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New Ideas Web Services, Inc.
Web Hosting Agreement |
(This policy is part of our Terms of Service)
Effective: July 12, 2004
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For definitions, please see our
Terms of Service
Definitions.
CLIENT WEB SITES
New Ideas Web Services, Inc. agrees to provide to Client a Web Hosting Account whereas
Client agrees to pay New Ideas Web Services, Inc. according to the terms agreed upon
during (each) service sign up (and as Revised).
SEPARATE SERVICE
Domain Name Registration, Web Hosting Add-ons, Web Design, and any other
services are sold separately and are not a part of any Web Hosting Account.
The only exception may be where expressly stated via special plans, special
promos, and/or special contracts.
DOMAIN NAME REGISTRATION
In the event that you register a Domain Name with us, you agree to general
Domain Name conventions and also to the terms and conditions of that Domain
Name's registry (which supersede said conventions).
Domain Name registrations are not effective until we have delivered the Domain
Name registration information (application) you provide us to the registry
administrator for the TLD, as applicable, and the registry administrator
puts into effect, your Domain Name registration (or renewal). We cannot (and
therefore do not) guarantee that you will be able to register or renew a
desired Domain Name, even if our systems (and/or the registry) indicated
that the Domain Name was available when you signed up.
You agree and acknowledge that New Ideas Web Services, Inc. (and any third-party
registrar) is not liable or responsible in any way for any errors, omissions
and/or any other actions by (you or) the registry administrator arising out
of or related to your application and receipt of, or failure to receive,
a Domain Name registration.
Any additional (known and/or unknown, expected and/or unexpected) costs,
if any, (including, but not limited to: obtaining, renewing, and/or maintaining)
related to a specific Domain Name for Client shall be immediately reimbursed
to New Ideas Web Services, Inc. upon invoice from New Ideas Web Services, Inc. to Client.
WEB SITE CONTENT
All services provided by New Ideas Web Services, Inc. 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 local law is strictly
prohibited. This includes, but is not limited to: use of any product and/or
service for uses other than its indented purpose, copyrighted Material, Material
we judge to be threatening or obscene, Material that is "adult only" content,
or Material protected by trade secrets or other statute.
Examples of unacceptable content, Material, links, any/or usage:
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any program that collects and/or sends out Spam
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sexual content, sex-related merchandising, and/or links to such adult content
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pornography and anything that may be construed (by New Ideas Web Services, Inc.) as
such
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defamatory, obscene, indecent, or abusive speech or Materials
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promotion of any illegal activity
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promotion and/or display of; any killing, execution, and/or other murder
or death
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anything that is fraudulent, libelous, abusive, or highly offensive
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anything that violates any third party's rights or privacy
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warez sites and warez content (including, but not limited to; hacker programs
and hacker archives)
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"Fan Fiction" (false and made up stories featuring celebrities or others)
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content and/or Materials that may be damaging to our server(s) or any other
server on the Internet
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Other exceptions may apply, as determined by New Ideas Web Services, Inc.
Links to such Material are also prohibited. New Ideas Web Services, Inc. will be the
sole arbiter as to what constitutes a violation of this provision. A removal
order may occur at any time, even if previously "allowed," with or without
notice of any kind. A removal order is an internal term and does not require
us to provide any reason or any notice (previous, or otherwise) to Client
or anyone else. If we find what we consider child pornography of any kind,
we will report you to the FBI (and/or other appropriate third parties) and
terminate your Account.
LEGAL COMPLIANCE
Client is solely responsible for compliance with all applicable laws (including,
but not limited to: Children's Online Privacy Protection Act (COPPA)).
ELECTRONIC COMMERCE (WEB STORE, E-COMMERCE)
You are allowed to maintain a web store on your web site.
We have a great web store system available for you to use.
You will be solely responsible for all aspects of your online E-Commerce.
This includes, but is not limited to: operation, maintenance, administration,
content, Materials, accuracy, appropriateness, calculation and application
of shipping and sales tax, orders (including, but not limited to: order
acceptance, processing, handling, and fulfillment), inquiries and complaints
arising there from, payment issues (including, but not limited to: security
of credit card numbers and bank information), privacy issues (including,
but not limited to: your customer's personal information), legal issues,
tax issues, and all other E-Commerce related issues. New Ideas Web Services, Inc.
shall not be held liable for any disputes arising from your E-Commerce, even
among our own Members using another Member's E-Commerce web site.
ACCEPTABLE DISTRIBUTION OF MEDIA (MP3 AND OTHER FILES)
[The main purpose of this provision is to help avoid illegal file
distribution].
Only the following types of New Ideas Web Services, Inc. Clients may distribute audio,
video, and/or other multimedia files.
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Company specific files (reasonable use).
(Example: A real estate company providing voice audio describing houses being
sold on their web site.)
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Music Industry (Music Groups, Bands, and Singers) (both local and national)
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TV Industry (TV Shows, TV Stars, and Soap Stars)
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Movie Industry (Actors, Actresses, Directors, and Producers)
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Artist Management (Management Companies, Managers)
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TV and Movie Star Management (Management Companies, Managers)
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Talent Agents/Scouts
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any persons and businesses approved by New Ideas Web Services, Inc.
Most reasonable exceptions will be considered and likely approved.
You must be able to provide some form of verification.
Such files can only be for the reasonable use as is relevant to that group's
purpose (i.e., a band or music group distributing their own (original) music
for site visitors to hear as an example of their work). New Ideas Web Services, Inc.
reserves the right to restrict any or all files due to "excessive use," as
determined by New Ideas Web Services, Inc.
We generally do not allow web sites whose sole purpose is to distribute free:
products, Software, shareware, freeware, music, audio, and/or video for download.
(We generally allow exceptions for music groups via a Joint Company - If
this applies to you, contact us about
it.)
New Ideas Web Services, Inc. reserves the right to make special exceptions in any
case, with or without reason.
ADVERTISING (WEB HOSTING)
WE DO NOT PLACE ADS ON YOUR SITE
New Ideas Web Services, Inc. does not place any banners, pop-ups, pop-unders, or forced
ads of any kind on your Client web site.
CLIENT WEB SITES
Clients may place advertisements (ads) on their own web sites. However, we
do not allow you to place advertisements of competitors to New Ideas Web Services, Inc.,
unless pre-approved. This provision does not apply to our Resellers.
SOFTWARE DOWNLOADS / SOFTWARE USE (WEB HOSTING)
Web Hosting Accounts that offer Software are required to advise users/visitors
(or make it obvious) that they are about to download that piece of Software.
(Basically, don't trick them and don't hide it from them).
SPYWARE NOT ALLOWED ON OUR SERVERS
What
is Spyware?
Web hosting Accounts may not contain Spyware and may not knowingly directly
link to Spyware.
If your web hosting Account is found to contain Spyware, we may suspend and/or
terminate your Account(s) without notice. New Ideas Web Services, Inc. also reserves
the right to fine Member violators up to $10,000.00 (or actual damages if
greater) for each separate (occurrence) violation of this provision of our
TOS.
New Ideas Web Services, Inc. and Staff (as defined within this TOS) shall not be held
liable (by User or Member's User) for any web site hosted on our servers,
and/or any web site (or server) that is linked from any web site (or server)
on our network. New Ideas Web Services, Inc. shall have no obligation to monitor web
sites or servers for Spyware.
If you think your computer may have Spyware, please visit our
resources page.
FORUMS
New Ideas Web Services, Inc. may provide a Forum for Web Hosting Client to use on
Client's web site. Such Forum is subject to our TOS.
To use this Forum, you must have it installed on your Account. You are fully
responsible for your Forum. You acknowledge that anyone who posts in your
Forum may post messages or make statements, whether intentionally or
unintentionally, that are inaccurate, misleading or deceptive. They may not
know what they say they know. They may not be whom they say they are. They
may not be affiliated with whom they say they are affiliated with. Information
listed in the Forums may not be current, accurate, or reliable. New Ideas Web Services, Inc.
is not responsible for any content (including, but not limited to,
messages, statements, opinions, advice, information, Email addresses, celebrity
screen names, personal information, or other Materials) posted on the Forums
and has no obligation to monitor them.
CHAT ROOMS
We have a special chat room program called PHP Open Chat that you can install
on your Web Hosting Account. This requires one (1) available (unused) MySQL
Database.
OTHER CHAT ROOMS
As a general rule; we do not allow other chat rooms running on our servers.
OWNERSHIP OF CONTENT
All content and Materials stored by Client on our servers shall at all times
remain the property of Client. Client grants to New Ideas Web Services, Inc. a
non-exclusive, worldwide (and universewide) license to the content and Materials
(including that supplied by third parties) to the extent necessary (including,
but not limited to: complete web site caching and multiple backups) for us
to host your web site.
You understand and agree that all Materials, Software, and other content
used (including, but not limited to: upload, post, transmit, or otherwise
make available {publicly or privately}) in connection with any service provided
by New Ideas Web Services, Inc. are your sole responsibility (and possibly also the
responsibility of who originated it). Client assumes all associated risks.
IP ADDRESS OWNERSHIP
New Ideas Web Services, Inc. shall maintain and control ownership rights of all IP
addresses that may be assigned to Client by New Ideas Web Services, Inc. We also
reserve the right, in our sole discretion, to change or remove any and all
such IP addresses.
BACKUPS
You are advised to make your own backups of any and all web sites, Email,
Material, and everything else that you use with your New Ideas Web Services, Inc.
Account. You are also advised to consider keeping a second backup copy at
another location. We do not provide site-specific backup files to our Members.
Any backups are only to be used in the event of server problems. It is also
a good idea to printout any and all transactions made with New Ideas Web Services, Inc.
(and any web site therein) and any other third party and to keep for your
records. We do not guarantee the backup of any web site. We are not responsible
for any failed and/or lack of backup.
RESALE OF SERVICES
You may resell space on your Web Hosting Account as long as your customers
agree to our TOS. You may find it much easier to simply become a Reseller
through our Reseller Program.
TRAFFIC/BANDWIDTH OVERAGE
Sites that go over the allowed bandwidth limit may be charged overage fees.
Client must pay any overage fees within 30 days. Your Account is subject
to suspension and/or termination if bandwidth overage is unpaid for. Any
web site is subject to bandwidth throttling. Please
contact us in advance if you believe
that your web site(s) will use an exceptionally large amount of bandwidth
(more than 5 GB a month), we may be able to create a special high bandwidth
plan for you for a reasonable fee. (Don't worry, this only affects about
3 out of every 100 web sites).
EXPECTED SPECIAL TRAFFIC INCREASES
If Client has reason to believe that Client's Web Hosting Account will receive
a significant increase in traffic (including, but not limited to: advertising
campaign, sponsorships) to their web site(s) and/or Domain Name(s), Client
is required to notify us as soon as reasonably possible. At least thirty
(30) days advance notice is suggested. [We do this to ensure that other Clients
are not inconvenienced and so that we can determine if we should allot extra
resources for that Account]. We reserve the right to require a deposit for
expected extra bandwidth usage, as determined by New Ideas Web Services, Inc. If
Client does not notify us in advance, we reserve the right to set Web Site
Hits limits to help protect other Clients on that server.
EXCESSIVE SERVER RESOURCE USAGE
Web Hosting Accounts that, in our sole discretion, use an excessive amount
of server resources may be subject to immediate deactivation. You will be
allowed to adjust your processing programs, upgrade to another server, or
simply find another web host. (Excessive resource use causes extra load on
the CPU, memory, and possibly other programs, which causes the server to
load sites too slow.) (Most web sites will not have to worry about this.)
IRC
We do not allow IRC or IRC bots to be operated on our servers.
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Questions - Additional
questions about our Web Hosting Agreement:
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New Ideas Web Services, Inc.
Merrill Lynch Plaza
130 W Main Street
Fort Wayne, IN 46802
USA
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