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Terms and Conditions

 


NEW Enterprises Hosting Agreement

This Agreement is entered into by and between you (hereinafter "Client") and NEW Enterprises (hereinafter "NEW Enterprise") as of today which is the date of acceptance by Client which acceptance is being done electronically

Recitals
A. Whereas NEW Enterprises (NEW Enterprises) maintains or has access to equipment, computer hardware, computer software, and further has a connection to the Internet, and is in the business of creating and maintaining for its clients a presence on the internet and to hosting for said clients, computer data and/or software, to be made available on the World Wide Web service of the Internet; and

B. Whereas, Client wishes to obtain the services of NEW Enterprises as herein provided on the conditions and based on the limitations herein stated;

Now, Therefor, in consideration of the covenants and conditions provided in this Agreement, NEW Enterprises and Client hereby agree as follows:

Agreement

I. SERVICE PROVIDED BY NEW Enterprises

1.01 NEW Enterprises shall enable Client to create, maintain, and upgrade a Web Site or Domain on NEW Enterprises's Host Computer(s) (hereinafter referred to as "the Service"), which can be accessed through the World Wide Web services of the Internet.

1.02 NEW Enterprises will provide Client with a Login ID code, unique password, and other log-in information that is required to enable connection to the Service. NEW Enterprises does not provide any modem, computer, or any other equipment or system for Client to connect to the Internet. Client is responsible for its modems, computers, operating systems and connection devices necessary for connecting to the Internet through which Client can access the Service provided by NEW Enterprises. NEW Enterprises reserves the right to adopt reasonable limitations including time limitations for the use of the services provided by NEW Enterprises. The Service shall be generally available 24 Hours a day, seven days a week except for service maintenance times which NEW Enterprises shall advise to Client from time to time.

1.03 NEW Enterprises shall have the right but not the obligation to upgrade its software and services provided to Client, and further shall have the right without any limitation, but no obligation, to transmit any information, letter, memorandum, newsletter, documentation, advertisement, or any data to Client.

II. RULES OF CONDUCT

2.01 From time to time NEW Enterprises may adopt its own rules of conduct (hereinafter referred to as "NEW Enterprises's Rules of Conduct"), which may be amended from time to time by NEW Enterprises. Amended NEW Enterprises's Rules of Conduct shall be provided to Client by E-Mail at least thirty (30) days prior to its effective date. Client hereby agrees and promises to observe and comply with NEW Enterprises's Rules of Conduct for so long as this Agreement is in effect.

2.03 Client has the ability, through the use of NEW Enterprises services, to host content on the Internet which as a free flowing information highway, may provide access to Internet users to said contents which may be considered improper, offensive, or obscene by some groups or individuals. Said contents may be in the form of discussions, files, photographs and graphics relating to pornography, religion, politics, racism, crime, violence and the like. NEW Enterprises respects the freedom of speech and equally respects the right of Internet users to be free from offensive material. NEW Enterprises reserves the right, but not the obligation, without any limitation whatsoever to set NEW Enterprises's Rules of Conduct in any manner NEW Enterprises in its own discretion may deem appropriate.

2.04 NEW Enterprises reserves the right without any limitation to limit the placement of any material it deems inappropriate on the index of the Service or other promotional material generated or used by NEW Enterprises, or may refuse to assist in promotion or publicizing of such sites.

2.05 Client may not post any material (pictures, text, etc.) whose posting would be considered unlawful by any local, State, Federal, or International rules, regulations, or laws in existence. Already posted material made unlawful by any newly adopted rules, regulations, or laws must be promptly removed.

2.06 NEW Enterprises reserves the right to refuse to provide the Service to any person, individual or entity for any reason or for no reason at all. NEW Enterprises further reserves the right to cancel this contract with a 30 day notice with or without reason or good cause.

2.07 Client understands that certain information that may be accessible through NEW Enterprises may be considered inappropriate for minors. Client acknowledges that NEW Enterprises exercises no control whatsoever over the content of the information passing through or stored on its systems. NEW Enterprises is not responsible for any posting made to USENET and does not monitor access to USENET newsgroups or the content of posts by NEW Enterprises Clients or others.

2.08 Client agrees to defend, indemnify and hold NEW Enterprises harmless with respect to any claim or lawsuit from any source which may arise at any time relating to the Client's posing of any content including, files, text, photographs, graphics, sounds or any other material.

III. CLIENT RESPONSIBILITIES

3.01 The Client agrees to provide telephone line, modem, computer and software as is necessary to access the service.

3.02 The Client agrees not to assign or otherwise transfer this agreement or Client's rights under it, delegate Client's obligations or resell the Service.

3.03 The Client is responsible for the selection and use of security features, non disclosure of personal log-in information and back-up of any information. Client is responsible for all use of the Service accessed through Client's password. Disclosure or loss of log-in information that incur charges or Service misuse is Client's responsibility and should be reported to NEW Enterprises as soon as possible.

3.04 The use of the Service is at Client's sole risk and is entirely Client's responsibility. NEW Enterprises does not and cannot monitor or control the content and information accessed via the Service and NEW Enterprises shall not be held responsible in any way for any content or information accessed via the Service.

3.05 Certain Internet content may contain material which the Client may find inappropriate, offensive, inflammatory, or adult in nature. NEW Enterprises does not endorse such materials and disclaims any and all liability for their contents.

3.06 The Client hereby indemnifies NEW Enterprises in respect to any loss or damage action claim suit or proceeding against NEW Enterprises by any person arising out of the use of the Service by the Client including but not limited to the transmission of any illegal and/or fraudulent material.

IV. SOFTWARE OWNERSHIP

4.01 Upon subscribing to the Service, a series of files and software are automatically put in place to operate the Client's Web Site (hereinafter "Web Site Infrastructure"). In addition, Client may add additional content to the Client's Web Site (hereinafter "Client's Content"). Client acknowledges that the Web Site Infrastructure may be comprised of contents which are (a) copy righted by NEW Enterprises, (b) copy righted by third parties, (c) freeware, or a combination thereof. Client hereby acknowledges to have ownership of only what Client has created. Client agrees not to use any part of Web Site Infrastructure unless to the extent of using said content in relation to the use of the Service. Client further agrees not to sell any part of Web Site Infrastructure without written consent of NEW Enterprises.

V. PRODUCTS AND SERVICES FOR SALE

5.01 Client shall have the right to create and maintain a Web Site or Web Page for the purpose of offering to sell products and or services. For security purposes NEW Enterprises may offer a Secured Transaction Hosting Service which receives and transmits information in a more secure and confidential environment. It is hereby acknowledged that the Secured Transaction Hosting Service shall be provided only if Client has entered into the "Secure Transaction Hosting Agreement" with NEW Enterprises, which is a separate agreement. Otherwise, the transmissions shall be done by way of regular E-Mail without any additional security.

5.02 It is expressly agreed that regardless of the type of service subscribed to by Client, NEW Enterprises shall have no liability and hereby assumes no liability whatsoever for any damages suffered by Client for any reason including, but not limited to, credit card fraud, complaints or claims of any nature by purchasers of the goods or services, and any lost transmissions for any reasons including but not limited to negligence of NEW Enterprises or any defect in any products or equipment or software used by NEW Enterprises or any other person. NEW Enterprises is not making and has not made any warranty in whatever nature concerning any goods and services sold by or to Client through the use of NEW Enterprises services, or concerning any orders transmitted by or to Client for the sale or purchase of any goods or service.

5.03 Client agrees to defend, indemnify, and hold NEW Enterprises harmless with respect to any claim, demand, lawsuit or liability from any source which in any manner arises out of the use of NEW Enterprises's services by Client or the sales or purchase of any goods or service by Client.

5.04 Client's right to use NEW Enterprises services is personal to Client and as such is nonexclusive and nontransferable. Client may not resell or redistribute any services from NEW Enterprises or its Network Services Suppliers. NEW Enterprises may allocate system resources to provide all Clients with the best service possible, and may limit or restrict access to system resources to some users in order to maintain the best service possible for all Clients.

VI. FEES AND CHARGES

6.01 Client agrees to pay all fees and charges in conjunction with the establishment, use and maintenance of the Service pursuant to the Schedule of Fees and Charges to be found on Web Fees and Features Page. NEW Enterprises reserves the right to amend or change the Schedule of Fees and Charges with notice to Client of no less than thirty (30) days before its effective date, by letter, facsimile or electronic mail, of any such amendments or changes.

6.02 Payment is due upon receipt of invoice. Payments not made within 30 days are considered delinquent and are be subject to reasonable collection and legal fees as well as interest accrued at 1.5% per month or state legal limit, whichever is lower. Returned checks are subject to a $15 charge. Basic account charges are invoiced monthly IN ADVANCE and additional charges are invoiced at the end of the month they are incurred.

6.03 Client may cancel this agreement in writing by letter, facsimile or electronic mail, of any such cancelation, at any time with no penalties.

VII. REPRESENTATIONS AND WARRANTIES

7.01 Client hereby acknowledges and agrees that the use of the Service is at Client's own risk. NEW Enterprises has not guaranteed any result or outcome to be obtained from the use of the Service. The Service is made available on an "as is", "where is", and "with all faults" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, timeliness, merchantability or fitness for a particular purpose. Neither NEW Enterprises, nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, general, special, incidental, or consequential damages arising out of the use of the Service, or inability to use The Service. Client also expressly agrees that NEW Enterprises does not warrant that the Service will be uninterrupted or error free. Downtime and lost transmissions may occur on the Service. In providing computer and internet connection Services, NEW Enterprises, its employees and agents, do not warrant that the Services will be available on a specified date or time or that the Service will have the capacity to meet the demand of Client during specific hours. Neither NEW Enterprises nor its Network Services Suppliers will be liable for any damage that Client may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither NEW Enterprises nor its Network Services Suppliers will be liable for unauthorized access to Client's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of Client's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of NEW Enterprises or its Network Service Suppliers' negligence.

7.02 IN NO EVENT WILL NEW ENTERPRISES OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF NEW ENTERPRISES OR ITS OTHER SUPPLIERS SERVICES TO ACCESS THE NETWORK.

7.03 Client further agrees that NEW Enterprises, its employees and agents (hereinafter referred to as "Indemnified Party") will not be liable for any lost property or data of Client, any claim or demand against the Client by any other party, or any claim or demand against any of the parties listed above, due to or arising out of the use by Client of NEW Enterprises services. Client shall indemnify and hold Indemnified Party harmless from and against any such loss, claim or demand.

VIII. RIGHT TO MODIFY AGREEMENT

8.01 This agreement may be modified at any time by NEW Enterprises for any reason or in order to comply with any local, national or international laws, rules or regulations, with notice of such modification to Client, which notice may be sent to Client by E-Mail, fax, or regular mail.

IX. TERM AND TERMINATION

9.01 This agreement shall be valid from the date Client agrees with its terms by expressing Client's acceptance which may be done electronically via computer and shall continue until such time as either NEW Enterprises or Client give notice of termination of this Agreement which notice may be given via E-Mail.

9.02 NEW Enterprises reserves the right to terminate the Service(s) without notice if Client misuses or abuses the Service. What constitutes misuse or abuse of the Service is solely determined by NEW Enterprises.

X. GENERAL PROVISIONS

10.01 ARBITRATION: Any dispute arising under, or in connection with, this Agreement, or any other aspect of the relationship between the parties herein shall be submitted to and settled by arbitration in accordance with the rules of the American Arbitration Association then in effect, and the forum for such arbitration shall be Lake Havasu City, Arizona.

10.02 ATTORNEYS FEES: In any such proceedings, or any other or further proceedings instituted by one party hereto against the other with respect to any controversy or matter arising out of this Agreement, or in connection with the relationship of the Parties herein, the prevailing party shall be entitled to recover from the non-prevailing party such prevailing party's reasonable attorneys' fees and costs of suit incurred in connection with such proceedings, and the non-prevailing party shall be solely liable to pay any arbitrators' fees.

10.03 NOTICES: Any notice required or permitted to be given hereunder shall be deemed duly given if said notice is transmitted by either U.S. mail, fax or E-Mail to the parties hereto at their respective addresses as specified on the Agreement form.

10.04 INTEGRATION: This Agreement is the entire agreement between the Parties herein with respect of the subject matter hereof and supersedes all prior agreements between them with respect thereto.

10.05 BINDING EFFECT: The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns.

10.06 HEADINGS: The headings of the paragraphs of this Agreement are inserted solely for convenience of reference, and in no way define, describe, limit, extend or aid in the construction of the scope, extent or intent of this Agreement or of any term or provision hereof.

10.07 GENDER: Where the context so requires, the use of the masculine gender shall include the feminine and/or neuter genders and the singular shall include the plural, and vice versa, and the word "person" or "party" shall include a corporation, firm, partnership or other form of association.

10.08. SEVERABILITY: In the event that any provision or any portion of any provision contained in this Agreement is unenforceable, the remaining provisions and, in the event that a portion of any provision is unenforceable, the remaining portions of such provision, shall nevertheless be carried into effect.

10.09 APPLICABLE LAW: The Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and each party hereto submits to the exclusive jurisdiction of the Courts of that State.

IN WITNESS WHEREOF, the parties hereto have agreed to this Agreement which agreement is expressed electronically as of the date such expression of agreement is communicated by Client to NEW Enterprises electronically.

Copyright © 2010 NEW Enterprises. All Rights Reserved.