These Terms of Service (the “Agreement”) are an agreement between Newsys Hosting (“Newsys” or “us” or “our”) and You (“Customer” or “User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by us and on our website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement.
Additional Policies and Agreements
The following policies also apply to all Our services. By using the Services, you also agree to the terms of the following policies.
1. Changes to the Agreement or the Services
We reserve the right to update or modify this Agreement at any time. In such cases, we will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted. Your continued use of the Site after any such changes constitutes your acceptance of the Agreement as modified.
2. Eligibility & Authority:
By registering/using this site and/or the Services,
- IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR SERVICES.
3. Accounts Information:
You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. In connection with Your registration, You agree to keep Your Account information and password confidential. You agree to notify Newsys immediately of any actual or suspected unauthorized use of your account. We will not be liable for any loss you incur due to any unauthorized use of your Account.
If We have reason to believe that you opened your account by providing false information, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.
4. Newsys Content:
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Newsys Content”), are the proprietary property of Newsys, its licensors, and/or where applicable its partners and affiliates.
Newsys Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes, in any form or by any means, in whole or in part without Our express prior written consent.
5. User Content:
- You may upload, store, publish, display, and distribute information, data, text, software, music, sound, photographs, graphics, video, messages on your website on or through the Services (collectively, “User Content”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or backup copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- We exercise no control over and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Web sites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action that we may take.
6. Description of Services:
7. Billing & Payment Information:
It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
You are responsible for paying all fees associated with the use of the Services and you agree to bear any and all applicable taxes, charges, cesses, etc. levied thereon against the Services or any other services provided under this Agreement. If it is necessary for us to make adjustments in the Fees and surcharges charged for the Services in order to cover certain increasing costs incurred by Newsys in providing the Services, such adjustments will be notified to you by way of adjustment in your invoice provided to you for the Services, and you agree to pay for any of such adjustments. All fees are non-refundable when paid unless otherwise stated.
invoices will be generated for each billing cycle and are sent by email specified in the file. All invoices must be paid by the Client on or before the due date.
Note: Invoices are due after 1 day.
- Late Payments
All invoices must be paid within three (3) days of the invoice due date. Invoices outstanding more than 3 days may result in the suspension and termination of services.
Note: Invoices are due after 1 day. In case of late payment of the due invoice, we reserve the right to charge a late fee of 10% per invoice per month. Invoices will be automatically considered late after 3 days of Due Date.
- Non-payment Termination
In the event of non-payment within three (3) days of the Invoice Due Date, we reserve the right to temporarily suspend your Services. In the event non-payment of due invoices continues till the past five (5) days from the Invoice Due Date, we further reserve the right to terminate your Services entirely.
8. Payment Methods:
Visit Payment Methods to know more about our payment methods.
9. Chargebacks and Payment Disputes:
Under this Agreement, you must first contact Newsys to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question. Otherwise, your service will be immediately suspended or terminated without notice and your refund will be void. If you have any problems regarding payments, please contact us and we’ll be glad to help you.
10. Promotional or Special Offers:
We may also from time to time, offer discounted pricing for initial introductory periods (eg. 30% discount on the first month of reseller hosting) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered at a discount, with the standard pricing going into effect during the second month, with a monthly prepayment being required. Promotional offers are non-refundable.
11. Acceptable Use Policy (AUP):
All use of hosting space provided by Newsys Hosting is subject to the terms of this Agreement and the Acceptable Use Policy.
- Shared hosting space is intended for normal use only, and is limited to Web files, active e-mail, and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Shared hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in the removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
- The user may not: Use 10% or more of system resources for longer than 90 seconds. Numerous activities could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Stream/share Audio or Video files.
- Run cron entries with intervals of less than 60 minutes.
- No more than 10,000 CPU Seconds a day per account.
- No more than 15,000 Script Executions a day per account.
- No account should execute scripts slower than 2 seconds.
12. Zero Tolerance Spam Policy:
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Newsys reserves the right to charge the holder of the account used to send any unsolicited e-mail, a cleanup fee. This cost of the cleanup fee is entirely at the discretion of Newsys. The cleanup fee will contain fees from damages to the servers, the process of cleaning the Spam up, and then a fee for all other costs associated at our discretion.
13. Limitation of Liability:
Newsys makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Newsys be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.
You shall agree to indemnify and hold harmless Newsys and its parent, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by Newsys, made by any third party or penalty imposed due to or arising out of your breach or non-performance of terms of the Accepted Use Policy, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
15. Force Majeure:
Newsys shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
16. Intellectual Property:
You represent and warrant that your use of the Services shall not infringe the intellectual property or other proprietary rights of Newsys Hosting or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Newsys is owned by Newsys Hosting. and/or its licensors. Unless otherwise specifically provided in this Agreement, you shall have no right, title, claims or interest in or to Newsys Hosting’s Intellectual Property.
You shall not copy, modify or translate any Newsys intellectual property or related documentation, or decompile, disassemble or reverse engineer the same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Newsys intellectual property in any manner without the prior written consent of Newsys.
Newsys respects the intellectual property of others, and we ask you to do the same. Newsys may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
In cases of any infringement of any intellectual property of third parties by you or any non compliance of any applicable laws of the jurisdiction of your operations, we will not be liable for any damages or compensation (if any) to be paid to the third party and/or government authorities and you shall keep the Company indemnified in this regard.
17. Governing Law and Jurisdiction:
This Agreement shall be interpreted and construed according to, and governed by, the laws of India. All disputes are subjected to Bhubaneswar Jurisdiction only.
This document was last updated on 14/09/2019