TERMS & CONDITIONS

Our terms and conditions are designed to be read by anyone intending to use our services. Please read it.


 

Permission to Host Your Content: For us to host your website, it is necessary for you to upload copies of your content to our servers. When you do this uploading, you are creating one or more copies of your content, website, web files and other data on our system (your "User Content") and giving us the permission to make them available to users of the Internet. You are solely responsible for providing all the content and data that make up your website.

 

Backups: You are solely responsible for keeping back-up copies of the content of your website. Please perform it periodically.

 

Acceptable Use/Illegal Activity: We strives to maintain a high-level of service, as a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Hacking, which includes penetrating or attempting to access, without authorization, another computer or network, Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaging in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, that could be considered libelous and defamatory.
- Hosting, storing, or distributing pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Storing large data not specifically tied ("linked") to your hosting account. We encourage users looking for file storage/backup solutions to seek other services specialize in it.
- Hosting any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner.

 

Content: All services provided by NewdayHost may only be used for lawful purposes. The customer agrees to indemnify and hold harmless NewdayHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse to info@newdayhost.com with the information required.

 

30-Day Money Back Guarantee: We offer you 30-Day Money Back Guarantee on all hosting plans. Upon cancellation of your account, you may request a refund for the remainder (un-used portion) of your term, excluding any web design fees that were charged when you signed up, and excluding domain registration fees(Even if you received your domain for free through one of our promotional plans). All refunds are subject to a domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your account.Please note: Any account upgrades to hosting services such as additional domain registration, Dedicated IP, Domain Privacy, Private SSL certificates, Search Engine Submission, Platinum Upgrade are non-refundable. We also reserve the right to cancel your account without notice should an event occur in which evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

 

Joining NewdayHost: When you sign up, your hosting account will be enabled with a 30 day auto renewal alert, which means you will be given a 30 day notice for you to pay for the renewal. If you have any questions as to when your renewal date is due, simply contact us. By renewing or using our services and products you further agree to all of our Terms of Services and any renewal prices quoted. If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means your website cannot be accessed. If in the following 7 days you pay all amounts due with the fine charged, we will take your account out of suspension and the data will be available again immediately. If, however, 7 days pass from the date on which your account is suspended and you have not made payment in full, NewdayHost shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 14 days behind in making payments, your data will be deleted. You hereby acknowledge that this is NewdayHost's policy when it comes to data retention, and waive all rights in and to your data in these situations.

 

These Terms of Service May Change: Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change without notice. We will post the changes here, and they will take effect when posted; your continued use of the service means you accept the changes we have made.

 

Indemnification: If NewdayHost is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pay the fee incurred by if NewdayHost is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse NewdayHost for what it pays to satisfy a judgment or settle a case, you also agree to pay NewdayHost's reasonable attorney's fees and all other costs NewdayHost incurs in defending itself.

 

Disclaimer of Warranties: EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NewdayHost MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NewdayHost DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

 

Limitation of Liability: IN NO EVENT SHALL NewdayHost BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF NewdayHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

When These Terms Take Effect: This agreement becomes effective once you submit your order to us. If you have questions regarding our terms of service, you can contact us.