Terms and Conditions

Payment and Cancellation Policy

All payments are due yearly in advance on the anniversary of your account activation. For each successive period, your contract is renewed automatically unless we are notified otherwise. Billing is determined by the hosting pack option you chose at the time of ordering. Your billing period also applies to any additional items and services ordered after the initial activation of you account. Fee for such items and services will be prorated so that the start date matches that of the first domain.

All Major Credit Cards accepted

Refunds will be given at the discretion of the Company Management

NewHosts invoices exclusively via e-mail. We DO NOT send out invoices. All credit cards and/or paypal payment are billed automatically yearly.

Late Payments

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given 5 day grace period after which the account is put on suspension. Reactivation of closed accounts due to delinquency incurs a £20 reactivation fee as well as payment of the balance due in full provided the account has not been deleted from our hosting server.

To cancel your account

You may use any of the following methods to deliver a written notice of cancellation:
Online through our customer portal

When you cancel your account, you will receive a refund equal to any unused portion of your service for which you have pre-paid. You will not receive a refund for time that your account resided on our servers, unless your cancellation is made within the first 30 days of the account sign-up. Setup fees, when applicable, are non-refundable. You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a £30 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or solicitor) for further action. We also reserve the right to report your unpaid balance to credit reference agencies as well as ISP/web host information services.

NewHosts is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. NewHosts will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

Acceptable Usage Policy

To report suspected abuses or any violations of these policies, 
please contact support@newhosts.co.uk

Illegal Usage

Our Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to NewHosts service agrees to indemnify and hold harmless NewHosts from any claims resulting from the use of the service that damages the subscriber or any other party.
NewHosts will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. NewHosts shall be the sole arbiter of what is considered to be a high server usage level.

CGI/PHP/ASP Scripts

Cgi script sharing with domains not hosted by NewHosts.co.uk is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Chat Rooms

NewHosts does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. NewHosts does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.

Background Running Programs and Cron Jobs

NewHosts does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

NewHosts does not allow IRC or IRC bots to be operated on our servers.

Backups

NewHosts performs daily backups on all servers to ensure critical files are never lost. However NewHosts is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of NewHosts's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of NewHosts to provide this knowledge or support outside matter specific to NewHosts servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a NewHosts server or using an email address that is maintained on a NewHosts machine is STRICTLY prohibited. NewHosts will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channelling activities through a NewHosts server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of £200 fine and will face an immediate suspension.

Server abuse

Any attempts to undermine or cause harm to a NewHosts server or customer of NewHosts is strictly prohibited.

Any sub-networks of NewHosts and dedicated servers must adhere to the above policies. The failures to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

NewHosts.co.uk's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for special arrangement.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. NewHosts.co.uk Web Hosting accounts is not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Database

Any database stored on NewHosts.co.uk servers shall be limited in size to 20% of the total disk space allotted for a particular domain.

Actions Taken by NewHosts

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. NewHosts will be the sole arbiter as to what constitutes a violation of the AUP. NewHosts reserves the right to remove any account without prior notice.

When NewHosts becomes aware of an alleged violation of its AUP, NewHosts will initiate an investigation. During the investigation, NewHosts may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, NewHosts may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, NewHosts will notify the appropriate law enforcement authorities of such violation.

NewHosts does not issue credits for outages incurred through service disablement resulting from AUP violations.

NewHosts customers agree to indemnify and hold harmless NewHosts from any claims resulting from the use of our services that damages them or any other party. The NewHosts service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. NewHosts expressly disclaims any representation or warranty that the NewHosts service will be error-free, secure or uninterrupted. No oral advice or written information given by NewHosts, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NewHosts and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

NewHosts reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

 


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