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Terms of Service


1.) Account Setup

We will setup your account free of charge after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content

Services provided by us may only be used for lawful purposes. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, and pornography. Examples of unacceptable material:
  • IRC Bots
  • Warez Sites
  • Pirated Software
  • Hate sites
  • Hack programs and archives
3.) 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 without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of the clean up fee is left entirely to the discretion of www.newash.com.  In the event this occurs, you have the right to receive an itemized invoice outlining all charges.  You can avoid this by not using our service for spamming.

If your website has a subscription service or "E-Zine" service for your visitors, please contact us with an approximate number of subscribers and in most cases, we will make an exception for these.

Content:

We are not responsible for anything on other sites, that we link to, or are linked from, etc.. By clicking on links on our pages, you acknowledge you agree to our TOS/Terms And Conditions.


4.) Payment Information

You agree to provide appropriate payment for the services received from us, in advance of the time period during which such services are provided. 30 days before your domain expires, you will receive an email for the account provided at sign up with a link to renew/purchase your domain again.  If you enter your domain expiration at the time you sign up for our service, our server will keep you informed of your expiration date(s).

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are not responsible for any data loss.


6.) Cancellation

We reserve the right to cancel the account/service at any time.

Customers may also cancel at any time.


7.) Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.  (If you would like to install an interactive chat program, contact us as we have a free chat script that uses very little resources.)

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

h) Run cron entries with intervals of less than 15 minutes

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated amount, in many cases, we will simply allocate more bandwidth to complete your month.  If your site continues to exceed your monthly bandwidth allocation, we reserve the right to temporarily suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher package level, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Price Change

The amount you pay for hosting will not increase without a minimum of 60 days notification by us to you. We reserve the right to change prices listed on our site, and the right to increase/decrease the amount of resources given to plans at any time for new clients. Newash Web Hosting would only increase fees for existing clients in the event our costs increase.

10.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of;
  • (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us;
  • (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 customers from www.newash.com's server.
11.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

12.) Other Terms

We use either GoDaddy or Enom for domain registration.  By using our service you acknowledge that you agree to http://www.godaddy.com or http://www.enom.com 's terms. You take full responsibility for content on your domain's site, as the domain is owned by you or your agents and we are only hosting the domain for you..

By using our service you acknowledge that you also agree to http://www.paypal.com's terms should you use this service for payment of your web hosting.


13.) Other

www.newash.com may login and edit your account without you knowing if violations or illegal activity is suspected or reported.

You agree, by visiting, using our, ordering from, buying from, storing content on our servers, etc., that you will never file a lawsuit against,  www.newash.com,  the owner,  or anyone in relation to newash.com.

We are not responsible for any content on sites that we link to or are linked from.

No refunds.

(In many cases, you may receive store credit.)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting,  you must purchase a reseller account a lease a dedicated server.


14.) Changes to the TOS

We reserve the right to revise its/our policies at any time without notice.



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NEWASH Web Hosting
& Design

P.O. Box 1282
Chewelah, WA   99109
Phone - (509) 936-2401