Newport Internet:
Terms of Service
This policy represents the Newport Internet Terms of Service ("TOS") in its
entirety and supersedes any other written or oral policy. This policy defines
the terms of service all customers agree to when they sign-up for hosting
services with Newport Internet. Newport Internet reserves the exclusive right to
revise, change or amend any portion of this Policy at any time, without advance
notification to customers.
Customers and clients can view the most current version of this policy at
http://www.newportinternet.org
Customers using any services offered by Newport Internet consent to be bound by
and must comply with all policies in this TOS. At the sole discretion of Newport
Internet, any violators of this TOS may have their services cancelled without
refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Newport Internet maintaining one or more accounts (each
"Account"), you agree to the following terms of service.
Definitions
"We" "Us" or "Provider" Newport Internet.
Newport Internet - An Oregon Business
"You" "Your" "Client" "Customer" or "Member."
Each person or entity who applies for internet service or is a designee of any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of
information, thus the Service may not be available to you at all times. However,
Newport Internet offers a 99.9% uptime guarantee. This is valid for only the
connection to our hosted sites or email servers. Newport Internet will pursue all resources and channels available to
maintain maximum uptime, however, Newport Internet is not responsible for any
down time caused by client's error, acts of God, or regional network outages.
Newport Internet MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A
PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Newport
Internet nor any one else involved in the provision of Service is liable to you
or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from
the negligence of Newport Internet, even if Newport Internet has been advised to
the possibility of such damages.
Services provided by Newport Internet
Newport Internet will provide Internet server rental ("the Service") to its
members for the express purpose of allowing customers to provide http Internet
content to the general public. The Service allows Newport Internet clients to
maintain Internet websites, receive and maintain e-mail accounts and access web
space via FTP to upload files for their websites.
Newport Internet members will
use the provided services in a manner consistent with any and all applicable
laws of the State of Oregon and United States Federal Law. Newport Internet
provides the Services exclusively and makes no effort to edit, control, monitor
or restrict the content of data other than as necessary to provide such
Services. Newport Internet reserves the right to refuse customers utilization of its services, without notification. If any of the
following
activities are committed, Newport Internet can terminate client's account
without notification.
Client Content
Client agrees that web pages and files uploaded to servers will
not violate any State, federal or foreign laws or regulations; infringe on
any intellectual property rights of Newport Internet or any third party; be
defamatory, slanderous or trade libelous; be threatening or harassing; be
discriminatory based on gender, race, age; promote hate; or contain viruses or
other computer programming defects which result in damage to Newport Internet or
any third party. Customers may not run IRC, bots or clients.
Unacceptable uses
also include
Bulk unsolicited emailing, unsolicited emailing, newsgroup
spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted
MP3, storing personal backups and/or Plesk backup files, illegal content,
copyright infringement, trademark infringement, warez, cracks, software serial
numbers. Newport Internet will be the sole and final arbiter as to what
constitutes a violation of this policy. Newport Internet does not normally
monitor the contents of clients servers, however if suspicion occurs, Newport
Internet reserves the right to investigate and terminate the clients
subscription to the service. If requested by federal or state authorities
Newport Internet is bound by current statutes to provide any and all information
residing on its servers relating to a specific subpoena.
Excessive Resource User Policy
Resources are defined as bandwidth, memory
and/or processor utilization. A website is considered using "Excessive amounts
of resources" when it monopolizes the resources available using 10% or more of
system resources for longer than 60 seconds. There are numerous problems that
could cause such problems, this includes but is not limited to: CGI scripts, FTP,
HTTP, etc.
A site that consumes over the account limit of bandwidth is also
considered using "excessive resources". This policy is only implemented in extreme
circumstances and is intended to prevent the misuse of our servers. The client
who is using "excessive resources" will be asked to upgrade his/her package to
one of our semi-dedicated or dedicated server packages. Newport Internet will be
the sole and final arbiter as to what constitutes a violation of this policy.
Suspensions will only occur if client violates above
restrictions.
Spam
UCE/UBE or "Spam" originating from a server located on our network or
associated with a Newport Internet server will not be tolerated. This includes any
e-mail that promotes web sites hosted on a server located on the Newport
Internet network but is sent from an e-mail address not associated with that
Newport Internet account or in violation of standard SPAM policies.
Client shall not use their Newport Internet services
for chain letters, junk mail, bulk-email, or any use of distribution lists to
any person who has not given specific permission to be included in such a
process. Newport Internet reserves the right to deactivate or terminate any
account(s) upon any indication of such activity without notice. There will be a
$200 clean up fee if an account was suspended for policy violation or results in
newportnet.com being blacklisted for any length of time. Usages of email
related services is covered in-depth in our
Acceptable Use
Policy (AUP)
False Information
Client agrees not to post false or inaccurate information to
our news groups in violation of the news groups rules and regulations. If any news
groups or service provider contact Newport Internet concerning unethical, false
or unlawful activities by you, Newport Internet reserve the right to terminate
your service without notice.
Licensed Software Only
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
Back-Up Files
Newport Internet provides the tools needed to create backups of
account data. It is the responsibility of the customer to keep up-to-date
archives of their backed up data. Newport Internet currently does not utilize
any backup services and is not responsible for any lost data.
Payment, Renewal, Cancellations
Payment Obligations
Accounts for which payment by credit card is
selected are subject to suspension if payment cannot be processed at the time of
account creation. If payment by check or money order is selected, payment must
be received within two (2) weeks of account activation or the account will be
suspended without notice. New accounts that remain past due fifteen (15) days
after account activation are subject to termination without notice. Newport Internet sends out invoices that are due every billing
period. You are given fifteen (15) days to fully pay the invoice.
You warrant
and represent that the information you supply in the Order Form (or other
information that Newport Internet may require) is accurate and truthful. All
payment-due notices will be sent by e-mail. No bills or invoices will be sent by
postal mail or fax unless approved prior to activation of service. If payment was not received by the due-date, your account
will be suspended and possibly sent to collections.
To have your account
re-established, you will need to pay the monthly fees, plus any late fee's.
Such accounts are subject to termination after thirty
(30) days in a past due state. All invoicing and payments are automatic and
recurring based on the contract length specified by the client at the time of
account setup or by request after setup has been completed. All invoices are due
upon creation. Chargebacks issued for valid hosting fees will result in
immediate account termination, without prior notice, and without exception.
There is a $35 fee for bounced checks and a $45 processing fee for chargebacks.
All fees mentioned are in United States (US) funds.
Renewals
Your account will be automatically renewed under the same time and fee
structure unless you give written notice to Newport Internet thirty (30) days
before the renewal date that you do not wish to renew or make changes to such
account.
Cancellation & Refunds
Should you become unsatisfied with our services within
the first 30 days of your account activation, Newport Internet will refund your
hosting fee subject to the money back guarantee terms listed in this agreement.
Refunds are not available for shared/reseller pre-paid accounts and after the 30
days of account activation. You may however cancel your account at any time.
You
will need to contact customer service 30 days before your renewal date and
verify information before cancellation takes place. You will be charged in full
for the entire month in which you cancelled your account. Accounts which have
negative balances will be sent to collections and all services will be
terminated, including domain registrations. Customers wishing to switch their
domain to another registrar or cancel their service are subject to a $20
domain release processing fee per domain. Refunds are never available for domain
registrations, control panel (Plesk, etc) setup fees or dedicated servers.
Cancellation requests must be made via email to
billing@newportnet.com or via
the online ticketing system at http://newportinternet.org. No other avenues of
cancellation will be accepted. Cancellations made within 30 days of beginning service are
subject to the Newport Internet 30-day guarantee, and will result in a refund of
fees paid. All fees paid for domain registration are nonrefundable, without
exception.
30-Day Money Back Guarantee
Newport Internet offers an unconditional 30-day money back guarantee that covers
cancellations of a web hosting account made during the first 30 days of
service, due to the inability to deliver satisfactory services. As a part of our
striving to achieve industry leading customer satisfaction, the customer will be
refunded all hosting charges made to their credit card minus any setup fees
which are non-refundable.
The guarantee does not apply to accounts with non-use,
misuse, and/or abuse of this agreement. Domain name registrations, setup fees &
dedicated server fees are also non-refundable. Any questions regarding the
30-day money back guarantee should be forwarded to
sales@newportnet.com.
Service and Reporting
Newport Internet reserves the right to refuse, cancel, or suspend service at its
discretion. All clients, direct or indirect via resold account and all
subnetworks and subsidiaries are subject to the terms of this document. Any
violations of the above policy may be made via email to
abuse@newportnet.com or
via postal mail to:
Hostmaster
Newport Internet
PO Box 950
Newport, OR 97365
Indemnification and Governance
All customers agree to indemnify, defend, and hold harmless Newport Internet
from any and all losses, expenses, liabilities, claims, attorney's fees,
damages, awards, judgments, or actions that may arise from the use of this
service other than as expressly authorized by the terms of this policy.
Newport
Internet makes no warranties, expressly or implied, for this service. This
service is offered on an "as is" basis, and customers waive all claims as noted
above that may arise from the inability to use this service as provided. The
recourse available to customers should customers become dissatisfied with this
service, the terms of this service, or any policy, practice, or guideline as set
by Newport Internet will be limited to discontinuation of service as denoted in
the Account Policies and Cancellation item above.
This agreement is governed by
the laws of the State of Oregon and the United States of America. Customers
agree that all services provided by Newport Internet are deemed to have been
requested in and provided in Lincoln County, Oregon, and that jurisdiction for
any and all claims or disputes shall reside there.
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99.9% Service Level Agreement "SLA"
Newport Internet offers its clients a 99.9% network uptime guarantee for
customer satisfaction purposes and to ensure that your business is running
problem free. Newport Internet will try to maintain maximum uptime.
Newport
Internet is not responsible for any downtime caused by the client. We experience
99.9% uptime on all servers and network equipment over a 12 month period. That
00.1% is equal to approximately 9 hours of downtime in a year, not even a full
day. We are well within this limit and will do our best to avoid any
downtime on our shared hosting network.
Third Party Script Assistance
Newport Internet retains the right not to assist clients with third party
applications. This includes any script uploaded by the client, installed using
Plesk, its scripts library or any installer within. Any assistance, support,
or troubleshooting provided by Newport Internet for ANY third party script or
application will be subject to a $50 service fee. Scripts attempting to send
mail using an
email address outside of a Newport Internet hosted domain or any Newport
Internet top level domain will not function and are not to be used.
Unsecured "form to" mail scripts,
such as Matt Wright's formmail script, are likewise prone to exploitation and abuse outside of our network as are any named variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). If
any third-party scripts or forms are exploited by outside parties the afflicted site will be suspended immediately until the problem is remedied by the site
owner/developer. Unsecured form to mail scripts found to exist under any client account which have been previously exploited may be
deleted or renamed at the discretion of Newport Internet.