Newport Internet Terms of Use (TOU)

The following Terms of Use apply to ALL Newport Internet clients:

Newport Internet's Services
Newport Internet's services include, but are not limited to:

• any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Newport Internet provides to customers);
• any use by customers, or any access provided to customers by Newport Internet, of computing, telecommunications, software, information, hardware, and equipment;
• any act, or provision of any service, by Newport Internet to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
• any provision by Newport Internet to customers, of any space, Internet connectivity, or electrical power;
• any access or use related to the Newport Internet's Web site, including the Web site itself;
• any other service mentioned in the TOU;
• any other service provided by Newport Internet to customers, whether used or not;
• any other Newport Internet services that are used by customers, whether offered or provided by Newport Internet to customers.

Ownership of Web Site
The legal owner of customers' Web sites and accounts with Newport Internet will be the individual or organization whose name is listed in Newport Internet's database as the owner. Customers will fully cooperate with and abide by any and all of Newport Internet's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Newport Internet.

Illegal Use
Newport Internet servers 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. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Newport Internet services, all Newport Internet customers certify that they and/or the organization they represent in procuring services from Newport Internet are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Newport Internet's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Newport Internet server, and selling or distributing software (on a Web site residing on a Newport Internet server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Newport Internet reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system or network security are 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.

Viruses and Other Destructive Activities
Use of Newport Internet's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Newport Internet's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Newport Internet customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Newport Internet customer (per the DMCA) to Newport Internet must follow the below procedures. Copyright infringement notifications submitted to Newport Internet according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Newport Internet's sole discretion.

DMCA Copyright Infringement Notification Requirements

• Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for Newport Internet to locate it including URLs and specific descriptions of the infringing material at each URL.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
• Mail the notification to:
     Newport Internet Corporation
     Legal Department - DMCA Complaints
     17 Calle Fortuna
     Rancho Santa Margarita, CA 92688
  

Adult Content
Pornography and sex-related merchandising are prohibited on Newport Internet servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography
The use of Newport Internet's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Newport Internet is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy
Newport Internet is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Newport Internet urges its customers to assume that all of their on-line communications are insecure. Newport Internet cannot take any responsibility for the security of information transmitted over Newport Internet's facilities. Additional details on privacy and Newport Internet's use of customer information can be found in Newport Internet's Privacy Statement located here.

Customer Responsibility
Customers are required to use the Newport Internet network responsibly. This includes respecting the other customers of Newport Internet. Newport Internet reserves the right to suspend and/or cancel service with any customer who uses the Newport Internet network in such a way that adversely affects other Newport Internet customers. While Newport Internet may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Newport Internet does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Newport Internet becomes aware of any violation of the TOU or other user agreements, Newport Internet may take any action to stop or correct such violation, including, but not limited to, denying access to Newport Internet's services and equipment or to the Internet. In addition, Newport Internet may take action against a customer or a customer of such customer because of the activities of such customer. Newport Internet anticipates that customers who offer Internet services will cooperate with Newport Internet in any corrective or preventive action that Newport Internet deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Newport Internet policy and Newport Internet reserves the right to take any such action even though such action may affect other customers of the Newport Internet customer.

Actions Taken by Newport Internet
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Newport Internet will be the sole arbiter as to what constitutes a violation of the TOU. Newport Internet reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Newport Internet becomes aware of an alleged violation of its TOU, Newport Internet will initiate an investigation. During the investigation, Newport Internet may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Newport Internet may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Newport Internet will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Newport Internet does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Newport Internet.

Indemnification
Newport Internet customers agree to protect, defend, hold harmless, and indemnify Newport Internet, any third party entity related to Newport Internet (including, without limitation, third party vendors), and Newport Internet's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Newport Internet, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Newport Internet's services.

Disclaimer
The Newport Internet service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Newport Internet expressly disclaims any representation or warranty that the Newport Internet service will be error-free, secure or uninterrupted. No oral advice or written information given by Newport Internet, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Newport Internet and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Newport Internet may immediately terminate provision of Newport Internet's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Newport Internet in such event.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL NEWPORT INTERNET (INCLUDING, WITHOUT LIMITATION, NEWPORT INTERNET'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS NEWPORT INTERNET, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING NEWPORT INTERNET'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR NEWPORT INTERNET SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY NEWPORT INTERNET SERVICES EVEN IF NEWPORT INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEWPORT INTERNET'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR NEWPORT INTERNET'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY NEWPORT INTERNET OR NEWPORT INTERNET'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications
Newport Internet may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Newport Internet's services. Certain changes to Newport Internet's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Newport Internet is not liable, for any and all such personalized applications and content, except as expressly agreed to by Newport Internet.

Backup of Data
Except where Newport Internet has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Newport Internet is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Newport Internet services.

Third Party Licenses
Newport Internet makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Newport Internet makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Newport Internet specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Newport Internet liable in any way for the revocation of any license, which has been licensed to Newport Internet. The use of the Technologies obtained from or through Newport Internet, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Newport Internet Products
Any mention of non-Newport Internet products by Newport Internet, its employees, or any third party entity related to Newport Internet is for information purposes only and does not constitute an endorsement or recommendation by Newport Internet. Newport Internet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Newport Internet products or services.

Newport Internet's Intellectual Property
Customers will not, without Newport Internet's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Newport Internet's Web site, and customers will not use any of Newport Internet's trademarks, service marks, copyrighted materials, or other intellectual property without Newport Internet's express written consent. Customers will not, in any way, misrepresent their relationship with Newport Internet, attempt to pass themselves off as Newport Internet, or claim that customers are Newport Internet.

Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Newport Internet's services, either in whole or in part, without the prior written consent of Newport Internet.

Minimum Age Requirement
Newport Internet customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Newport Internet customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Newport Internet services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Newport Internet's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Newport Internet's services will be deemed null and void to the extent that Newport Internet will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Newport Internet's services.

Governing Law and Severability
The TOU, and any other agreement for Newport Internet services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Newport Internet will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Newport Internet agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
Newport Internet will not be liable for delays in its performance of the TOU or Newport Internet services caused by circumstances beyond Newport Internet'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"). Newport Internet 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.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Newport Internet services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Newport Internet.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Newport Internet and its customers. Each of Newport Internet 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.

Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Newport Internet services, constitutes the complete understanding and agreement between Newport Internet and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Newport Internet, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Newport Internet services is between Newport Internet and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Newport Internet.