-
The undersigned Web
Hosting Customer agrees to abide by the following
provisions of this service contract and may have
to agree to additional provisions from New
Generation Hosting covering this and/or any future services
added to this agreement.
1. The Web Hosting account and/or related
electronic services can only be used for legal
purposes under all international, federal,
provincial, and municipal laws. Violations of
this or any other provision of this agreement
can result in a 30 day notice to terminate
service or an immediate termination of service
depending upon the severity of the violation.
New Generation Media reserves the right to refuse
service if the content of information provided
is deemed illegal, misleading, or obscene, in
the opinion of New Generation Hosting. Web Hosting
Customer
agrees not to store, transmit, link to,
advertise or make available any images
containing nudity. New Generation Hosting
will make the final decision in any dispute over
unacceptable context, and Web Hosting Customer
agrees to accept New Generation Hosting's decision.
2. New Generation Hosting reserves the right to increase
prices at any time. If this service is paid
quarterly/bi-annually/annualy it may be subject to future price
increases. The Web Hosting Customer agrees to
follow generally accepted rules of "Netiquette"
when sending e-mail messages or posting to
newsgroups. Web Hosting Customer is responsible
for security of their password. New Generation
Hosting
will not change passwords to any account with
out proof of identification which is
satisfactory to New Generation Hosting, which may include
written authorization with signature. In the
event of any partnership break-up, divorce or
other legal problems that includes Web Hosting
Customer, Web Hosting Customer understands that
New Generation Hosting will remain neutral and
may put the account on hold until the situation
has been resolved. Under no circumstances will
New Generation Hosting be liable for any losses incurred by Web
Hosting Customer during this time of
determination of ownership, or otherwise.
3. The Web Hosting Customer agrees not to harm
New Generation Hosting and its vendors, its reputation,
computer systems, programming and/or other Web
Hosting Customers using New Generation Hosting.
New Generation Hosting and authorized vendors reserve the right
to select the computer for Account Holders
web-site for best performance. If Web Hosting
Customer breaches this agreement, then New
Generation Hosting has the right to terminate service without
any refunds of the unused portion prepaid by Web
Hosting Customer. The Web Hosting Customer agrees
to indemnify and hold harmless both New
Generation Hosting
and any other Web Hosting Customer from any and
all claims and/or costs resulting from the Web
Hosting Customers use or abuse of their service
in any manner.
4. Web Hosting Customer understands this service
is provided on a shared server. This means that
one web-site can not overwhelm the sever with
heavy CPU usage from highly active CGI scripts
or chat scripts. If your web-site overwhelms the
server and causes complaints from the other
users, you have outgrown the realm of shared
servers, and will need to relocate your
web-site. New Generation Hosting will refund any unused
portion of prepaid services. If at any time, Web
Hosting Customer breaches any part of this
contract and New Generation Hosting must engage in the
services of an attorney, then Web Hosting
Customer will pay any and all of New Generation
Hosting and
its vendors reasonable attorney fees and court
costs. The Web Hosting Customer's rights and
privileges cannot be sold or transferred without
written consent from New Generation Hosting.
-
-
5. Web Hosting Customer understands that the
online billing system will convert the prices
from Maltese Lira (MLT) to US Dollar (USD) by
multiplying the price by 3.00. Changes in the
price can make the product cheaper or more
expensive. The Customer, by filling the order
form agrees that no action is to be taken
against New Generation Hosting in case the
product will cost the Customer more than there
is listed on the website. New Generation Hosting
agrees to take no action against the Customer if
payment received and converted to Maltese Lira (MLT)
is less than that stated on the website. Both
parties understand that the exchange rate is not
the Customer's or New Generation Hosting's
responsibility and that New Generation Hosting
chose to multiply the price by 3.00 to eliminate
losses due to frequent change in the exchange
market.
6. This contract represents the complete
understanding between the parties. If Web
Hosting Customer sells or resells advertising or
web space to a third party then Web Hosting Customer will be responsible for the contents of
that advertising and the actions of that third
party. New Generation Hosting and its vendors have the
right to reject any illegal or offensive
content. The e-mail distribution by the Web
Hosting Customer of "SPAM" , "JUNK MAIL", or
"UNSOLICITED COMMERCIAL E-MAIL", is expressly
prohibited. If Web Hosting Customer refuses to
remove any content found objectionable by New
Generation Hosting, New Generation Hosting may terminate service.
7. New Generation Hosting will use its best efforts to
maintain a full time Internet presence for Web
Hosting Customer. The network may be down due,
but not restricted to, utility interruption,
equipment failure, natural disaster, acts of
God, or human error. Web Hosting Customer agrees
that these events may or may not occur and Web
Hosting Customer will hold New Generation
Hosting, its
vendors, employees, owners, contractors, free
and harmless from any damages incurred in any
event of any type of loss resulting from any
reason whatsoever. New Generation Hosting's total liability
under all circumstances will never exceed the
amount paid by Web Hosting Customer for duration
of this agreement. If Web Hosting Customer
selects the option for 12 months prepaid service
then any amounts prepaid cannot be refunded by
New Generation Hosting in the event Web Hosting Customer
stops using this service.
