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New Ideas Web Services, Inc.
Terms of Service Definitions
(This policy is part of our Terms of Service)
Effective: July 20, 2006
GENERAL DEFINITIONS

  1. "Terms of Service" (or "TOS") shall collectively refer to all terms and conditions, policies, and Agreements with and within New Ideas Web Services, Inc.
  2. "Agreement" shall refer to any specific Agreement and/or collection of Agreements and/or policies and/or our TOS as a whole.
  3. "New Ideas Web Services, Inc." shall refer to newideaswebservices.com and any services provided by New Ideas Web Services, Inc.
  4. "We," "us," and "our" shall refer to New Ideas Web Services, Inc.
  5. "You," "Your," and "User" shall refer to anyone who visits and/or uses New Ideas Web Services, Inc. This also includes anyone who views, in whole or in part, any printout, Email, or other similar item/text/graphics. (In most cases, a "Member" can also be considered a "User.") (In some cases, a Member's User may be referred to simply as "User.")
  6. "Visitor" shall refer to anyone who is not (and was not) a "Client," "Member," "Reseller," "Affiliate," and anyone that has had no interaction with us. ("Visitor" is also commonly known as a "web surfer"). This does not refer to someone who simply used the web site or simply contacted us (even with subsequent replies).
  7. "Revise" (or "Revision") shall collectively refer to one or more of the following:
    revise, change, add to, addition, and/or remove from (or delete), make corrections to, edit, move, copy, update, and/or modify.
  8. "Materials" shall collectively refer to (includes, but is not limited to: text, data, photos, images, graphics, logos, icons, film, MP3s, audio, audio clips, video clips, data compilations, Software, postings to message boards and/or forums, original artwork and/or drawings, concepts, web site design, web site coding, and/or other content and/or information). ["Material" and "Materials" are interchangeable].
  9. "Software" shall refer to a collection of computer code (whether in executable or source forms) and accompanying data required to make the code function correctly, along with any documentation that is provided with the code and data.
  10. "Forum" shall refer to any forum (in some cases, it may also refer to any message board, bulletin board, discussion group, and/or other method of communication (except Email) that allows messages (or interaction) to be shared between 2 or more people).
  11. A "Joint Company" is any direct subsidiary and/or direct partner of New Ideas Web Services, Inc.
  12. "Transactional Cookie" shall mean a cookie that is used in a transaction process.
  13. "Legal Action" shall refer to any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigative. Unless otherwise required by law, "Legal Action" may (also or instead) mean dispute resolution through the arbitration process.
ACCOUNT DEFINITIONS
  1. "Account" is a common term and therefore may be used in different ways in different contexts and as such may vary from what is listed here. "Web Hosting Account" has its own separate definition.

    "Account" shall generally refer to the aggregate of all separate Account Subs, and individual separate service Accounts associated with an Account, as may be appropriate in context.
    "Account" may also refer to any database file of any Member of New Ideas Web Services, Inc., as may be appropriate in context.

    When you become a Member, you receive an Account. Each Account receives a Username and Password in which to login to such Account. An Account allows you to access and manage certain services, areas and/or features (including, but not limited to: Web Hosting Account, Add-ons, Email Account, Client Area, Reseller Area, Affiliate Area, Control Panel, Account Area, Billing Area, and/or other areas of importance).

    An Account Owner may hold separate Accounts. An Account Owner may maintain Account Subs in such a manner as described within our TOS.
  2. "Web Hosting Account" shall refer to a service provided by New Ideas Web Services, Inc. where Client receives disk space on one of our web servers connected to the Internet through special very high-speed connections.
    • [When someone connected to the Internet types in your Domain Name (web site address), their computer is actually connecting to our web servers. Our web server finds your Web Hosting Account and brings up the web site you have stored there.] [Our Web Hosting Accounts also include many other features, such as Email.]
  3. "Client" shall refer to anyone who purchases any service(s) and/or product(s) directly from New Ideas Web Services, Inc.
  4. "Member(s)" shall refer to "Client(s)," "Reseller(s)," and "Affiliate(s)." Members will (usually) have login access into a respective Account on New Ideas Web Services, Inc."
    "Member" can also be referred to as "Account Owner." This also refers to anyone who participates in any company or organization that is currently a "Member."
  5. "Former Member" shall refer to those who were a "Member" within the past seven (7) years.
    In some cases, "Member" may also be used to describe "Former Member" as in the present sense. This also refers to anyone who participated in any company or organization who is and/or was a "Member."
  6. An "Account Owner" is anyone who is at least 18 years of age or be an entity such as a company or organization and who is currently registered as the main contact (or entity) for any service (Account) provided by New Ideas Web Services, Inc. The Account Owner is entirely responsible (legally and otherwise) for all matters and actions connected to (related to) their Account. The Account Owner supersedes Billing Account and all Account Subs associated with that Account.
  7. An "Account Sub" is anyone who is at least 13 years of age or be an entity such as a company or organization and who is currently authorized (by the Account Owner) to use the Account Owner's Account. The Account Sub is generally (but not always) the main person who uses that Account. (Commonly used for persons 13-18 years old whose parent(s) and/or legal guardian(s) is the "Account Owner.") (All things that concern "Account Owner" ("Member," "Client," or otherwise referring to the Account Owner) shall also apply to "Account Sub" in relation to its intended use.)
  8. "Member Area" (or "Client Area") shall refer to a special online login area with convenient links to areas commonly accessed by our Members (including, but not limited to: Web Hosting Account, Add-ons, Email Account, Client Area, Reseller Area, Affiliate Area, Control Panel, Account Area, Billing Area, and/or other areas of importance).
  9. "Billing Account" shall refer to the person (or entity) whom the Client designates as having the power to make ongoing billing and payment decisions under our TOS which are binding upon the Account. The Billing Account is responsible for paying for all Client ordered services. (In case of dispute, the Account Owner shall supersede the Billing Account.) An Account Sub does not supersede the Billing Account.
  10. "Username" shall refer to the method in which to access a Member's New Ideas Web Services, Inc. Member Account via a unique code.
    Each Username receives a "Password" in which to verify right to login to that Username (Account).
  11. "Member Information" (or "Account Information") shall mean all information (posted and/or entered and/or submitted by Account Owner, Authorized User, or New Ideas Web Services, Inc., in the course of Member registration(s) and/or approval(s) and/or any Revision(s) thereof), preferences, photographs, and other data relating to Members, however collected. Some of this information may be considered public domain (by U.S. law).
PAYMENT POLICY DEFINITIONS
  1. "PayPal" shall refer to PayPal, Inc. (an online payment service that enables consumers with an Email address to send payments online.).
  2. "Payment Method" shall refer to the form(s) of compensation used to pay for services and/or products. It can refer to one or more of the following: credit card, PayPal, eCheck, personal check, business check, cashiers check, certified check, money order, cash, and/or other approved or agreed upon form of compensation.
  3. "EFT" shall mean "Electronic Funds Transfer" (primarily used with checks).
  4. "Past Due" shall refer to an Account where payment has not been received by the billing due date.
  5. "Holding Past Due" shall refer to an Account where any payment is rejected, denied, and/or questioned by the Client's source of Payment Method.
  6. "Delinquent" shall refer to any Account where payment has not been received, in full, within fifteen (15) days after the billing date.
  7. "Overdue" shall collectively refer to any Account that is either "Past Due," "Holding Past Due," or "Delinquent."
  8. "Promo Code" shall refer to a special code that can be entered into the ordering page so that you can get some form of discount or promo item. A Promo Code can only be used when that separate service is first ordered.

    Some Promo Codes may be unique; others can be used on each separate order. Each unique Promo Code can be redeemed only once. Promo Code may or may not apply to multiple purchases on the same order. Some Promo Codes may not be valid with other offers. Promo Code may be redeemed through our web site, through our printable order forms, or via telephone order toward the purchase of the item(s) and/or service(s) specified in the offer. Promo Codes are not valid for payment of any current preexisting service. No item or service substitutions. Promo Codes are not redeemable for cash. Promo Code may not be resold. Promo Code is void where prohibited. We reserve the right to reverse any discount due to unauthorized, altered, or ineligible use of a Promo Code.
  9. "Discount Code" is the same as a Promo Code except that it can be used at any time.
COPYRIGHT AND MARKS POLICY DEFINITIONS
  1. "Mark" (or "Marks") shall collectively refer to any type of marked rights (including, but not limited to: copyrights, trademarks, service marks, and/or logos).
  2. "Claim of Mark Violation" shall refer to a notice (alleged claim) of Mark infringement submitted to New Ideas Web Services, Inc. by the alleged owner (or the person authorized to act on behalf of the owner) of the Mark.
  3. "Submissions" shall collectively refer to (includes, but is not limited to: text, data, sign ups, profiles, photos, images, graphics, film, MP3s, audio, videos, cassettes, CDs, DVDs, audio clips, video clips, data compilations, software, ideas, suggestions, feedback, questions, comments, postings to message boards and/or forums, stories, character ideas, screenplays, original artwork and/or drawings, concepts, physical materials, and/or other content and/or information).
WEB HOSTING AND DOMAIN NAME DEFINITIONS
  1. "Web Page" shall refer to any one (1) individual page and any embedded pages and code contained in Client's Web Site.
  2. "Web Site" shall refer to all Web Pages (and other Materials and Client's own services) associated with Client's Web Hosting Account.
  3. "Domain Name" shall refer to the alphanumeric name associated with Client's web site or Email registered with a domain name registrar. [Example: Example-of-a-Domain-Name.com]
  4. "Domain Name Registrar" shall refer to an ICANN approved organization that is responsible for the registration of Domain Names.
  5. "Registrant" " shall refer to the person (or entity) to which a Domain Name is officially registered. (Can also be referred to as "Domain Name Registrant").
  6. "Network" shall refer to our Web Hosting System (in part or in whole).
  7. "Add-ons" are extra options available. (Receiving a service or quantity of an item beyond that allotted by the normal service is an "Add-on.")
RESELLER AND AFFILIATE DEFINITIONS
  1. "Reseller" shall refer to anyone who resells any service(s) provided by New Ideas Web Services, Inc.
  2. "Affiliate" shall refer to an independent third party that has signed up and is registered with our Affiliate Program.
  3. "Affiliate Program" shall refer to our use of independent third party Affiliates to drive traffic to New Ideas Web Services, Inc. (usually via a link containing a unique Affiliate code) and are rewarded (usually with a commission credit or other incentive) on the valid sales they generate for New Ideas Web Services, Inc. Affiliates have the potential to earn a significant amount of money.
SPYWARE

"Spyware" shall be defined as "software that aids in gathering information about a person or organization without their knowledge and which may send such information to another entity without the consumer's consent, or asserts control over a computer without the consumer's knowledge." (as defined by The Federal Trade Commission) This includes, but is not limited to; Software that follows your Internet surfing habits, serves up advertisements; and/or Software that "modifies default computer settings as to home page or search, unless notice is provided and consent is obtained in advance." (US House of Representatives (Inslee, 2004)).

For the purposes of this definition, the following are not considered Spyware:
  1. the normal temporary download of normal web page and web code to fulfil a User initiated action (this includes, but is not limited to; HTML, XML, PHP, JavaScript, CGI, PERL, cookies, .PDF documents, and communication of routine network information)
  2. any Software (and/or plug-ins) that
    • requires the user to view and agree to a licensing agreement before installation of any Software (and/or plug-ins); and
    • allows the user to reasonably uninstall the entire Software (and/or plug-ins) and all Software (and/or plug-ins) installed with it (and without effects to other unrelated Software on that computer)
  3. Adware (such that serves ads in exchange for use of their Software) (must adhere to #2 above)
  4. Live Help systems - Systems where the sole purpose is to (or at least attempt to) interact with your current web site user
  5. Internet messaging programs (including, but not limited to; AOL, AIM, Yahoo! Messenger, MSN Messenger, and ICQ)
OTHER DEFINITIONS

There may be more definitions within other respective pages of other policies within our TOS.

New Ideas Web Services, Inc. reserves the right to; Revise any definition(s) within our Terms of Service at any time and with or without reason and with or without notice.
Questions - Additional questions about our Terms of Service Definitions:
New Ideas Web Services, Inc.
Merrill Lynch Plaza
130 W Main Street
Fort Wayne, IN  46802
USA
 
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