By using services (“Services”) provided by NEWMEDIA, Client/Customer agrees to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify NEWMEDIA against any claims arising from any violation of this Policy as per the NEWMEDIA Master Service Agreement.
First and foremost, Clients/Customers must be in compliance with all provisions of their Agreements with NEWMEDIA at all times. In the event that any Client/Customer is non-compliant, NEWMEDIA will provide written notice of such non-compliance as a courtesy. If Client/Customer indicates a refusal to comply, and/or fails to comply within 24 hours of such written notice, NEWMEDIA may immediately suspend service including, but not limited to, live website hosting, hourly performance of services, email hosting and delivery, and any other services as may be currently pending between Client/Customer and NEWMEDIA. In such event, NEWMEDIA shall not be liable to Client/Customer for exemplary, incidental, indirect, special or consequential damages of any kind, including without limitation loss of profit, savings or revenues, or the claims of third parties including end users, whether or not NEWMEDIA has been advised of the possibility of such loss, however caused and on any theory of liability.
The Order for hosting represents a binding contract between the Client/Customer and NEWMEDIA Per the Master Hosting Agreement the following sections should be taken into consideration prior to entering into such contract, as they relate to termination of service by the Client/Customer, or by NEWMEDIA:
4.3 Cancellation Policy – All hosting payment terms, unless otherwise negotiated, are on a 12-monthly basis. There are no partial refunds or credits for early cancellations. All payments to NEWMEDIA are final and non-refundable.
20. Money Back Guarantee – NEWMEDIA offers a limited Money Back Guarantee to all new clients. The purpose of this guarantee is to allow clients to experience NEWMEDIA’s services and determine that they meet or exceed industry standards. To this end, if and only if NEWMEDIA has not met industry standards for service performance and reliability during the first 72 hours of a new hosting account being online, NEWMEDIA will refund the client’s hosting fees. This refund will not include any setup fees or hourly support fees paid to NEWMEDIA.
In all other circumstances monies paid to NEWMEDIA are final and nonrefundable.
Good Faith and Professional Courtesy. Client agrees that it will act in all matters with NEWMEDIA in a courteous, professional manner, and at all times be respectful of NEWMEDIA personnel’s time, other customers and clients, and additional professional commitments. The Client along with its respective principals, employees, contractors and partners, agree to conform to reasonable scheduling requests, including meeting and phone call requests with reasonable advance notice, and to at all times work with NEWMEDIA in a professional, polite and courteous manner. Violation of this basic requirement after repeated notice is grounds for immediate termination of Client’s service by NEWMEDIA.
Clients/Customers, not NEWMEDIA, assume all responsibility relating to their Internet activities including, but not limited to:
- Aspects of the Client/Customer’s business
- Content and data provided by or through a Client/Customer Client/Customer’s computer and communications systems needed to access the Services
- Results obtained from using NEWMEDIA Services
- Compliance with all applicable laws and governmental regulations regarding Client/Customer’s business or use of the Services
- Use of the NEWMEDIA services by Client/Customer’s end users
- Compliance with this Acceptable Use Policy by the Client/Customer and Client/Customer’s end users
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Client/Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.
Client/Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Network Impace/Outage/Abuse
Using the NEWMEDIA network in any way that adversely affects other NEWMEDIA Client/Customers are strictly prohibited, whether intentional or otherwise.
This includes but is not limited to:
- Gaining or attempting to gain unauthorized access to servers or services.
- Such attempts include but are not limited to: “Internet phishing scams” (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
- Using IP addresses which were not assigned to them by NEWMEDIA.
- Running Internet Relay Chat (IRC) servers, bots or clients.
Illegal Content Accounts may be terminated that include content or where links are provided to content that:
- Is unlawful.
- Is considered offensive by the web community in general.
- Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Exploits or depicts children in a negative or sexual way.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
- Violates any law, statute, ordinance or regulation governing the Customer’s business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
SPAM or Unsolicited Commercial Email
NEWMEDIA has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. NEWMEDIA Client/Customers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Client/Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts). Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, NEWMEDIA will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, NEWMEDIA will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Client/Customers’s access to our network. Repeated or serious violations may result in the immediate termination of the account.
SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.
NEWMEDIA reserves the right to apply a minimum USD $500 per complaint investigation/resolution charge.
NEWMEDIA Administrative Login and Management Software
To facilitate data center/network/server management, inventory and related activities, NEWMEDIA dedicated and shared servers include a NEWMEDIA administrative account and password and/or a NEWMEDIA daemon. All reasonable precautions are made by NEWMEDIA to maintain the security of these tools and the privacy of client data. Client/Customers cannot tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and is grounds for the immediate suspension and/or termination of a Client/Customers’s account.
Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. NEWMEDIA has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above. Release of Liability In the event that Client/Customers wish to take possession of their website code, host it on 3rd party servers, or allow full administrative access to non-NEWMEDIA personnel, we will require a signed Acceptance of Work Product and Release of Liability agreement prior to any release of files.
Additional Fees
NEWMEDIA reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard NEWMEDIA investigation/resolution/cleanup fee is a minimum of $500, and may increase depending on circumstances/intent. Additional hourly fees, charged at NEWMEDIA standard rates, may also apply.
NEWMEDIA reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to NEWMEDIA’s web site at: http://www.NEWMEDIADenver.com.
NEWMEDIA Clients/Customers agree to and are responsible for regularly reviewing this Policy. Continued use of NEWMEDIA services following any changes shall constitute acceptance of those changes by Client/Customer.
This policy recognizes the fundamental fact that no one owns or controls the Internet. NEWMEDIA cannot monitor or control all activities of our Clients/Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Clients/Customers.