This User Agreement ("Agreement") governs your purchase and use of any N.T.S Services, ordered by you ("you" and/or "Customer") and provided by N.T.S. The account set up with N.T.S through which the Services will be administered is referred to as your "Plan(s)". This Agreement explains the terms and conditions that apply to your purchase and the use of the Plan(s) and N.T.S's Web site. Before you may use N.T.S's Services and create an account with N.T.S you must sign the application form and accept this Agreement by selecting the Acceptance Checkbox at the end of the Hosting and/or Domain application form. This Agreement exists to define the agreement between you and N.T.S and to ensure that N.T.S's customers are using N.T.S's Services with regard to the rights of other Internet users and in conformity with the requirements of N.T.S's network environment. You must notify of any changes in your personal information.
You are required to use N.T.S's Service(s) responsibly. This includes respecting the other customers of N.T.S. Subject to the terms and conditions of this Agreement, N.T.S grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents. You shall comply with all copyright laws worldwide in your use of N.T.S's Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, N.T.S does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
N.T.S server may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
* materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so
* material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws
* unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others
* storage, posting, display, transmission, advertising of or otherwise making available child pornography.
In purchasing N.T.S services, all N.T.S customers certify that they and/or the organization they represent in procuring services from N.T.S are not, nor have been designated, a suspected terrorist are not owned or controlled by a 'suspected terrorist'.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of signing the application form (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). N.T.S will monitor Customer's bandwidth and disk usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan's bandwidth allowance is upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the plan's allowance shall be billed at 50.00 EGP per GigaByte. Further, if N.T.S's automated system fails to suspend a plan when reaching the plan's bandwidth allowance, customer agrees be billed at 50.00 EGP per GigaByte for each GigaByte of bandwidth usage in excess of the plan's bandwidth allowance. N.T.S shall have the right to take corrective action if Customer's disk usage exceeds the Agreed Usage, including but not limited to deletion of all plan files, termination of this Agreement or suspension of Services. Such actions may be taken in N.T.S's sole and absolute discretion.
In order to preserve the integrity of N.T.S's Services and provide Customers with N.T.S's 99.9% uptime guarantee , N.T.S must be able to regulate its customers' use of server resources. Therefore, Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of N.T.S's servers. N.T.S shall define " excessive amounts of server resources" as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage. Any violation of this policy will result in immediate account cancellation and imposition of an Administrative Fee of 500.00 EGP. N.T.S shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. N.T.S reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
N.T.S provides Users with bandwidth and disk space, the amount of which is defined in N.T.S's web pages describing the package of Services purchased at the time of purchase. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. N.T.S reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by N.T.S for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by N.T.S as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with N.T.S.
N.T.S's Hosting plans are not intended for the storage of data not specifically utilized as an element or content within your site's web pages.
Examples include, but are not limited to:
•Website Backups (Exception: One (1) cPanel backup of the account itself)
•Software Storage
•Personal/Computer Backups Backup generation through cPanel's automated backup utility is limited to accounts under 10GB.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
N.T.S will monitor User's use of bandwidth, disk usage and other resources. N.T.S, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in N.T.S's sole and absolute discretion.
N.T.S, for its own operational efficiencies and purposes, backs up data on its web hosting server from time to time -- but is under no obligation or duty to Customer to do so under this User Agreement. CUSTOMER AGREES THAT IT IS SOLELY THE CUSTOMER'S RESPONSIBILITY AND DUTY TO BACKUP CUSTOMER'S DATA ON N.T.S'S SERVER. Customer knowingly and willingly accepts the risk of loss of data if customer does not maintain offsite backups of customer's data. Customer also agrees that N.T.S is NOT liable to anyone FOR DAMAGES OF ANY KIND, under any legal theory, under any circumstance, for loss of Customer data on any N.T.S server. N.T.S will NOT attempt to back up web hosting accounts that exceed 50,000 files or 40,000 MegaBytes of space for any reason.
Each hosting plan is limited to sending no more than 250 emails in any 60 minute period. This policy is necessary to protect the quality of N.T.S's hosting service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in immediate account suspension. To be re-activated , the client must provide a written and signed statement stating "I have read, understood, and agree to N.T.S's Mass Emailing Policy". Any second violation of this policy will result in account suspension and N.T.S shall decide in its sole and absolute discretion the necessary action, including account cancellation. N.T.S shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. N.T.S reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
"Spamming" includes the sending of unsolicited bulk and/or commercial messages over the Internet using N.T.S's Services or through another ISP or IPP with a reference to N.T.S or a website hosted by N.T.S, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a N.T.S server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a minimum fine of 1500.00 EGP and may have their Plan(s) terminated or suspended. N.T.S reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Violation of system or network security is prohibited and may result in criminal and civil liability.
Examples of system or network security violations include, without limitation the following:
* unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
* interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
* forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
* distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information
* any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic
* interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user's terminal session, via any means, locally or by Internet
* any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner
* any form of avoidance of system restriction
* any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
If N.T.S becomes aware of any violation or threatened violation of this Agreement, N.T.S may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to N.T.S's Services and equipment or to the Internet, removal of all or a portion of the information stored on N.T.S's server, suspension of any and all Services, or termination of this Agreement. In the event N.T.S is required to suspend Services or terminate this Agreement, N.T.S shall not refund any of the Fees paid in advance of such corrective action. In addition, N.T.S may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that N.T.S shall have no liability to you or any of your customers as a result of any corrective action N.T.S may take (including, without limitation, termination of Services). You are expected to cooperate with N.T.S in any corrective or preventive action that N.T.S deems necessary.
In consideration of the Services provided to you by New Tech Services, you shall pay the service fees set forth in your Plan(s) ("Fees"). New Tech Services offers 1, 3, 6, 12, and 24 month terms. All Plans are prepaid and automatically renew for successive like periods unless terminated in accordance with this Agreement. All Fees must be paid in advance cash or check. By establishing a Plan with New Tech Services, you authorize New Tech Services to automatically charge the Fees and any administrative or other fees provided for in this Agreement to be paid from your checking account via the transit and routing numbers you provide on the Order Form. You may discuss other payment arrangements with New Tech Services's Billing Manager by contacting us via email: billing[at]newtechservics[dot]com.
You must notify New Tech Services of any changes in your personal information (including, but not limited to, the billing address, account number or credit card or bank account, or expiration or cancellation of your card.).
It shall be your sole responsibility to assure payment is received in full and on time. If payment is not collected by the date due
(1) your account will be suspended until payment is received in full.
(2) a 100.00EGP late payment charge will be added to the invoice.
(3) New Tech Services reserves the right to terminate your Plan(s).
If a Plan is suspended for insufficient payment, you must contact New Tech Services and arrange for immediate payment. Suspended accounts will continue to be responsible for the payment of fees. Accounts in default are subject to a service charge of 0.08% ( or such other maximum amount permitted by law ) per day on the outstanding balance.
Termination of Services shall not relieve customer from the obligation to satisfy outstanding amounts due and payable.
In the event New Tech Services utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of New Tech Services attorneys' fees, collection agency fees, and all other costs related to the collection of outstanding amounts.
New Tech Services guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your website, New Tech Services will request proof that 99.9% up time was not achieved. This guarantee shall not apply in the event of Force Majeure (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer's account is not in good standing at the time of the outage.
New Tech Services will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond New Tech Services's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). New Tech Services will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Each of New Tech Services and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
New Tech Services may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. New Tech Services does not and will not assume any obligation to notify you of the changes to this Agreement.
During the Term of this Agreement, New Tech Services may provide you with a restricted license to use an IP address. You may use the IP address only as provided by New Tech Services. New Tech Services shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by New Tech Services, and New Tech Services reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion.
New Tech Services customers must be at least 18 years of age.
The term of this Agreement shall be as set forth in the Order Form, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement . The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
All plans automatically renew until terminated. In order to terminate or cancel your plan, you must sign the application account termination form. Any attempts to cancel by phone, email, or any other method will be rejected and billing will continue until these instructions have been followed.
You expressly agree that the use of Services or any information provided by N.T.S is at your sole risk. Neither N.T.S, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does N.T.S make any warranty as to the results that may be obtained from the use of the Services.
THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN "AS IS," "WHERE AVAILABLE" BASIS. N.T.S AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK.
2010 New Tech Services - All Rights Reserved.