new element designs Terms and Conditions.

new element designs reserves the right to change this Policy any time, so please, check this page from time to time. new element designs strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse of our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other new element designs customers, and us against such harm.

Definitions
newelementdesigns.com is registered as a Business in Forsyth County, NC.

If you purchase Web Hosting services from us, you are our Client, hereinafter referred to in generic terms as "Client," "he," "him," and "his." This in no way implies discrimination as to age or gender or to any other protected status.

Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered. Prepayment is due each 30 days following the date the account was established. Billing will continue until Client cancels his hosting account. Client may cancel at any time. We do not offer credits or refunds for hosting service already extended.

If new element designs cancels a Client's account due to a violation of these terms, there will be no refund. We will issue a refund if cancellation is not the fault of the Client, as solely determined by new element designs. Additional features can be added at any time. Monthly feature prices are not prorated. new element designs reserves the right to change prices at any time.

Indemnification
Client agrees to use all new element designs services and facilities at Client's own risk. new element designs specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall new element designs be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that he shall defend, indemnify, save and hold new element designs harmless from any and all demands, liabilities, losses, costs and claims, including our reasonable attorney’s fees or other claims asserted against new element designs, 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 the Client, his agents, employees or assigns.

Client agrees to defend, indemnify and hold harmless new element designs against liabilities arising out of:
  • Any injury to person or property caused by any products sold or otherwise distributed in connection with new element designs’s servers;
  • Any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement;
  • Any defective products sold to Client from new element designs's servers.
new element designs shall be the sole arbiter of what violates this Policy.

Server 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 the Client 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.

No mass email marketing or free email businesses allowed!
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 in this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shut down such sites because we consider them harmful to the server's performance.

SPAM Policy
new element designs 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 new element designs network, by customers or any other users of the new element designs network (including Client's customers); and/or over any network if the message sent advertises or mentions a site hosted on a new element designs server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any Client 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 new element designs email address or web site URL are prohibited. The use of new element designs servers as a mail drop for responses to activities described above is also prohibited.

If your domain is involved in spamming activities, and Client's account is subsequently terminated, Client will not have the right to any refund, including funds that Client might have paid for additional services, such as installations of software or IP addresses.

Content Policy
Services provided by new element designs 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, County, 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 new element designs from any claims resulting from the use of the service which damages the Client or any other party.

Pornography is prohibited on all new element designs servers. This includes sites that may infer sexual content, or links to adult content elsewhere. new element designs 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 new element designs servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links include:
  • Pirated software.
  • Hacker programs or archives.
  • Warez sites.
  • Online gambling.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in Client's site being shut down.

new element designs will be the sole arbiter as to what constitutes a violation of this provision.

Telnet / SSH
new element designs enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

CGI Scripts Policy
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish (as long as they are not on our banned scripts list), but we reserve the right to disable any CGI script that affects normal server operation or service to other new element designs customers. You will be notified by email if we disable an offending script or site.

new element designs is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure the functionality of your scripts. 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.

new element designs provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by new element designs.

Traffic Policy
The limitations on your bandwidth usage are clearly defined in the description of each Plan. We do not guarantee unlimited quantities of any type of resource, including bandwidth.

new element designs allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, audio, video, image and multimedia archives; are mirror sites; or any site whose primary purpose is file distribution. new element designs customers are discouraged from storing any files that might cause excessive traffic on new element designs servers. Please contact the new element designs Technical Support team for more information. Again, 99% of sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any Client for any reason not prohibited by law.

Any deliberate attempt to cause damage to new element designs or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups
We make full backups of all servers on a daily basis; however, we make no guarantees 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 his own web content and databases.

The "Backup Manager" is included in each hosting plan and Clients can use this tool to back up his files, sites, scripts, and databases

.

new element designs reserves the right to amend our Terms of Service at any time and without notice.