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TERMS & CONDITIONSThis New Vision Development Corp. Acceptable Use Policy ("AUP") describe the proper kinds of conduct and prohibited uses of New Vision Development Corp.'s hosting services (the "Services"). This AUP is not exhaustive and New Vision Development Corp. reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.New Vision Development Corp..com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as New Vision Development Corp. deems appropriate. Server Abuse Any attempt to undermine or cause harm to a server, or customer, of New Vision Development Corp. is strictly prohibited. Unauthorized use of other people's accounts or computers New Vision Development Corp. will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a New Vision Development Corp. customer, whether or not the attacked account or computer belongs to New Vision Development Corp., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE: New Vision Development Corp. has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by New Vision Development Corp. to be unacceptable use of New Vision Development Corp.'s services including abuse of server resources. All hosting accounts may be terminated that include the following
content or which have links to the following content: Bandwidth Traffic Each plan with New Vision Development Corp. comes with a pre determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account you will be billed at $3.00 per 1GB/month If you want to pre-pay for bandwidth overages, you will need to pay $2.00 per 1GB/month. You will receive a notice on Tuesday morning detailing your bandwidth usage. You will have 7 days to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. New Vision Development Corp. takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed: Penalty: Depending on the severity of your SPAMMING, New Vision Development Corp. reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you. CGI Scripts (This section does not apply to managed dedicated or colocation servers.) Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators. *See the Server Resource Abuse section. Server Resource Abuse (This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Chat Rooms We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the New Vision Development Corp. Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Abuse of SMTP Mail Server We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@New Vision Development Corp..com to have your domain moved. Background Running Programs We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers) IRC We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination. Excessive Use/Overages You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, New Vision Development Corp. may, in its sole discretion, assess you with additional charges. If New Vision Development Corp. elects to take any corrective action, New Vision Development Corp. will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $3/GB/month. Disk space overages are currently billed at $.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB. Payment Policies All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. New Vision Development Corp. reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies New Vision Development Corp. at http://New Vision Development Corp..com/Order/cancel.htm to request for termination of services. All payment is in U.S. currency. New Vision Development Corp. will bill each client $20.00 per returned check, per wire transfer received and per credit card chargeback received. All New Vision Development Corp. accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $20.00 fee. Please contact the billing department at billing@New Vision Development Corp..com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason New Vision Development Corp. will charge your account an additional $1.00 service charge every time your card is declined. New Vision Development Corp. may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of New Vision Development Corp.) shall be paid by Customer. Cancellation New Vision Development Corp. reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by New Vision Development Corp. if New Vision Development Corp. institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of New Vision Development Corp.'s web hosting plans are backed by a 30 day money
back guarantee. If you are not completely satisfied with our services
or support within the first 30 days of your contract, you will be
given a full refund of the contract amount excluding setup fees,
domain registration fees, add-on/upgrade fees and overages. Setup
fees are refundable only if the account order is canceled prior
to account activation. For web hosting contracts of 3 months or
less, the full contract amount less any setup fees and overages
will be refunded if New Vision Development Corp. is notified within the first 30
days following activation. No refund is available after the 30th
day. For web hosting contracts longer than 3 months, a refund equal
to one half of the contract amount less any setup fees and overages
will be given if New Vision Development Corp. is notified prior to the first day
of the third month of the contract term. If you cancel prior to
the end of your contract term and you received special pre-pay rates,
your hosting fees will be adjusted so that you pay the regular,
non-discounted monthly fees. No refunds for any reason will be given
once the third month of the contract term has begun. This policy
does not apply to any additional services such as overages, referrer
logs, real audio/video, additional disk space, additional pop accounts,
etc. Due to security concerns, all account cancellations must be
done via our cancellation forms at Liability and Obligations on Cancellation If the Agreement expires or is cancelled for any reason, New Vision Development Corp. is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, New Vision Development Corp. will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to New Vision Development Corp. under this Agreement. Material and Product Requirements You must ensure that all material and data placed on New Vision Development Corp.'s equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by New Vision Development Corp.. New Vision Development Corp. will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", New Vision Development Corp. may reject this material. New Vision Development Corp. will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy New Vision Development Corp.'s requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. New Vision Development Corp. does not provide this knowledge or customer support outside of the Services. Intellectual Property Rights Material accessible to you through New Vision Development Corp.'s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use New Vision Development Corp. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the New Vision Development Corp. network. If you use a domain name in connection with New Vision Development Corp. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the New Vision Development Corp. network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. New Vision Development Corp. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, New Vision Development Corp. will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting New Vision Development Corp. or any of its other customers. Electronic Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static / Dynamic Content Caching You expressly (i) grant to New Vision Development Corp. a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by New Vision Development Corp. under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address Ownership New Vision Development Corp. shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by New Vision Development Corp. and New Vision Development Corp. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name Registration Customer agrees to pay New Vision Development Corp. prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the New Vision Development Corp. price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. New Vision Development Corp. reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from New Vision Development Corp. to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by New Vision Development Corp.) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to New Vision Development Corp. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. New Vision Development Corp. will reinstate Customer's domain name registration solely at New Vision Development Corp.'s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Copyright Infringement DIGITAL MILLENNIUM COPYRIGHT ACT Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the New Vision Development Corp. system or Web site should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING New Vision Development Corp. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Written notification must be submitted to the following Designated Agent: New Vision Development Corp., Inc. Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: 1. Physical or electronic signature of a person authorized to act
on behalf of the copyright owner. Lawful Purpose New Vision Development Corp. reserves the right to refuse service to anyone. Customers may only use New Vision Development Corp. server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of New Vision Development Corp. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Harris County, Texas, and any dispute will be litigated or arbitrated in Harris County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Harris County Courts. IN NO EVENT SHALL New Vision Development Corp.'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD New Vision Development Corp. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST New Vision Development Corp., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, 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 New Vision Development Corp. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH New Vision Development Corp.'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM New Vision Development Corp.'S SERVER. Disclaimer New Vision Development Corp. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. New Vision Development Corp. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. New Vision Development Corp. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY New Vision Development Corp. AND ITS EMPLOYEES. New Vision Development Corp. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF New Vision Development Corp. MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. |
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