Term of Services
Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between newGLOBALweb and you. If you have any questions about what you see on this page, please feel free to contact us at support@newGLOBALweb.com.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "newGLOBALweb" or "us" or "we" refers to Hosting Services.
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase newGLOBALweb), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy.
Verification
There are instances in which we may require verification for your order you may send us the following form. You can send it to our the address billing@newGLOBALweb.com Verifications are reviewed by our billing department and are deleted and destroyed afterwards. We strongly believe in your privacy and protection of your sensitive information.
Cancellation
As we explain in this paragraph, we offer you a money-back guarantee on all shared hosting plans if you cancel with us during the first 30 days. Please note, VPS plans ARE NOT ELIGABLE for the money-back guarantee. And here is how our cancellation policy works. It is very simple. If you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by submitting information through our cancellation form. Upon completion of this cancellation process, your account will be terminated immediately.
If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. Domains are NOT eligible for a refund. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration and transfer and SSL certificates are non-refundable. Our policy regarding web design services is as follows: We do not issue refunds once we have started work. If you order design services and cancel before we have started working on the design and before 30 days have passed then we will refund the full cost of the design service. In addition, we do not offer refunds on VPS hosting plans as they are month to month and there are no contracts involved.
newGLOBALweb also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff or if the account has a detrimental effect on the services of other users and/or causes any other users to have a reduced or disproportionate level of service.
Rebates
In order to qualify for a rebate from newGLOBALweb, you must provide the following information via our website at http://newGLOBALweb.com
* Your welcome and cancellation documents from your previous host
* The name of the domain to be transferred
* The contract terms and conditions of the previous plan
* The rebate will be issued as a credit to your account to be applied to your next invoice. The amount of the credit will be the pro-rated balance for services left on your account with your former host, not to exceed $50.00.
The information must be provided to us in the format set out in the website. If the information provided through that form satisfies our requirements, you will receive your rebate as an account credit that will apply to your next invoice. Rebates will be granted only to the registered account holder. The rebate will be given once your account has remained open for 30 days. We reserve the right to refuse a rebate if you provide insufficient documentation. We reserve the right to refuse a rebate if you provide insufficient documentation. Submission of a rebate request via rebates.newGLOBALweb.com indicates your acceptance of these terms. One rebate will be given per Client ID. Our determination regarding whether or not you qualify for a rebate will be final.
Automatic Renewal
When you sign up, your newGLOBALweb account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to newGLOBALweb, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in secure.mpcustomer.com.
If more than 14 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account was renewed and you have not made payment in full, newGLOBALweb shall have the right to delete all data you have uploaded to the servers. You hereby acknowledge that this is newGLOBALweb's policy when it comes to data retention, and waive all rights in and to your data in these situations.
Bandwidth Overages (VPS Only)
By agreeing to these terms, you understand that newGLOBALweb will bill you for bandwidth overages in the amount of $0.20/GB. Upon request, we will provide you a login for you to track your usage. NOTE: The bandwidth period is from the 24th to the 24th of every month.
Backups
We will make every attempt to retain nightly backups of your data free of charge. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis.
Acceptable Use/Illegal Activity
newGLOBALweb strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
* Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
* Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
* Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
* Uploading or linking to any content that violates another's right of publicity or privacy.
* Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
* Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
* Hosting large amounts of data not specifically tied ("linked") to your hosting account. Hosting Services, encourages users looking for file storage/backup solutions to seek other services that specialize in this.
* Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the resources of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Special Pricing Notice
Special monthly pricing displayed is only available after term pre-payment. We offer quarterly and semi-annual payments setup fee which can not be waived.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Indemnification
If Hosting Services, is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Hosting Services, is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse Hosting Services, for what it pays to satisfy a judgment or settle a case, you also agree to pay Hosting Services, reasonable attorney's fees and all other costs Hosting Services, incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Hosting Services, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hosting Services, MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Hosting Services, DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Hosting Services, cannot be held liable for it. IN NO EVENT SHALL Hosting Services, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Hosting Services, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Hosting Services, due to your enrollment in the affiliate program.
When These Terms Take Effect
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (vps, shared, etc.) If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using Hosting Services, you agree to the above terms of services.
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