Terms of Service
New Millennium’s acceptable use policy. All customers of New Millennium agree to be governed by the policies set forth herein.
WHEREAS, New Millennium is an information provider connected to the Internet – New Millennium offers website development, storage and transfer services over the Internet through access to its Web Servers and/or web servers utilized under contract with third parties;
WHEREAS, Customer seeks to utilize New Millennium server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, New Millennium can make no guarantee that any given reader shall be able to access New Millennium server at any given time.
New Millennium represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Violations of New Millennium’s Terms of Service or Spam Policy may, at New Millennium’s discretion, result in immediate disablement without refund.
New Millennium shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or New Millennium server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Customer will provide New Millennium with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of New Millennium . New Millennium shall make no effort to validate this information for content, correctness or usability.
Use of New Millennium service 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 Customer’s Webspace by the Customer.
The Customer agrees that he or she has the necessary knowledge to utilize Customer’s Webspace. Customer agrees that it is not the responsibility of New Millennium to provide this knowledge or Customer Support outside of the defined service of New Millennium.
Unless specifically agreed to between parties, New Millennium will exercise no control whatsoever over the content of the information passing through the network.
New Millennium makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. New Millennium also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of New Millennium is at the Customer’s own risk, and New Millennium specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. New Millennium expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The customer agrees to make use of New Millennium servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) as well as BitTorrent software specifically may not be run on any New Millennium server, and if your processes are adversely affecting server performance disproportionately New Millennium reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
New Millennium specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, New Millennium may, at its option and at any time, reject this material, including but not limited to after it has been put on New Millennium Server. New Millennium agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of New Millennium. If the Customer fails to modify the material, as directed by New Millennium, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Backups are made periodically. No guarantees are made 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 clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of New Millennium, New Millennium will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, New Millennium may charge an hourly fee in an attemts to restore the lost files.
TRAFFIC USAGE RESTRICTIONS:
Each account comes with a pre-determined amount of bandwidth allowance and file size. Exceeding bandwith and/or file size allocation may result in disruption of service. Additional charges may be incurred for additional bandwith and/or storage.
TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the applicable trademarks, if any.
HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access New Millennium .
New Millennium makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the New Millennium service.
New Millennium is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, New Millennium Web Hosting, or New Millennium’s upstream providers.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of New Millennium may not be used to impersonate another person or misrepresent authorization to act on behalf of others or New Millennium. All messages transmitted via New Millennium should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either New Millennium or external computers and Denial Of Service attacks of any kind.
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. New Millennium will accept termination by electronic mail. Notwithstanding the above, New Millennium may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. New Millennium reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of New Millennium Server is at Customer’s sole risk. Neither New Millennium , its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that New Millennium Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the New Millennium Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall New Millennium , its offices, agents or any one else involved in creating, producing or distributing New Millennium Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the New Millennium Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to New Millennium records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on New Millennium Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer may only use New Millennium Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on New Millennium Server for the purpose of illegal distribution or infringement.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use New Millennium Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at New Millennium. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Customer agrees that it shall defend, indemnify, save and hold New Millennium harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against New Millennium , its agents, its customers, servants 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 New Millennium against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with New Millennium Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on New Millennium Server.
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of New Millennium.
These Terms and Conditions constitute the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
When you create an account with New Millennium, your personal information is stored in our database. We do not make our customer records available to any outside parties.
When you sign up for service with New Millennium Web Hosting, we collect personal information from you including your name, e-mail address, billing address, security question (and answer), credit card or other payment information, and a password.
We may also collect the URL from which you linked into our site, your IP address, and your browser type and version, all of which are collected in an anonymous manner without being linked to any of your personal information.
Use of Customer Information
Customer privacy is something we take very seriously at New Millennium. We do not, and have never, sold or disseminated the personal information of our customers to any parties outside of New Millennium Web Hosting, or its parent company, New Millennium Development Corporation. We use customer information for the purposes of creating and maintaining individual customer accounts, contacting customers in case of a problem with their account, sending personal information, for statistical purposes, to administer our systems, to conduct surveys, to administer drawings or contests, and to provide technical support. New Millennium may on occasion contract with third parties to provide Customer services. Contracted parties may have access to individual customer information but will be obligated under the same terms and conditions as set forth herein with regards to use of customer information.
Please note that the contact information that you provide to us is used to register your domain name and is, by the very nature of the domain registration system, available for public viewing in many places on the Internet via the use of the ‘whois’ tool.
Other terms of service are listed on our Dreamhost partners site.