Version: 1.56.40

Hosting Terms of Service


The Web Hosting General Terms and Conditions Agreement ("Agreement") governs the terms of use of the web hosting service ("Service") described on this website ("http://www.ileaguerace.com") and ("https://purdydesigns.com/") for use by Customers ("Customer") offered by NewEdge Development ("Provider"). The Agreement is made between Customer and Provider whenever Service is requested or ordered by Customer. The Agreement is maintained independently of any other agreement between Provider and Customer, even if Provider and Customer are engaged in other Service Agreements or arrangements such as professional services, software development, or web development.

Definitions

Web Hosting. An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more shared or physical computers for use by Customer.

Network Transfer. A finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Services requested by Customer.

Technical Support. Technical electronic support is provided only to Customer’s authorized Contacts ("Contacts") as listed within Customer’s Account. Technical Support does not include computer training, software training, or any other general technical or Internet training.

Fees

Setup fee. Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.

Recurring fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.

Network Transfer overage fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately. Current pricing for bandwidth overage fees are 0.25 per Gigabyte. Add-On Packages provide slight discounts in bulk purchases. If you are consistently going over your bandwidth limits. These Add-On packages will help you save. You can also optionally upgrade to a higher level package.

Additional Resource Utilization fees. Should Customer exceed the total amount of included hosting resource (Disk Space) You may purchase Add-On Disk Space as required or Upgrade to a higher level package.

Term. This Agreement shall be effective as long as Customer or Customer's contacts continue to use Provider's Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.

Account Ownership

Account Owner. The highest authority of a single specific Account is the Account Owner. Individual Services that are associated with an Account, are controlled by the Account and its Account Owner. The Account Owner is established at the time the Account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or "fake" names for the details of an Account Owner. Accounts containing fictitious or "fake" names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.

Transfer. The Account Owner role can be transferred only to an existing Contact on an Account and only with the permission of the current Account Owner. If the Account ownership role is transferred to another Contact, the previous Account Owner is no longer privileged beyond the basic privileges of their new role.

Term

Money Back Guarantee. Details of the "Money back guarantee program" All Packages come with a 30 Day Money Back Gurarantee.

Conditions

  • Accounts terminated for violation of the Acceptable Usage Policy will not qualify. Example: a Service terminated for spamming violations.
  • Cancellation must be done through the Billing controls in the Plesk Billing.
  • Setup fees are non-refundable.
  • Add-ons to your service are non-refundable. Examples of typical add-ons are:
    • Disk Space
    • Additional IP Addresses
    • Additional Bandwidth
  • Refunds by PayPal take up to 1 week.
  • This guarantee does not include any prorated charges incurred on your Account during this eligibility period.

Acceptable Usage

In order to provide a high class, professional service, we have a few conditions for Customers of our service. Some of these conditions may seem strict, but they insure a safe, functional, and trusted environment for our customers to publish their information on the World Wide Web.

Some example scenarios that may warrant a service suspension:

  • Customer is knowingly or unknowingly hosting pornographic videos or photographs.
  • Copyrighted media such as music or videos are found to be distributed without the copyright owner's consent.
  • Illegal or un-licensed software or 'warez' download sites.
  • A site set up to function as an open http proxy.
  • Large amounts of unsolicited email (SPAM) are sent using a customer's SMTP service or mail script.
  • An unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources. To protect the customer, a site may be suspended in order to verify that this resource spike is legitimate.
  • A hacked script or otherwise compromised site is discovered. This condition usually results in one or more of the above conditions.

Some of our competitors do not require their customers to comply with such conditions. If any of our existing or potential customers are unwilling or unable to comply with these conditions, we respectfully invite them to visit one of our competitors.

Web, FTP, Publishing Content Policies

Provider does not allow any of the following content, or links to such content, to be published on NewEdge Development Hosting Systems:

  • Content of a pornographic, sexually explicit, or violent nature.
  • “Hate” sites or content that could be reasonably considered as slanderous or libelous.
  • Content of an illegal nature (including stolen copyrighted material).
  • Pirated software sites.

Customers posting any of the above content on their sites will be notified using Customer's current email address on file, and may be suspended or given a time frame to take corrective actions. If no corrective actions are taken, Provider will suspend the services of the hosting account until a resolution is met between Provider and Customer. A repeated violation of this Policy may cause cancellation of service without refund of any fees.

Provider offers generous amounts of disk space, and network bandwidth. Customer is not permitted to knowingly allow another website or hosting server to link to content files stored on Provider's servers. Customer may not use hosting account as a remote storage server only. 75% of customer's content files stored on Provider's server must have associated HTML, or PHP files inside the account linking to the content stored on that account.

Email Usage Policies

NewEdge Development does not support unsolicited email messages sent by Customers of our system (also known as junk email or SPAM). Customers sending unsolicited email messages from our system, or through other systems with messages referencing their website, will have all of their services temporarily suspended. They will then be contacted by NewEdge Development and informed of the suspension before having their services reinstated. A repeated violation may cause cancellation of service without refund of any fees.

Excessive hosting service striping

Referred to herein as "excessive striping". This describes the condition where a customer attempts to use 2 or more hosting services, stored with duplicate content, in order to collect an excessive allocation of overall bandwidth, disk space, GPUs, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive striping condition may also be achieved by closing services before their resource limits are reached then opening a new service with nearly identical content to use its bundled resources. Content and resource striping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in a service suspension.

Illegal Activities

Customers found using our system for illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately canceled without refund of any fees.

Other

Compliance with Law. Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.

Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer’s material submitted to Provider for publication. Provider’s publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.

Availability of service. Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.

Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.

DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.

Indemnity. (a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content or links located on Provider’s website from time to time including, without limitation, content submitted by Customer for publication by Provider

Notwithstanding the foregoing, if You are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section ‘Other’ (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-26722, 2674-2680), as applicable, or other applicable Federal statutes.

Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.

Nondisclosure. Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.

Governing Law/Venue. This Agreement shall be governed by the laws of the State of California. Venue for any action hereunder shall be in Los Angeles County, California.

Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.

Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.

Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

Attorneys’ Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.

Data Back-up. Customer is responsible for independent backup of data stored on Provider’s servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer. Although we do daily server backups it takes time to restore from these backups. It is highly reccommended that you make your own backups.

Domain Names. Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer’s established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.

Registered users: Chad Cole