NewFound Hosting Terms and Conditions

Newfound Hosting reserves the right to change this policy at any time. By using Newfound Hosting's services, facilities, and website, you are held responsible to abiding by these terms. Failure to do so may result in a legal dispute.

(1) Account Setup / Termination

(1.1) Account Setup / Email on file

It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. Any issues regarding your account will be sent via email to your primary email address. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Newfound-Hosting, the contact information for your domain will be the same as your account information. If you need to verify or change this information, you should contact our support team via email. Providing false contact information of any kind may result in the termination of your account.

(1.2) Account Merge / Termination

If you would like to merge two accounts into one account please submit a ticket in both accounts. Please submit a support ticket for more information on how to do this. If you would like to completely close your Newfound-Hosting account submit a support ticket including the following: "Full Name, Address, Reason you would like your account closed".

(2) Transfers / Cancellations

(2.1) Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

(2.2) Service Cancellations

Full payment is required before any hosting service commences, which includes renewals. Payment due dates will be available via Invoice. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended. We do not offer refunds for cancellations for monthly contracts. Refunds for cancellations on yearly contracts may not exceed 50% of the total sum paid from the commencement of the contract. Furthermore, refunds requested on yearly contracts are provided at the sole discretion of NewFound Hosting. This paragraph only applies to cancellations by the client.

To cancel a Newfound-Hosting service, login to your account go to the appropriate product / service then hit cancel. Please allow up to 48 hours for confirmation.

(2.3) NewFound Hosting Cancellations

Cancellation by NewFound Hosting is due to a violation of this agreement, there will be no refund. NewFound Hosting will only allow for the refund if cancellation is not the fault of the client, as determined by NewFound Hosting.

NewFound Hosting reserves the right to suspend an overdue account without notice. Furthermore, NewFound Hosting reserves the right to completely remove a web site from its servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency.

(3) Payment / Refunds

(3.1) Invoices

All monetary transactions are in United States Dollars (USD) unless specified otherwise. Full payment is required before any hosting service commences, which includes renewals. Payment due dates will be available via Invoice.

(3.2) Payment Terms

You can change your payment term at anytime by sending a support ticket to our billing department. Changes to the payment term will not take effect until the end of the current term. Where you will then be billed a new amount based on your new payment term. Changing your payment term can affect your "free domain" eligibility.

(3.3) Upgrade / Downgrade

You can upgrade your account at any time for additional options or a new package. To buy additional options go to "My Services" and order the desired option. To upgrade your package submit a support ticket to our billing department and your account will be upgraded on payment of the invoice. When upgrading to a new package your account will be credited for the time that is unused.

If you would like to downgrade your account to a lower package or remove an addon you must send in a support ticket to the billing department requesting the change you would like. The billing department will notify you of downgrade acceptance and your new invoice will be generated at the end of your monthly payment cycle.

On a downgrade, your account will be credited for the difference in the service prices. If your received a "free domain" with your purchase and you wish to downgrade, your account will be charged for the price of the domain name.

(3.4) Credit

You may add up to $300 (USD) worth of credit to your account to allow for easy payments. Your credit will automatically deduct on the invoice date, granted you have enough credits. If you have some credits, but not enough to cover the invoice you will be billed the remaining balance.

At this time any credit put into your account cannot be withdrawn.

(3.5) 60-Day Money Back Guarantee

Our 60-Day money back guarantee is a no questions asked money back guarantee, although we greatly appretiate feedback. To be eligible for the 60-Day money back guarantee you must send us a support ticket within 60 days of the order date. If you opt for the money back guarantee you will receive a refund for the remainder of the contract less a $1.00 (USD) processing fee.

If you received a "free domain" with your package the cost of the domain will also be subtracted from the refund, and domain ownership will remain yours.

(3.6) Uptime Guarantee

NewFound Hosting guarantees that you're site will be up at least 99.9% of the time during a 1 (one) month period, however we are not responsible for downtime due to the following: abuse of server by another client, backbone/dns outages, cgi script overloads, and posted server maintenance. If you would like to request credit for downtime, you must submit a support ticket to our billing department and include the date and time of the incident.

If your request is accepted your account will be credited for the downtime. We determine the amount you are credited by dividing the downtime (rounded up to the nearest day) by your monthly cost. Minimum credit issued for downtime is $1 (USD).

* All values will be rounded to the nearest $0.50 (USD)

(4) Services

(4.1) Indemnification Policy

You agree to use all NewFound Hosting services and facilities at your own risk. NewFound Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall NewFound Hosting be liable for any loss, 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 NewFound Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NewFound Hosting, 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 Newfound Hosting against liabilities arising out of:

• - Any injury to person or property cuased by any products sold or otherwise distributed in connection with Newfound Hosting's server
• - Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
• - Copyright infringment
• - Any defective products sold to customer from Newfound Hosting's server

* Newfound Hosting shall be the sold judge of what violates this policy

(4.2) Content

All services provided by NewFound Hosting 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 NewFound Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

(4.2.a) Prohibited Data

Pornography is prohibited on all of NewFound Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. NewFound Hosting will be the sole arbiter in determining violations of this provision.

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

Examples of unacceptable content or links:

• - Copywrited material:
  Any material such as music, movies, or software that you are not the rightful owner of.
• - Pornography / Child Pornography:
  Is not allowed on Newfound-Hosting's servers.
• - Harmful Material:
  The following itemes are not allowed, nor will ever be allowed on Newfound-Hosting servers: hosting viruses, sending viruses via e-mail, allowing users to download files with Trojans, viruses, or any harmful file included.
• - Warez Sites:
  We do not allow hosting of or linking to any illegal material or activities.
• - Online gambling:
  We do not allow online gambling websites, but we do allow information about gambling, casinos, etc, as long as it is all about legal activities.
• - Media Communities:
  We do not allow hosting of media communities which allow users to upload or stream mass media.
• - Spam:
  See section (4.2.c) below

Resellers: If one of your customers is involved in any one of these instances, then Newfound-Hosting will suspend their site and not your main WHM account.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down and is subject to a fine. NewFound Hosting will be the sole arbiter as to what constitutes a violation of this provision. If you have any complaints or comments regarding prohibited data on our network, please direct them via email to support@newfound-hosting.com

(4.2.b) Abuse

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.

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

(4.2.c) Spam

NewFound Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the NewFound Hosting network, by customers or any other users of the NewFound Hosting network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the NewFound Hosting 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 a NewFound Hosting email address or web site URL is prohibited. The use of NewFound Hosting servers as a mail drop for responses to activities described above is also prohibited.

If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.

(4.3) Shell Access

NewFound Hosting enforces a strict "SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services will be instantly suspended/terminated. Only packages with "SSH Privileges" enabled will recieve timed keys for SSH access after opening a support ticket.

(4.4) CGI/PHP Scripts

Each account comes with its own cgi-bin. You are free to use any CGI/PHP scripts you wish, (as long as they do not interfere with the server or our policies) however we reserve the right to disable any CGI script that affects normal server operation or service to other NewFound Hosting customers. You will be notified about an offending cgi script.

NewFound Hosting is not responsible for the scripts you install on your account. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

NewFound Hosting provides technical support for the Server & Server related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by NewFound Hosting, however you may ask for assistance from our members.

NewFound Hosting may automatically upgrade a script that has known vulnerabilities to ensure a stable environment on our shared platform. In addition, NewFound Hosting may remove scripts that have no data that may pose a security risk to the server. It is your responsibility to ensure an upgrade is applied promptly if a newer version is available.

(4.5) Traffic / Data Transfer

NewFound Hosting allows for very generous traffic, and most sites never exceed 300 MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. NewFound Hosting' customers are discouraged from storing any files that cause excessive traffic on NewFound Hosting servers (such as illegal software/music). Please contact NewFound Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

(4.6) Backups

Full backups are made weekly. 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 NewFound Hosting, we will attempt to recover the date at 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, NewFound Hosting will attempt to recover the data from the most recent archive for a nominal fee.

(5) Resellers

(5.1) Reseller Terms

As a reseller of Newfound-Hosting you must hold your customers liable for all aspects of these terms of service. Failure to do so will result in account suspension. If we find that one of your customers is breaking your terms we will notify you, giving you 5 days to fix or suspend the violating account before we suspend your WHM account.

(5.3) Cancellations

Cancellation must be made 30 days prior to the next invoice date. Should you decide to cancel the service, send us a support ticket with the following: reason for cancelling, domain, login, password, and number of currently active clients. We would be more than willing to transfer any active clients if you are not continuing your hosting with alternative means.

(5.2) Overselling Policy

NewFound Hosting allows our clients to oversell their WHM resources. If we feel that a client's WHM account is too oversold, then we have the right to upgrade that account, through consultation with the client. This policy is to prevent the abuse of resources through NewFound Hosting clients overselling their resources and causing harm to others on the same server.

* No Unlimited disk space or Unlimited data transfer packages allowed.

NewFound Hosting has the right to refuse service, or discontinue services to those clients who use their NewFound Hosting WHM account and promote "Unlimited disk space and Unlimited data transfer" hosting accounts. We take this rule extremely seriously and have no hesitation to refuse or discontinue services to any clients who is in breach of this policy with no refund.

(6) Domain Names

Newfound-Hosting, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Newfound-Hosting in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Newfound-Hosting in their sole discretion determine that the Domain Order ownership should belong to another entity, or if the Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Newfound-Hosting, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Newfound-Hosting, are not liable for loss or damages that may result from any of the above.

(6.1) Privacy Protection

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

(6.1.a) Terms:

Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by Newfound-Hosting, and:

1. Any mail received via post at this Address would be rejected.
2. Any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name.
3. The sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the Newfound-Hosting Database.
4. Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
5. Customer understands that the Privacy Protection Service is only available for certain TLDs
6. Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement
7. Customer understands and acknowledges that Newfound-Hosting in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
   1. If Parent receives any abuse complaint for the privacy protected domain name, or
   2. Pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
   3. For the resolution of disputes concerning the domain name, or
   4. Any other reason that Newfound-Hosting in its sole discretion deems appropriate to switch off the Privacy Protection Services

Newfound Hosting reserves the right to change this policy at any time. By using Newfound Hosting's services, facilities, and website, you are held responsible to abiding by these terms. Failure to do so may result in a legal dispute.

*Any questions about these terms send an email to Sales@Newfound-Hosting.com