Additional Information and Terms Of Service

NewMediaHost.com is run by PC-IT Software

Terms of Service: By purchasing services from us, you agree to our Terms of Service (TOS). Due to the shared nature of our servers, there are certain activities that we must limit and/or prohibit in order to maintain high standards of performance for all of our users. Please read the entire TOS for specific information. If you have any questions regarding the TOS please contact us.

HOSTING AGREEMENT BETWEEN YOU AND PC-IT
For Shared Web Hosting and Email Services
Terms of Service
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NewMediaHost.com Terms and Conditions

Payment Policies:
Full payment is required before any hosting service is rendered, which includes renewals.

It you account is terminated due to violation of the TOS, reactivation is at sole discretion of NewMediaHost and we reserve the right to refuse reactivation for any reason.

Indemnification Policy:
You agree to use all NewMediaHost.com services and facilities at your own risk. NewMediaHost.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall NewMediaHost.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold NewMediaHost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NewMediaHost.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless NewMediaHost.com against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with NewMediaHost.com's server;Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Copyright infringementAny defective products sold to customer from NewMediaHost.com's server. NewMediaHost.com shall be the sole judge of what violates this Policy.

Server abuse policy:
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

SPAM Policy:
NewMediaHost.com is committed to a zero-tolerance, anti-Spam policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the NewMediaHost.com network, by customers or any other users of the NewMediaHost.com network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the NewMediaHost.com server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an NewMediaHost.com server or web site URL is prohibited. The use of NewMediaHost.com servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $100 + $1 per message sent.

If you have any complaints or comments regarding Spam on our network, please direct them via email subject Abuse.

Content Policy:
All services provided by NewMediaHost.com 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 City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless NewMediaHost.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult content is permitted, but you are ultimately responsible for any and all content. You are responsible for all legalities.

Prohibited are sites that promote any illegal activity or present content that may be damaging to NewMediaHost.com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links

Pirated software
Hacker programs or archives
Warez sites
Copyrighted MP3 Distribution
Scam Sites
Any illegal activity, spam, or hacking will result in your site being shut down without warning!

NewMediaHost.com will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy:
NewMediaHost.com may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups. We have strict policies on the amount of Email allowed per day, to protect both ourselves and our clients from Spam/Spammers causing unnecessary issues.
These limits are: 375 Emails per Hour, for a total of 9,000 Emails a day.
Failure to adhere to these limits will result in all emails over the limit to be directly bounced back as "Undeliverable Domain".

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that effects normal server operation or service to other NewMediaHost.com customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

NewMediaHost.com is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support tech's to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Traffic Policy:
NewMediaHost.com allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Unless you have one of our "unlimited media" accounts NewMediaHost.com customers are discouraged from storing any files that cause excessive traffic on NewMediaHost.com servers. Please contact NewMediaHost.com Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to NewMediaHost.com or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Resellers:
We do not offer or allow any reselling of web space.

Production Readiness of code:
It is expected that any code executed by the server be of such quality as to not interfere with the performance of the server. The Company does not permit sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations.

Fantastico:
Fantastico is third part software used to install third party software. We do not provide support for Fantastico or the third party software it installs. You are responsible for maintaining any software installed by Fantastico.

Cpanel:
This tool is third party software and is provided so that you can perform most account management functions youself. To keep our costs low, it is expected that subscribers will make use of this tool whenever possible to perform "self service" of their account.
Hosting accounts consist one cpanel account and the ability to add
multiple domains as specified in subscription using the parking and
addon domain features of cpanel. Please see this link for how this works.
www.newmediahost.com/domains.html

Backups:
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of NewMediaHost.com, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, NewMediaHost.com will attempt to recover the data from the most recent archive for a $50.00 fee.

Cancellation:
To cancel your account, please contact Customer Service at Client Center. You can cancel on your subscription cycle. Yearly plans are not prorated. You must forward your initial welcome email as confirmation of your identity. It is the Client's Responsibility to secure email confirmation from NewMediaHost.com that account has been cancelled. If the client has not yet received email conformation of account cancellation, then the account remains active, and you will continue to be charged.

If cancellation is done by NewMediaHost.com due to restrictions violation, there will be no refund. NewMediaHost.com will only allow for the discount if cancellation is not the fault of the client, as determined by NewMediaHost.com All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. NewMediaHost.com reserves the right to change prices at any time unless there was a prior agreement.

Support Policy:
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the NewMediaHost.com support staff to teach you how to use aspects of the tools at your disposal. Fantastio and it's scripts are provided free of charge, support is not provided for these scripts. All issues directly server related will be fully supported by NewMediaHost.com.

Torturous Conduct:
Any abuse towards any NewMediaHost.com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing NewMediaHost.com or utilizing the Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at NewMediaHost.com or it's employees shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards NewMediaHost.com or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS.
NewMediaHost.com will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.

NewMediaHost.com reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. NewMediaHost.com strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. Beyond our TOS, you must also comply with the TOS and AUP of the datacenter (servermatrix.com) where our servers are housed. These brief guidelines are imposed to protect you, other NewMediaHost.com customers and us against such harm.