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TERMS OF SERVICE / ACCEPTABLE USE POLICIES
BY UTILIZING ANY OF NewBeeColo.com's SERVICES AND/OR HARDWARE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
1. Warranties/Disclaimers
All NewBeeColo.com service(s) and/or hardware is provided on an as is, as available basis. NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO NewBeeColo.com OR ANY INFORMATION OR SOFTWARE THEREIN. You release NewBeeColo.com from and NewBeeColo.com shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the NewBeeColo.com services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by NewBeeColo.coms own negligence. Without limiting the generality of the foregoing, NewBeeColo.com disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the NewBeeColo.com services. In no event shall NewBeeColo.com aggregate liability exceed the amount paid by you to NewBeeColo.com for the NewBeeColo.com services. Use of any information obtained via NewBeeColo.com Internet service is at the user's own risk. NewBeeColo.com Specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2. Network Security
The Customer is responsible for all use of Customer's accounts) and confidentiality of passwords), including choosing safe passwords and ensuring file protections are set correctly. NewBeeColo.com will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. NewBeeColo.com is not liable for any usage and or charges prior to NewBeeColo.com making the necessary account alteration. Any Email sent through any computer system(s), should not be considered a secure means of communication unless encrypted, and even encrypted, the expressed understanding of information is only as secure as the encryption method utilized. NewBeeColo.com Customers are reminded that no computer system which is online and connected to the internet can be considered 100% safe from intrusion.
3. Non-Transferability of Account
The right to use NewBeeColo.com Internet service is not transferable. Use of NewBeeColo.com accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
4. Network Address
All I.P. address(es) issued by NewBeeColo.com is the sole property of NewBeeColo.com and are considered to be lent to its customers. In the event any service is discontinued for any reason, NewBeeColo.com reserves the right to re-claim the I.P. addresses previously lent.
5. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws governing the State of California from which we operate. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on NewBeeColo.com service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on NewBeeColo.com. Customer shall defend, indemnify and hold harmless NewBeeColo.com from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the NewBeeColo.com service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with NewBeeColo.com or NewBeeColo.com Acceptable Use Policies. At NewBeeColo.coms discretion, NewBeeColo.com may revoke Customer's access to NewBeeColo.com services or accounts for inappropriate usage.
6. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by NewBeeColo.com and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, NewBeeColo.com reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a NewBeeColo.com Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited email will result in immediate hosting account suspension and or termination this includes any spammed url which is emailed from any network, ours or any other network which refers the contents of the email to any ip block associated with or in any way involving anynetwork to which NewBeeColo.com operates. Upon completion of our investigation of any spam related complaints resulting in blacklisting of NewBeeColo.com network ip addresses and or any complaints of spam/uce NewBeeColo.com shall levy fine in the amount of $250.00 US dollars if it is the determination of NewBeeColo.com that the client is directly responsible for spamvertising/transmission of UCE with regard to any website hosted on NewBeeColo.com Network, Any additional costs and or litigation and attorney fees involved with a spam complaint will be the responsibility of the client and such costs will be recovered by NewBeeColo.com .
(c) Any and all mail transmitted via NewBeeColo Hosting Servers/network must have a valid existing return email address which belongs to the client. Under no circumstances will a forged return email address be allowed. This revision is necessary to comply with certain state laws prohibiting forged return email addresses.
(d) Engaging in either (a) or (b) from a provider other than NewBeeColo.com and using an account on NewBeeColo.com as a mail drop for responses, or to draw attention to a web site housed within NewBeeColo.com's networks.
(e) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by NewBeeColo.com.
(f) Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.
(g) Impersonating another user or otherwise falsifying one's user name in email, NewBeeColo.com's postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer serv ices.)
(h) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(i) Use of IRC bots or clone bots on NewBeeColo.com, whether on IRC servers c ontrolled by NewBeeColo.com, Inc. or by other parties. An IRC bot is a program,which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(j) Network unfriendly activity: Attempts to interfere with the regular workings of NewBeeColo.com's systems or network connections or which adversely affect the ability of other people or systems to use NewBeeColo.com services or the Internet, including, but not limited to:
1.
Any unauthorized at
tempts by a user to gain root access or access to any account not belonging to that user on this or any oth e r NewBeeColo.com system;
2. Any use of this or any other NewBeeColo.com system as a staging ground to disable other systems.
(k) Spamming of your url to search engines or other indexes in an attempt to gain a more favorable position in the search engines and prompts a complaint from the administrators of the search engine and/or index.
(l) Accounts which are found to be in violation of any of the above listed items a-j are subject to immediate account suspension and a minimal removal fee of $25.95 {with exception to Article 6 (b) Spam/UCE Please see above.}providing damages are not sought by the offenders target, should an entity seek damages against NewBeeColo.com, the account will be charged the full amount of damages and attorney fees and travel costs if any.
(m) Engaging in any hate group/site activity on our network is strictly prohibited, NewBeeColo.com does not condone nor will it tolerate the use of our network for promotion or engagement of any website involving itself or its owners in hate, racist or other acts which may be offensive to minority groups. Such activity will result in immediate account termination.
7. Right to Disconnect Non-Dedicated Accounts
NewBeeColo.com unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. NewBeeColo.com reserves the right to impose a restriction on accounts it deems tobe in violation of these conditions.
8. Excess Utilization of System or Network Resources
NewBeeColo.com account descriptions in some cases may specify limits on bandwi dth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event NewBeeColo.com determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the Customer maybe requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by NewBeeColo.com to adversely affect NewBeeColo.com's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by email as soon as practicable.
9. Compliance with Rules of Other Networks
Any access to other networks connected to NewBeeColo.com's Internet service must comply with the rules for that other network as well as with NewBeeColo.com's rules.
10. Monitoring/Privacy
NewBeeColo.com reserves the right to monitor any and all communications through or with NewBeeColo.com facilities. Customer agrees that NewBeeColo.com is not
considered a secure communications medium for the p urposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. Itmay become necessary for NewBeeColo.com employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. NewBeeColo.com also reserves the right to access a Customer's mailbox or other files stored on NewBeeColo.com systems to resolve system problems or mail system errors.
11. Cooperation with Authorities
NewBeeColo.com reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
12. Confidentiality of Personal Subscriber Information
NewBeeColo.com will not release a Customer's personal subscriber information, or Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that NewBeeColo.com's judgment as to the validity of any court order of subpoena shall be considered proper and final.
13. NewBeeColo.com 's Right to Suspend or Cancel Account
NewBeeColo.com reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of NewBeeColo.com that the Customer may be performing activities harmful to NewBeeColo.com or its Customers, employees, vendors, business relationships or any other users of the Internet.
Accounts are due on the due date {not the next day not 3 days later} If your account is not paid on the due date, a $25.95 late fee will incur. If this perio
d of time exceeds 2 days, termination of your account will take place, and a $25.00 reconnection fee will be charged. The total fees for reconnection after 5 days of non-payment will be $50.95+unpaid balance of your account. Files will be retained by NewBeeColo.com for a period of 30 days after which time no responsibility for them will be taken. Be advised that unless prior arrangements have been made via
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that there can be no exception to this policy.
14. Right to Damages
NewBeeColo.com reserves the right to collect damages (software, hardware and man hours) if any harm is done to NewBeeColo.com, which requires repair or reconfiguration of any kind.
15. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action NewBeeColo.com may take or remedies available to NewBeeColo.com in any way with respect to any of the described conduct. NewBeeColo.com reserves the right to take any additional actions NewBeeColo.com may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the NewBeeColo.com service, and levying cancellation charges to cover NewBeeColo.co
m's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, NewBeeColo.com reserves at all times all rights and remedies available to NewBeeColo.com with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and NewBeeColo.com reserves the right to enforce such policy or rule at its solediscretion.
16. Billing and Payments
Invoices for services are submitted monthly in advance. Customers will be billed via credit card or invoiced directly. Access to your account may be restrict
ed if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration dates. The Customer agrees to pay monthly invoices immediately upon receipt and until the account is cancelled by written notification. Upon receipt in writing of an account cancellation any pre-paid months of service beyond the current billing period* will be refunded to the Customer and the Customers account will be closed at the end of the current billing period. Account charges will be processed once per month on a regular schedule. If the invoice remains unpaid for 5 days after the invoice date your service will be interrupted until payment has been received. Such interruption will not relieve the Customer from the obligation to pay monthly charges. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. If a Customer pays by check and that checkis returned unpaid for any reason, the account will be immediately suspended in default and you will be subject to a returned check fee of $45.00. If you default on any payments due to NewBeeColo.com, you agree to pay NewBeeColo.com all reasonable collection expenses, including but no limited to, attorneys and collection agency fees.
* If customer entered into a written term contract with NewBeeColo.com the terms of the contract will take precedence over the above refund policy.
Customers may cancel service via an email specifically expressed therein the reason for cancellation.
17. NewBeeColo.com 's Right to Change Service
NewBeeColo.com reserves to right to change without notice the NewBeeColo.com service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
18. NewBeeColo.com 's Right to Modify its Acceptable Use Policies
NewBeeColo.com may modify its Acceptable Use Policies upon notice published online via NewBeeColo.com. Customer's use of NewBeeColo.com services after such notice shall constitute Customer's acceptance of the modifications to these policies.
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