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.
In consideration for Newport Internet maintaining one or more accounts (each "Account"), you agree to the following terms of service.
"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 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.
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)
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.
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
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.
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 email@example.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 firstname.lastname@example.org.
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 email@example.com or via postal mail to:
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.
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.