claims, even if we have been
specifically advised of the possibility of such
damages. By using our web-site and services
you agree to the above and below terms and conditions.
Any questions regarding this policy should be
forwarded to us.
Terms
of Use
Every
client claims that he/she is at least 18 years
of age and agrees to the terms below. Every account
comes with a 60-day money back guarantee. Setup
fees and other money paid to third parties (e.g.
InterNIC, Bulkregister) are non-refundable. You
must notify us of your will to cancel your membership,
within that 60 days. Afterwards, no refunds are
available.
Money
back guarantee does not apply for additional
services, including, but not limited to: additional
pop3 and/or other accounts, extra traffic or
disk space, software.
Money back guarantee does not apply if you violate
any of the terms, listed in this document.
None
of our services can be used for illegal purposes.
That includes, but is not limited to: storage
or transmission of information, data or files
that violate the United States Federal, State
or City law. Such information/data includes,
but is not limited to: pirated software, copyrighted
data and links to sites that provide such software/data.
None
of the servers may be the source, intermediary,
or destination address involved in the transmission
of Spam, flames or mail bombs. Your domain may
not be referenced as originator, intermediary,
or reply-to address in any of the above. We
consider Spam to be any unsolicited commercial
(UCE) or unsolicited bulk email (UBE) in the
mediums of Newsgroups, Fax, and Email. If you
are found to have spammed, then we reserve the
right to immediately, without warning, disable
your domain. We reserve the right to refuse
or cancel service to known Spammers. Furthermore,
we reserve the right to determine what violates
this policy.
Any
ATTEMPT to undermine or cause ANY harm to a
server is strictly prohibited.
We
reserve the right to refuse or cancel service
at our sole discretion. Any violation of these
guidelines will result in immediate deactivation
of services without refund for repeated offenders.
Scripts:
You are free to use any scripts you wish provided
they do not affect the normal operations of
the server. Scripts that are commonly known
for causing server disruption include large
cgi-based message forums (ASP forums are allowed),
auctions, and banner exchanges. In the event
a script affects normal server and/or administrative
operations, NewTech Web Services reserves the
right to disable the account pending client
cooperation and resolution.
Chat:
Chat Servers of any kind are strictly prohibited.
Chat scripts, especially CGI and/or PHP scripts,
have proven to be disruptive on community servers
and can hinder the performance of normal delivery
for other site owners. For this reason chat
scripts/clients, that are not Java Based or
hosted by a third party provider, are also not
permitted on the NewTech Web Services servers.
BOTS:
NewTech Web Serviecs does not allow bots of
any kind to be operated on the NewTech Web Services
servers. This includes IRC servers, IRC bots,
proxies, anonymizers, and web transversal spiders.
Pirating:
You may not use any part of the NewTech Network
and/or Services to transfer illegal, copyrighted,
trademarked, patented, or trade secret material
without the prior permission of the author or
owner. This includes pirating software (warez),
cracks and/or registration codes, in addition
to offering links, directories, and redirections,
to other sites that do so. If NewTech Web Services
finds that this is occurring on your account
it will be viewed as grounds for immediate termination.
Malicious Hacking,
Cracking, and Scanning: Accessing
content, services, computers, accounts, or networks
belonging to NewTech Web Services, or another
party, illegally and/or without authorization,
or attempting to penetrate security measures
of NewTech Web Services network or other parties
(often known as "cracking") is prohibited
and will result in immediate account termination.
Absolutely no cracking and/or scanning tools,
source code, scripts, binaries and/or hacking/cracking
type of activity, content, tools, or anything
of a related nature, that might be used as a
precursor to an attempted system penetration
(i.e. port or stealth scans, or other information
gathering tools/activity), is permitted on NewTech
Web Services network.
Accounts initiating any activity or containing
code/scripts/binaries etc that appear to be
for the purpose of violating or disrupting the
services and/or content of others will be terminated
immediately without notice and without refund.
NewTech Web Services may also report any activity
of this nature to the proper authorities as
well as providing any information NewTech Web
Services may have to assist the authorities
in contacting the party responsible for storing,
using, or otherwise assisting with this type
of activity, or the storage of these types of
tools.
Excessive Resource
Usage and/or Abuse: Each account
is given a clearly defined amount of resources
including disk space and bandwidth. Depending
on the severity of the violation, when an account
uses more resources than has been allocated
the account will be charged accordingly for
the extra usage. If the resource abuse is excessive,
NewTech Web Services reserves the right to deactivate
the account pending client cooperation and resolution.
Any account that affects the normal operation
of any of the services provided by NewTech Web
Services including, but not limited to, administrative
tasks, technical support, SQL Services, server
access, network speed, content or email delivery,
may be deactivated without notice in an effort
to restore normal operations. In the event of
account deactivation, NewTech Web Services remains
the final authority in determining whether or
not the account will be reactivated. The severity
of the violation, as well as the account holder's
cooperation and ability to prevent future violations,
will be considered by NewTech Web Services when
determining whether or not the account will
be reactivated.
Package and Pricing:
NewTech Web Service’s listed package(s)
and/or pricing may change at any time. If you
have chosen to pre-pay for your account, the
cost of the service already paid for will not
be affected by any price changes whether they
are raised or lowered.
Refusal of Service:
NewTech Web Services reserves the right to refuse
or cancel service at its sole discretion. Failure
to follow any terms or conditions established
by NewTech Web Services may result in immediate
suspension of account.
Payment Policies,
Fees, and Refunds: Full payment
is required before any hosting service is rendered
(unless a Free promotion is available), which
includes renewals. All payment-due notices will
be sent by electronic mail.
No bills or invoices will be sent by postal
mail or fax. Prepayment is due each anniversary
following the prorated date the account was
established. Billing will continue until you
cancel your hosting account. You may cancel
at anytime.
Account Cancellation:
We are sorry to see you go. If there is anything
we can to do to keep you as a customer, please
let us know. To cancel your account, please
send an email to sales@newtechwebservices.com
and provide us with the following information
below. We need to verify your account information
and the reason for your cancellation so we can
improve our services.
Your domain name:
Username:
Password:
Reason of cancellation:
If Client has a balance due at the time of cancellation,
this balance must be paid in full. Cancellation
does not absolve Client of any outstanding financial
obligations.
Limitation of liability:
Your
use of NewTech Web Services web hosting services
are at your sole risk. All services
are provided on an "AS IS" basis WITHOUT
WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED,
CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow the
exclusion of implied warranties, so this exclusion
may not apply to you in full.
NewTech
Web Services makes no guarantee of availability
of service and reserves the right to change,
withdraw, suspend, or discontinue any functionality.
In no event will NewTech Web Services be liable
for any damages, including, without limitation,
direct, indirect, incidental, special, consequential,
or punitive damages arising out of the use of
or inability to use NewTech Web Services network
or any content thereon. This disclaimer applies,
without limitation, to any damages or injury,
whether for breach of contract thereon. This
disclaimer applies, without limitation, to any
damages or injury, whether for breach of contract,
tort, or otherwise, caused by any failure of
performance; error; omission; interruption;
deletion, defect; delay in operation or transmission,
deletion; defect; delay in operation or transmission;
computer virus; file corruption; communication-line
failure; network or system outage; or theft,
destruction, unauthorized access to, alteration
of; or use of any record.
The formation, construction and interpretation
of this agreement shall be controlled by the
laws of the United States. Any dispute relating
to this agreement shall be subject to the exclusive
jurisdiction of the courts in the United States,
and the parties agree to submit to the personal
and exclusive jurisdiction and venue of these
courts.
NewTech Web Services reserves the right to change
or amend these Terms of Service at any time
without prior notice. By submitting your order
to NewTech Web Services, you signify your agreement
to these Terms of Service.
NewTech Web Services will do everything in its
immediate power to keep servers and operations
running 24/7 365 days per year. We will also do
everything in our power to protect your data.
In the event of server failure we can and will
restore data from disk archive, however there
is no gaurantee that all changes to your data
can be restored due to the timeframe of backups.
In the event of Network failure that is beyone
our control, such as DOS attacks, Fiber Optic
lines that are cut, natural disasters, etc., we
will do everything in our power to restore services
as soon as possible.
If you have specific concerns about the
terms and conditions please contact
us.
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