Terms of Service

Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between yourself and Newebs Inc. If you have any questions about what you see on this page, please feel free to contact us at support@newebs.com or call: 1-780-497-7734.

The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the sign-up process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "Newebs" or "us" or "we" refers to Newebs Inc.,

Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Newebs), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, below.

Cancellation
As we explain in this paragraph, we offer you a money-back guarantee if you cancel with us during the first 30 days. Here is how our cancellation policy works. It is very simple, if you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by submitting information through our cancellation form, which is located at http://cancel.newebs.com.

If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. We charge $21.95 per year for domain registration. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration and transfer and SSL certificates are non-refundable. Our policy regarding web design services is as follows: We do not issue refunds once we have started work. If you order design services and cancel before we have started working on the design and before 30 days have passed then we will refund the full cost of the design service.

Automatic Renewal
When you sign up, your Newebs account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply Login to your account, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in your account.

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 that your data and website will not be available. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, we shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Newebs policy when it comes to data retention, and waive all rights in and to your data in these situations.

Acceptable Use/Illegal Activity
Newebs strives to maintain a high-level of service, and 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, for example 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 the 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 engaged 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, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.

Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the resources of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

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. We will post the changes here, and your continued use of the service means you accept the changes we have made.

Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
By mail:

William Harrison
c/o Newebs Inc.
St. Albert, AB
Canada T8N 5V9

By phone: 1-780-497-7734
By fax: N/A
By email: copyright@newebs.com

Indemnification
If we are 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 pick up the tab if Newebs is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse Newebs for what it pays to satisfy a judgment or settle a case, you also agree to pay Newebs reasonable attorney's fees and all other costs Newebs incurs in defending itself.

Disclaimer of Warranties
NEWEBS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS 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. NEWEBS 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. NEWEBS 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 NEWEBS 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 NEWEBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/PROVINCES may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Newebs due to your enrollment in the affiliate program,

Terms Applicable to Affiliates
If you become an affiliate of Newebs, the following terms apply to you.

Our Affiliate Program
To participate as an affiliate, you are required to complete an affiliate application located at newebs.com. The application will be evaluated, and we will notify you in a reasonable time whether your application has been accepted. At our discretion, we may decide for any reason that your site cannot participate in our program. If you are a Canadian resident, we will require that you provide us with your Social Insurance Number or Tax ID number. We do not require this information for international affiliates.

How it Works
We provide our affiliates with unique tracking codes. These codes must be placed in the HTML of your website and when clicked on will direct visitors to your site to newebs.com or one of our other web sites. If the visitor to your site places an order in the following 365 days from the same computer (cookie tracking) or the same Internet connection (ip tracking), our automated system will track the sale and automatically credit your account.

In order for automated tracking to be successful the visitor must have clicked on your tracking pixel, have cookies and JavaScript enabled in their browser, not clear cookies or switch Internet Service Providers before placing your order. If the automated tracking fails for any reason and you wish to earn commission for this referral you must contact Newebs Affiliate Support at affiliates@newebs.com. When you contact us, please include the domain name, full name, and e-mail address of the customer you referred. The date and time of the order would also be helpful. If you are not able to provide this specific information then unfortunately we may not be able to issue a credit to your account. We will investigate any missed commissions to the best of our ability, however if we are not able to verify the referral we may not be able to issue a credit.

Commissions
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: a non-fraudulent, active for a period of thirty (30) days, not canceled web hosting client who has paid for services in full and has been directed to us through your affiliate tracking link.

Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold commissions for up to 60 days for verification. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, or if we learn that the commission was earned improperly for any other reason.

There are two pay periods during every month. Pay periods are two weeks long. The first pay period is from the 1ST of the month until the 15th. The second is from the 16th of the month to the last day of the month. Newebs will process affiliate commissions for the past month period before this on these dates and issue payments. For example: On January TH you earn $500 via the Newebs Affiliate Programs. The commission becomes mature 30 days after we track it, or in this case on February 5TH. The next pay date is February 16th, so on February 16th you would be paid for these referrals. This time frame allows us to evaluate every order and assess its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, hold your commission or cancel the order. Canceled commissions cannot be reinstated.

Base Commissions
Commission rates are posted on www.newebs.com and will be updated from time to time. If you have received a custom commission from us in exchange for a large number of referrals, then Newebs may modify your account settings to reflect this. We consider custom commissions for any affiliate who is able to send five (5) or more new customers per month. Our various programs are managed by various affiliate managers, which can be found at www.newebs.com

2nd Tier Program
Our 2nd Tier Program allows any Newebs affiliate to refer other affiliates and earn a portion of their earnings. For example: Affiliate A refers affiliate B to Newebs. Affiliate A will earn 5% of Affiliate B's earnings. If Affiliate B earns $100 in commissions, Affiliate A will also earn $5. In order to be considered a 2nd Tier affiliate, the affiliate must join using your personal 2nd Tier tracking link. This link and a list of your 2nd Tier affiliates can be found in the affiliate system under 2nd Tier tab at the top.

Affiliate Support Services
Newebs will provide reasonable support services to affiliates. Certain affiliates who have demonstrated a high level of volume will be assigned dedicated account managers. In most cases, affiliate managers are assigned based on the brand which you are promoting. For example, affiliates promoting our Hosting line of services will be managed by a different affiliate manager than affiliates promoting our Web Design line of services.

Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to affiliates@newebs.com Once terminated, you will not be eligible to receive commissions for any future referrals.

Governing Law and Choice of Form
The laws of Canada, the Province of Alberta and the City of Edmonton will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought the Provincial courts located in Edmonton, Alberta, Canada. When These Terms Take Effect

This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) or open an affiliate account at www.newebs.com. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.

By using Newebs hosting or web services you agree to the above terms of service.