NewFound Hosting Terms and Conditions.

NewFound Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. NewFound Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. Freedom of speech is respected, but shall not be harmful to others.

(1) Payment Policies, Fees, Refunds and Terms of Agreement -

Full payment is required before any hosting service commences, which includes renewals. Payment due dates will be available via Invoice. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended. We do not offer refunds for cancellations for monthly contracts. Refunds for cancellations on yearly contracts may not exceed 50% of the total sum paid from the commencement of the contract. Furthermore, refunds requested on yearly contracts are provided at the sole discretion of NewFound Hosting. This paragraph only applies to cancellations by the client.

(1.2) NewFound Hosting Cancellations

Cancellation by NewFound Hosting is due to a violation of this agreement, there will be no refund. NewFound Hosting will only allow for the refund if cancellation is not the fault of the client, as determined by NewFound Hosting. All monetary transactions are in $US dollars where specified. Additional features can be added at any time. NewFound Hosting also reserves the right to change prices at any time.

NewFound Hosting reserves the right to suspend an overdue account without notice. Furthermore, NewFound Hosting reserves the right to completely remove a web site from its servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency.

(2) Account Cancellation -

You may cancel your service at anytime. To cancel your account, please submit a support ticket which includes your domain, login and password. Please allow up to 48 hours for confirmation. Please note that we cannot refund your current monthly payment. For annual accounts, we may refund your account up to 50% of the yearly fee (See the above paragraph for more information).

(3) Indemnification Policy -

You agree to use all NewFound Hosting services and facilities at your own risk. NewFound Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall NewFound Hosting be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold NewFound Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NewFound Hosting, 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, it's agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless NewFound Hosting against liabilities arising out of:

- Any injury to person or property caused by any products sold or otherwise distributed in connection with NewFound Hosting's server;

- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

- Copyright infringement

- Any defective products sold to customer from NewFound Hosting's server.

NewFound Hosting shall be the sole judge of what violates this Policy.

(4) Server abuse policy -

If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

(4.1) Prohibited Data-

The following items will not be tolerated and are only acceptable under the terms provided.

Illegal Downloads: The use of Warez, mp3 files that you are not the rightful owner of, cracks, and any other forms of copyrighted software, movies, or media content that you are not legally allowed to use/distribute are all strictly prohibited.

XXX/Porn Websites: Child pornography is strictly prohibited. NewFound Hosting prohibits all forms of pornography on our servers. We reserve the right to shut down any account that may be hosting this material.

Spam: See Section 4.2 below.

Viruses/Trojans/Worms: The following items are not allowed, nor will ever be allowed on Contrast Hosting servers: hosting viruses, or sending viruses via e-mail, or allowing users to download files with Trojans, viruses, or any harmful files. If you are looking to host this material, please look somewhere else.

Video Communities: Video Communities such as YouTube are prohibited.

Game Hosting Sites: Game Hosting (flash) sites such as addictingames.com are prohibited.

Resellers: If one of your customers is involved in any one of these instances, then we will suspend their site and not your main WHM account. If you have any complaints or comments regarding prohibited data on our network, please direct them via email to [email protected]

(4.2) SPAM Policy -

NewFound Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the NewFound Hosting network, by customers or any other users of the NewFound Hosting network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the NewFound Hosting server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a NewFound Hosting email address or web site URL is prohibited. The use of NewFound Hosting servers as a mail drop for responses to activities described above is also prohibited.

If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.

(4.3) Overselling Policy -

NewFound Hosting may allow our clients to oversell their WHM resources. If we feel that a client's WHM account is too oversold, then we have the right to upgrade that account, through consultation with the client. This policy is to prevent the abuse of resources through NewFound Hosting clients overselling their resources and causing harm to others on the same server.

No Unlimited disk space or Unlimited data transfer allowed.

Resellers: NewFound Hosting has the right to refuse service, or discontinue services to those clients who use their NewFound Hosting WHM account and promote "Unlimited disk space and Unlimited data transfer" hosting accounts. We take this rule extremely seriously and have no hesitation to refuse or discontinue services to any clients who is in breach of this policy.

(5) Content Policy -

All services provided by NewFound Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless NewFound Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all of NewFound Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. NewFound Hosting will be the sole arbiter in determining violations of this provision. NewFound Hosting has a separate server if you are interested in hosting pornography (not available at this time).

Also prohibited are sites that promote any illegal activity or present content that may be damaging to NewFound Hosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

- Pirated software.

- Hacker programs or archives.

- Warez sites.

- Online gambling.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down and is subject to a fine.

NewFound Hosting will be the sole arbiter as to what constitutes a violation of this provision.

(6) SSH Policy -

NewFound Hosting enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services will be instantly suspended.

(7) CGI/PHP Scripts Policy -

Each account comes with its own cgi-bin. You are free to use any CGI/PHP scripts you wish, (as long as they are not on our banned script's list) however we reserve the right to disable any CGI script that affects normal server operation or service to other NewFound Hosting customers. You will be notified in about an offending cgi script.

NewFound Hosting is not responsible for the scripts you install on your account. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

NewFound Hosting provides technical support for the Server & Server related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by NewFound Hosting, however you may ask for assistance from our members.

NewFound Hosting may automatically upgrade a script that has known vulnerabilities to ensure a stable environment on our shared platform. In addition, NewFound Hosting may remove scripts that have no data that may pose a security risk to the server. It is your responsibility to ensure an upgrade is applied promptly if a newer version is available.

(8) Traffic Policy -

NewFound Hosting allows for very generous traffic, and most sites never exceed 300MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. NewFound Hosting' customers are discouraged from storing any files that cause excessive traffic on NewFound Hosting servers (such as illegal software/music). Please contact NewFound Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to NewFound Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

(9) Backups -

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of NewFound Hosting, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, NewFound Hosting will attempt to recover the data from the most recent archive for a nominal fee.

Support Policy -

It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the NewFound Hosting support staff to teach you how to use aspects of the tools at your disposal. Please only submit support tickets for issues with your server.

(10) Uptime Guarantee -

NewFound Hosting guarantees that you're site will be up at least 99% of the time during a 1 (one) month period, however we are not responsible for downtime due to the following things: Acts of gods, abuse of server by another client, backbone/dns outages and cgi script overloads. If you would like to request a credit for downtime, you must send an email to [email protected] and include the time and day of the incident. We can only issue credits at this time. We are also not responsible for downtime due to posted server maintenance.

(11) Domain Registration -

WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC or .MOBI top level domains or .NAME Defensive Registrations or .NAME Mail Forwards through Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

1. DEFINITIONS

(1) "TLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC and .MOBI

(2) "gTLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP and .MOBI

(3) "Domain Order" refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension

(4) "Registrant" refers to the registrant/owner of a Domain Order as in the OrderBox Database.

(5) "Registrar" refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record;

(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order;

(7) "Whois Record" refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry;

2. OBLIGATIONS OF THE CUSTOMER

(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.

(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

3. RIGHTS OF PARENT

Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

4. SURVIVAL

In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive

APPENDIX 'A'
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS

1. DESCRIPTION OF SERVICES

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

2. IMPLEMENTATION DETAILS

(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and

(1) any mail received via post at this Address would be rejected;

(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.

(2) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Customer understands that the Privacy Protection Service is only available for certain TLDs

(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement

(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to -

(1) if Parent receives any abuse complaint for the privacy protected domain name, or

(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

(3) for the resolution of disputes concerning the domain name

(4) or any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services

3. OBLIGATIONS OF CUSTOMER

Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer's nondisclosure of these terms to Registrant of Domain Order.

4. INDEMNITY

Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder.

(12) Reseller Packages -

Cancellation must be made 30 days prior to the next invoice date. Should you decide to cancel the service, send an email to [email protected] with your domain, login, and password.

If you would like to include a domain reseller program to your clients then sign up for an account with eNom and abide by their terms of use.

This reseller special is subject to a 7 day money back guarantee due to downtime.

NewFound Hosting reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions. Please send any questions on the above material to
[email protected] via email.