When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor’s browser.
The Information We CollectThis notice applies to all information collected or submitted on Newtek’s website. On some pages, you can order products, make requests and register to receive materials. The types of personal information collected at these pages are:
- Email address
- Phone number
- Fax number
- Credit/Debit Card Information
- Domain name
When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor’s browser.
Disclosure of InformationNewtek may disclose information including, but not limited to, information concerning You, a transmission made using our network, or a web site, in order to comply with a valid court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request (compliance documents) properly served on Newtek or one of its affiliates. If one of the aforementioned documents and/or requests is issued, Newtek and/or its attorneys will review such documents to determine their validity prior to taking any action related thereto. You agree that Newtek may charge You a reasonable administrative fee for addressing and responding to any requests and/or any such issues related to You, Your sub-resellers and/or Your customers. Newtek assumes no obligation to inform You that Your information has been provided and in some cases Newtek may be prohibited by law from giving such notice. Finally, Newtek may disclose your information or information transmitted over its network where necessary to protect Newtek and others from harm, or where such disclosure is necessary to the proper operation of Newtek system and/or infrastructure. Newtek is headquartered in New York, New York and all compliance documents should be delivered by one of the formats below: By mail: Newtek Technology Services Attn: Legal Department 212 W. 35th St., Second Floor New York, NY 10018 USA By e-mail: email@example.com By fax: (602) 263-0600 Attn: Compliance Department Additionally, Newtek reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how Newtek is related to the pending litigation and the underlying subpoena and/or request. For Dedicated/VPS Customers: Newtek provides reassignment information to the American Registry of Internet Names (ARIN) on all IP addresses assigned to dedicated servers (commonly known as SWIPing IPs, where SWIP stands for ARIN™s Shared WHOIS Project). What this means is that Your ownership information, NOT Newtek™s, shows up on WHOIS queries against any IP address assigned to Your dedicated server. The information shared with ARIN includes:
- Customer Name
- Street Address
- Postal Code
- Country Code
- Federal Express – Cost as Billed
Our Commitment To Data SecurityTo prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. As stated, when we transfer and receive certain types of sensitive information, such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor’s browser.
Our Commitment To Children’s PrivacyProtecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Links and Linked Internet WebsitesNewtek website may provide links to sites that are separate from Newtek website. These external sites may have their own privacy provisions in place that are different from those provisions listed in this document. Newtek is not responsible for the collection, use or disclosure of information collected on these external sites, and we expressly disclaim any and all liability related to any collection, disclosure or use of such information. In addition, we encourage visitors to seek out and read the privacy policies of any and all sites they visit on the internet.
How You Can Access Or Correct Your InformationYou can access all your personally identifiable information that we collect online and maintain by visiting our Control Center, located at http://www.webcontrolcenter.com/customer.aspx and logging in using their proprietary customer ID and password. Secure access to your information is available by visiting https://www.webcontrolcenter.com/customer. aspx. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error, or you have the ability to correct such errors yourself using the method described above. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact UsShould you have other questions or concerns about these privacy policies, please call us toll-free at (877) 323-4678 or send us an email at firstname.lastname@example.org.
Service Level Agreement:The Newtek Technology Services Service Level Agreement is available upon request. Please contact your account representative or reach out to: Newtek Technology Services Attn: Legal Department 212 W. 35th St., Second Floor New York, NY 10018 USA Alternatively you can fax or email is at: Fax (602) 263-0300 email@example.com Attn: Compliance Department
Terms of ServiceNewtek Technology Services Services Agreement (“Agreement”): The terms and conditions set forth herein constitute the full and complete Agreement between You and any person providing payment for the services to be rendered and the products to be delivered hereunder, and yours and their heirs, agents, successors and assigns (“You” or “Your”) and CrystalTech Web Hosting, Inc. d/b/a/ Newtek Technology Services, Newtek Web Services and Newtek Web Hosting (“Newtek Technology Services”). Your agreement to be bound by the terms contained herein is acknowledged by Your use of the Newtek Technology Services Web Site, Hosting Services, Support Services and/or any Newtek Technology Services software, service, or product made available to You. This Agreement and, if applicable, any Term Agreement (as defined below), as well as any additional Newtek Technology Services policies, together with all modifications thereto, constitutes the complete and exclusive agreement between You and Newtek Technology Services concerning Your use of Newtek Technology Services products and/or services. The terms contained in this Agreement supersede and replace any other agreement or negotiation between You and Newtek Technology Services whether oral, written, or otherwise including any statements made by any representative of Newtek Technology Services, at any time; except that in the case of a conflict between the terms and conditions of this agreement and those set forth in any Term Agreement, the terms and conditions of the Term Agreement shall control. By purchasing and/or using Newtek Technology Services goods and/or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this agreement by reference, as well as any new, different or additional terms, modifications, conditions or policies which Newtek Technology Services may establish and/or revise at any time, and any agreements that Newtek Technology Services is currently bound by or will be bound by in the future. You agree that Newtek Technology Services may modify this Agreement from time to time. You agree to be bound by any changes Newtek Technology Services may make to this Agreement as of the date in which such changes are made. You agree that Newtek Technology Services shall not be bound by any representations made by third parties who You may use to purchase goods and/or services offered by Newtek Technology Services.
Payment of FeesPayment shall be made to Newtek Technology Services in U.S. dollars only. Payments are due upon account activation, as scheduled under any agreement providing for any future or recurring payments, including any Term Agreements (as defined below), and future account renewal, and may be made through the use of a valid credit card and, if permitted by Newtek Technology Services in its sole discretion, by personal/business check or money order, except that payment for products or services whose billing is based in whole or in part on consumption (“Consumable Services”), such as Cloud Virtual Private Servers, a la cart email, databases or backup services (“Consumable Services”) can only be paid by credit card. All set-up fees, regardless of the type of service, must be paid in advance. Payment for any other fees applicable to a Consumable Service (including any base fees or any variable fee based on consumption) shall be automatically charged to the credit card You have on file with us at the end of the monthly billing cycle in which the fees were incurred. Payment of the recurring charges for services other than Consumable Services shall be paid in advance for the term of the Billing Cycle You initially selected, but in any event, You must pay at least one month in advance. Billing will continue to occur automatically until You cancel the services pursuant to the procedures set forth below. If shortfalls in payment to Newtek Technology Services of the full invoice amount occur due to bank fees, transfer fees, or the like, or You incur any charges for services not included in your Billing Cycle recurring payment, Newtek Technology Services will invoice You for the shortfall or additional charges on the next Monthly Billing Date (defined below), whether or not You are on a monthly Billing Cycle, subsequent to the date(s) in which such shortfalls occurred or such additional charges were incurred. Newtek Technology Services, at its sole discretion, may discontinue, withhold, suspend or terminate services to You for failure to pay any bills/invoices within the timelines set forth below: (i) with respect to billings that occur through the WebControlCenter, if payment in full for any fees for any non-Consumable Services are not received by Newtek Technology Services within thirty (30) days after the date on which such fees were billed, or within fourteen (14) days after the date on which such fees were billed with respect to Consumables Services; (ii) with respect to billings that occur through the Web Services Manager, if payment in full for any fees for any services are not received by Newtek Technology Services within twenty-eight (28) days after the date on which such fees were billed. A “Term Agreement” means any product or service plan or agreement with Newtek Technology Services (whether manually signed or agreed to on-line, including via click-thru) pursuant to which you committed to procure products and services governed by these Terms of Service for a specified period of time greater than six (6) months. Unless otherwise provided in the Term Agreement or otherwise agreed to by Newtek Technology Services in writing, all payments under a Term Agreement shall be made by ACH (or credit card, if permitted in writing by Newtek Technology Services). Notwithstanding anything herein to the contrary, Recurring payments under a shall be paid in accordance with the schedule set forth therein (if no schedule is set forth therein, then the monthly recurring payments shall be due and payable one month in advance on the Monthly Billing Date (defined below) and all non-recurring payments (including those for Consumable Services shall be automatically charged to the credit card You have on file with us at the end of the monthly Billing Cycle in which the fees were incurred). Notice of Customer Cancellation: Cancellations of service must be made via telephone (Toll-Free at 877.323.4678, International at 602.263.0300, and select the Billing and Account Management extension) or via chat, and will not be made without first verifying Your correct Customer/User ID (provided by Newtek Technology Services) and account PIN (created by You); provided, however, that Newtek Technology Services, may, under certain circumstances and in its sole and absolute discretion, permit alternative forms of account verification if You are unable to produce the correct Customer/User ID and related PIN). Effect of Customer Cancellation: All information placed by You on the Newtek Technology Services’ server space that was allocated to You or is stored thereon as a result of you using Newtek Technology Services’ services and/or products, including, but not limited to website, e-mail and database file information (“Your Site Information”) will be deleted immediately upon your cancellation. Therefore, should You require a copy of Your Site Information, You should take steps necessary to retrieve that information prior to cancellation of services. Should You fail to retrieve such information, and should You require a copy of said information after the date of cancellation Newtek Technology Services may be able to retrieve some or all of Your Information from back-up files for an additional fee (to be determined at the time of request but could include data restoration and custom support fees). However, Newtek Technology Services does not guarantee that it will be able to provide You Your Site Information after the date of cancellation. Customer Cancellation on or before 30 days of Activation: Newtek Technology Services provides an unconditional 30-day money back guarantee for its web hosting service except for those governed by a Term Agreement. To receive a refund under the 30- day money back guarantee, you must call Newtek Technology Services Billing and Account Management Department within 30 calendar days following the activation date of service, and request a cancellation of service. The guarantee only applies to the actual hosting fees charged for the hosting service provided during the initial 30-day period, and does not apply to any other fees or charges associated with the web hosting services, such as, but not limited to, set-up fees, domain name registration fees, support fees and SSL certificate charges, which are not refundable for any reason and are excluded from this guarantee. This guarantee does not apply to any other services or products offered by Newtek Technology Services. Customer Cancellation after 30 days of Activation:If You cancel any services not covered under a Term Agreement after thirty (30) days of activation, Your cancellation will take effect immediately and You will be charged a cancellation fee equal to the amount of any remaining whole months of services for which You have prepaid (it being understood that there are no refunds for the balance of the month in which You cancel the services). You are obligated to pay all payments due under a Term Agreement for the entire term of the agreement regardless of whether you cancel the products and services covered thereby prior to the expiration of the term. In the event you do cancel the Term Agreement or the products or services covered thereby prior to the expiration of the term of the Term Agreement, all future payments due thereunder shall be accelerated and become due within fifteen (15) days of the date on which the Term Agreement or products and services covered thereby were canceled. Upon any cancellation, Your domain name will remain registered for the remainder of the then-current term (including to the end of the term covered by a Term Agreement), but will cease working with your email and pointing to your cancelled website. After cancellation, you will no longer have access to your website and any of Your Site Information as such information is deleted by Newtek Technology Services upon cancellation. Newtek Technology Services accepts no liability for such deleted information or content. Payment Disputes: You have ninety (90) days to dispute any charge or payment processed by Newtek Technology Services. If you have a question concerning a charge you believe is incorrect, please contact the Billing and Account Management Department at firstname.lastname@example.org Billing Cycle: For Term Agreements: The “Billing Cycle” for all Term Agreements, unless otherwise specified therein, shall commence the day the services/plans were initially ordered under the Term Agreement and continue for one month, and each subsequent monthly Billing Cycle shall start on the same day of the respective month as the date on which the services/plans were initially ordered (the “Monthly Billing Date”). Not Pursuant to a Term Agreement: The “Billing Cycle” for all services and products not subject to a Term Agreement shall commence the day the services/plans were initially ordered and continue for one month, and each subsequent Billing Cycle shall start on the same day of the respective month as the date on which the services/plans were initially ordered (the “Monthly Billing Date”). You may elect the length of your Billing Cycle for recurring charges for services other than Consumable Services through the WebControlCenter„¢ page for products or services managed through that site or by contacting the Billing and Account Management Department if you would like to elect a different Billing Cycle for services or products managed within the Web Services Manager; however, any charges in addition to the recurring charges shall be invoiced on the next Monthly Billing Date immediately following the date(s) on which such additional charges were incurred. The Monthly Billing Date for any Plan or service can only be changed upon special request, and the granting or denial of any such request will be at Newtek Technology Services’ sole discretion. Notwithstanding anything herein to the contrary Newtek Technology Services may make minor adjustments to any Billing Cycle at its discretion and convenience, including without limitation, for legal or accounting purposes. Billing and Payment Information: You are responsible for providing Newtek Technology Services with the proper and correct billing and payment information. In addition, You are responsible for keeping all contact information, especially email addresses, up to date and current. Newtek Technology Services conducts all communication with You via email, including support, billing and network administration communication. You agree to accept all communications from Newtek Technology Services via email, including support, billing and network administration communication. Therefore, a current and active email address for all pertinent parties is absolutely essential. Any and all fees incurred due to incorrect billing and/or payment information are Your sole responsibility. You have access to any and all information on file, and therefore have every opportunity to keep this information current, via the Newtek Technology Services WebControlCenter„¢ (https://www.webcontrolcenter.com/customer.aspx) or Web Services Manager (https://manage.newtekwebhosting.com). Upgrades and Downgrades: Upgrades and Downgrades to services provided to You and managed through the WebControlCenter„¢ must be submitted by You in writing via the WebControlCenter„¢. Upgrades and Downgrades to services provided to You and managed through the Web Services Manager must be submitted by You within the Web Services Manager at https://manage.newtekwebhosting.com. Upgrades are charged a setup fee of the difference between the setup fees of the two plans (the old plan and the upgraded plan), and a prorated fee for the difference in plan prices for any time that was paid for in advance. Downgrades receive a prorated credit for any whole months paid for in advance, but no credit is given for any initial setup fees. You are responsible for, and must be aware of, what will be gained and/or what will be lost in changing plans. Newtek Technology Services is not responsible for lost files, data and/or information due to changes in plans. Termination/ Cancellation: Site Information will be deleted from our servers 14 days after the date this Agreement is terminated/cancelled (except for sites that are ordered using an unauthorized payment method or ordered under false pretenses, which are deleted 5 days after being shut off). If a site has been deleted, and You desire to reactivate a deleted site, You will need to order a new plan and You will be held responsible for ensuring You have adequate backups/copies of Your site. If You require a copy of backups/copies of Your site after the date of cancellation, it is possible that Newtek Technology Services can provide the information to You for an additional fee (to be determined at the time of request but could include data restoration and custom support fees). However, Newtek Technology Services does not guarantee that it will be able to provide the information to You after the date of cancellation. Newtek Technology Services is not responsible for Your failure to use the services/plans offered by Newtek Technology Services. You have the right to cancel the services/plans that You have purchased at any time, subject to any limitations and fees set forth herein and in any Term Agreement. Therefore, non-use of the services/plans offered DOES NOT constitute a cancellation of said services/plans. Additional Fees: You agree that use of the Services hereunder will not exceed any usage limits/allocations set forth under Your particular Plan details. If You do exceed any of the specified usage limits/allocations, Newtek Technology Services may, at its sole discretion, assess You with additional charges (where those additional charges for Shared Hosting are listed under Additional Features on the Shared hosting pages of the Newtek Technology Services website “ additional charges for Dedicated Hosting are listed under the “Server Options” heading on each dedicated hosting plans page and additional charges for Cloud Hosting are listed under the Options headings on the Cloud VPS hosting plan page), suspend the performance of the Service or terminate this Agreement. In the event that Newtek Technology Services elects to take any corrective action, You may not be entitled to a refund of any unused pre-paid fees. A late fee of 10% of the invoice total will be added to invoices within the Web Service Manager that remain unpaid twenty eight (28) days past the date of the invoice. In the event your account is suspended as a result of a failure to timely pay an invoice (which can occur on or after the twenty-ninth (29th) day following the date of an invoice), Newtek Technology Services may, at its sole and absolute discretion, unsuspend your account after it receives payment in full of all amounts outstanding under the account , including without limitation any and all late fees. If Newtek Technology Services collects any payment due at law or through an attorney at law or under advice from a collection agency, or if Newtek Technology Services prevails in any action to which You and Newtek Technology Services are parties, You will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Newtek Technology Services reasonable attorney and collect agency fees. Payment by Check, Money Order (Not available for all services, including Cloud Services):Prior to activation of Your user account, You agree to submit a check or Money Order payable in U.S. dollars against a bank located within the United States. Newtek Technology Services is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by Newtek Technology Services. Invoices will be submitted to the email address on file for You as a courtesy only and You agree to receive such invoices via email. Payment for subsequent fees is due thirty (30) days from date of invoice for services managed and billed through WebControlCenter„¢ or fifteen (15) days from date of invoice for services managed and billed through the Web Services Manager. It is Your responsibility when paying by check to make sure that Your payment is received by Newtek Technology Services. An administrative fee of $25.00 will be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole discretion of Newtek Technology Services. Payment by Credit Card: If You elected to pay for the services via credit card, You hereby authorize Newtek Technology Services to charge the credit card it has on file with respect to Your account for all amounts You owe to Newtek Technology Services for services governed by these Terms of Service as such amounts become due and payable, including, but not limited to, any recurring monthly charges, one-time renewal fees, set-up charges, plan fees, restore or back up fees, and any additional fees that result from You exceeding any of the specified usage limits/allocations. Recurring fees are due and payable at the start of each Billing Cycle you elected, but in any event at least monthly. A monthly invoice will be made available in your WebControlCenter„¢ or Web Service Manager page at the end of each monthly Billing Cycle. We will charge Your credit card automatically for the amount of any amounts due under any invoice on the date of the invoice. Should You attempt a chargeback for services knowingly purchased from Newtek Technology Services, Newtek Technology Services shall immediately shut off services to You and will pursue full legal recourse against You to recoup any and all losses. If a chargeback occurs as a result of an error by You, a $20 fee will be assessed on top of the full chargeback amount. Newtek Technology Services, at its sole discretion, can refuse to accept further payments of the credit card in the event it experiences any chargeback dispute with respect to the credit card or the customer’s Newtek Technology Services account in general.
Web Hosting ServicesFor the term of the Agreement as set forth herein Newtek Technology Services agrees to provide Web Hosting Services according the plan selected. Newtek Technology Services reserves the right to change, amend and/or otherwise alter the services provided with equivalent services without prior notice to You. The specifics of any particular offer are contained within the offer itself as published on the Newtek Technology Services website at the time the payment for new services are received by Newtek Technology Services. The specifics of all current offers are located within the Newtek Technology Services Website located at webservices.thesba.com. Web Hosting Services shall be defined, in a general form, as server space and data transfer allowances for the purposes of displaying a business or personal website. Newtek Real-Time Stats (“Real-Time Stats”): You authorize Newtek Technology Services to provide real time web statistics to you through the use of an app available for mobile and/or pc devices to monitor your website traffic. This service is made available by the following: (a) Per- installed on all Ecommerce & Small Business Solution plans; (a.1) if the pre-installed script, plug-in or injection is damaged by you, you can opt to have the service repaired by Newtek Technology Service, at its sole discretion, for a fee; (b) You opt-in to have the current website automatically injected server- side with the java script code. Newtek Technology Service can run the automated injection at no cost to client; (c) You may obtain the java script code from Newtek Technology Service and add it to the website as desired in order to obtain access to Real-Time Stats website traffic; (d) You can request to have Newtek Technology Service install the code on your behalf for a fee. Newtek Technology Service cannot guarantee the results or be held liable for any corruption (downtime) to the website and/or accuracy of the stats due to making the Real-Time Stats website traffic service available for Your use. For Dedicated Customers: You have the ability to install custom software on the server You lease from Newtek Technology Services as long as You have the proper licensing in place for the use of said software. In most cases, Newtek Technology Services will request proof of ownership and licensing of said software prior to approving the software for installation. Should You send Newtek Technology Services original copies of licensing and/or software in any form (paper, compact disc, etc.), Newtek Technology Services shall not be held responsible for the storage and/or safekeeping of the licensing and/or software. Should You send to Newtek Technology Services media required for the installation of software, in any form, You are responsible for paying for any and all postage and/or shipping fees associated with the shipment and return of said media, including any insurance costs required to limit liability for damage during shipment. In addition, should you send any hardware device or external media that will be used to install or copy information, applications, or files to your dedicated server, Newtek Technology Services reserves the right to review such hardware device or external media and the contents therein prior to addition to its network. Additionally, any attached device or external media is a temporary solution and will be removed within seven calendar days of being attached and shipped back to You at Your cost. Furthermore, once Newtek Technology Services has shipped any hardware device or external media to You that includes a copy of any requested data, You must verify within seven (7) calendar days that the said data is 1) complete and includes the exact data you requested, 2) the data is accessible from the hardware device or external media, and 3) that You are able to successfully recover the data from the hardware device or external media. After seven (7) calendar days from the time your received the returned hardware device or external media from Newtek Technology Services, Newtek Technology Services makes no guarantees that the aforementioned data can be copied or reshipped to You again at a later date. Newtek Technology Services further reserves the right to refuse any course of action requested by a customer that Newtek Technology Services feels would compromise its network, infrastructure, or company as a whole. For Resellers Only: The following provisions apply only to persons or entities that resell the Newtek Technology Services products and/or services (Resellers) governed by this Agreement to persons or entities who use such products and who may or may not be listed anywhere on the account or domain registration (the End User). If the account attributed to a Reseller™s customer is deemed abandoned Newtek Technology Services may under the following circumstances deal directly with the End User. Newtek Technology Services will deem an End-User™s account abandoned if:
- Reseller has breached the terms of this Agreement with respect to the End-User account, including failure to make timely payments on the account, so that Newtek Technology Services would have the right to terminate the account, or Reseller fails to adequately service the account on behalf of the End User in Newtek Technology™s reasonable discretion (each, a Reseller Failure);
- there has been no customer administrative activity on the End-User account for a period of at least two (2) consecutive months;
- Newtek Technology Services has provided written or electronic notice to the Reseller at the most recent contact information associated with the End-User account in the WebControlCenter„¢ or Web Services Manager, (a) informing the Reseller that the account has had no such activity for the foregoing period of time and (b) reasonably describing the Reseller Failure(s) (the Abandon Notice); and
- Reseller fails to cure the Reseller Failure(s), and to provide Newtek Technology Service written or electronic notification that the End-User Account is not abandoned, within ten (10) days of the date of the Abandon Notice.
Domain Registration and Other ServicesAt Your request, Newtek Technology Services may also acquire a Second-Level Domain Name (“Domain Name”), on Your behalf. Newtek Technology Services will not own or otherwise control any domain name registered on Your behalf under this paragraph. Newtek Technology Services provides this service as a convenience to You only and You hereby waive any and all claims which You may have, or which may later arise, against Newtek Technology Services for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Newtek Technology Services shall charge any costs incurred by Newtek Technology Services to obtain and/or maintain the Domain Name on Your behalf to You. Domain Registration through Newtek Technology Services: You are responsible for checking on the availability of any domain name associated with any of the services offered by Newtek Technology Services. You are also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by Newtek Technology Services. Newtek Technology Services is not responsible for domain name availability. If a Plan is built by Newtek Technology Services using an unavailable or incorrect domain name, You will be charged a $20.00 fee for any resulting corrections made by Newtek Technology Services. Newtek Technology Services does not, in any way, alter any domain information when building sites for You. Domain information is entered solely by you, and is, therefore, your sole responsibility. Domain Changes: If a Plan is ordered using an incorrect domain name, You will be invoiced for any and all fees incurred by Newtek Technology Services in the proper registration/correction/completion of Your order. These fees may include, but are not limited to, any administrative costs, domain registration costs and costs incurred in the correction of domain registration information charged by the domain Registrar. You shall indemnify and hold harmless Newtek Technology Services and Melbourne IT (d.b.a. Internet Names Worldwide), and its directors, officers, employees, representatives and agents from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to Your .US domain name registration and use of any .US registered domain name. You certify that You meet the requirements to qualify to register to use a .US domain name as found on the Neustar website (Neustar oversees the .US Top Level Domain) located at http://www.neustar.us/policies/. You further certify that both Newtek Technology Services and Internet Names Worldwide have requested specific information regarding how You meet the requirements listed above and that You have willingly volunteered such information. You understand and agree that such information will be verified and will be shared with the .US Registry. You further understand and agree that if such information cannot be verified, or if You fail to abide by the requirements listed above, the registered domain name shall be subject to immediate cancellation. Upon requesting the Newtek Technology Services Private Registration Service You agree to be bound by the terms of the Newtek Technology Services Private Registration Policy which may be found on the Melbourne IT/INWW Website located at http://www.melbourneit.com. The terms of Private Registration Policy are incorporated into this Agreement as though they were fully set forth at length herein. However, Newtek Technology Services does NOT guarantee that the Terms and Conditions it provides is as current or up-to-date as the one provided on the INWW website as said Terms and Conditions are subject to change. You agree to maintain Your registration information in full compliance with this Agreement and the terms of the Private Registration Policy. Failure to so comply is cause for immediate suspension and/or termination. You agree to maintain current all Whois information for Your domain name. Newtek Technology Services will notify You when the domain registered through Newtek Technology Services is due to expire. Newtek Technology Services does not renew domain names automatically. You must request a renewal to renew any and all domain names. You are solely responsible for knowing the expiration dates required for renewal. Attempting to renew domain names after the expiration date are not guaranteed, and attempting to renew domain names after the expiration date may result in additional fees, whether or not such attempts to recover domain names from redemption are successful. Please note that registration, renewal, and private registration fees are not refundable.
Acceptable UseNewtek Technology Services strictly enforces compliance with its acceptable use policy. You agree to maintain Your website in full compliance with the terms set forth below. Failure to comply is cause for immediate suspension and/or termination of Your account at the sole discretion of Newtek Technology Services. Newtek Technology Services uses a third party to run security and vulnerability audits of their network. These audits include, but are not limited to, port scans, server configuration audits and other security and vulnerability checks that help ensure that the network Newtek Technology Services manages is as secure as possible. At times, current or potential Newtek Technology Services customers request to have their own audits run on the Newtek Technology Services™ network. Newtek Technology Services prohibits You as well as third parties from running any type of security audit or check of the Newtek Technology Services network, apart from those audits or checks that are initiated by Newtek Technology Services or that have prior written approval from Newtek Technology Services. Unauthorized scans or checks of the Newtek Technology Services network will be treated as an attack against the Newtek Technology Services network and will be dealt with accordingly, including, but not limited to, immediate account termination and/or any legal recourse available. You shall agree to the following:
- You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- You agree not to post any of the following types of content on Your website, nor use Your account in furtherance of any of the following: pornographic, obscene or excessively profane content, gambling, illegal drugs or illegal drug use.
- You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
- You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
- You agree not use Your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non- Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
- False or Misleading Header Information
- Deceptive Subject Lines
- Failure to provide an opt-out method
- Failure to identity the message as an advertisement
- Failure to include a physical Postal Address
- You agree not to use Your account to encourage, facilitate, promote and/or include hate speech, racially offensive, ethnically offensive to groups of various sexual orientations and/or any other content or activity deemed inappropriate by Newtek Technology Services, at its sole discretion, for any reason whatsoever.
- You agree not to make or attempt any unauthorized access to any Newtek Technology Services website or the website of any Newtek Technology Services customer.
- You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that You have with Newtek Technology Services and for three years thereafter.
- You agree not to undertake any action which is harmful or potentially harmful to the Newtek Technology Services server structure.
- You agree that the Newtek Technology Services servers including the space occupied by Your account is and remains the property of Newtek Technology Services. Further, Newtek Technology Services does not claim ownership of files placed on the servers by You or within the space occupied by Your account when You use the services provided by Newtek Technology Services. Your limited licenses to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of Newtek Technology Services . You may not make Your account (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means.
- You agree not to utilize circular popups, multiple popups or any redirect, link or referral which creates an offensive or unpleasant user experience.
- You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of Newtek Technology Services (b) any reseller of Newtek Technology Services (c) any other person or (d) any employee or contractor of Newtek Technology Services.
- You agree at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark including but not limited to the Digital Millennium Copyright Act (DMCA).
- You agree that Newtek Technology Services will make the sole determination whether this policy has been violated. Newtek Technology Services may amend this policy at any time without notice to You by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be Your obligation to check this page regularly for updates to this policy.
- You agree to maintain Your website in full compliance with the terms of the acceptable use policy. Newtek Technology Services reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever.
- For Dedicated Customers: You may not utilize, enable, upload or publicly store source code, executable code or programs on the Newtek Technology Services network or servers that are designed to perform the following activities including, without limitation: (a) performing local/remote security vulnerability scans, (b) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (c) circumventing firewall restrictions, (d) connecting to any IRC/Peer to Peer file sharing server/network, (e) providing tracker services to BitTorrent clients, (f) running any kind of proxy server (including anonymous proxies), and/or (g) exploiting any other vulnerabilities, as determined by Newtek Technology Services in its sole discretion.
LicenseNewtek Technology Services, subject to the terms and conditions set forth herein, hereby grants You a non- exclusive, limited, personal, license to use the Newtek Technology Services Service for the term of the agreement as set forth herein. Your rights under this Agreement may be assigned only upon prior notice and express written approval by Newtek Technology Services. Any other assignment is null and void.
Ownership of Intellectual PropertyNewtek Technology Services owns all rights, titles and interests in Newtek Technology Services intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This Agreement does not constitute a license to You to use Newtek Technology Services trade names or service marks. Your use of any intellectual property rights and/or Proprietary Information mentioned in this Agreement or otherwise owned or licensed by Newtek Technology Services is limited to Your use in connection with the Newtek Technology Services Web Site, Hosting Services, Support Services and/or any Newtek Technology Services software, service, or product made available to You.
Confidential InformationThe parties acknowledge that each may disclose certain oral or written information in performing their respective obligations under this Agreement, which may be deemed to be the confidential and proprietary information of such party. As used herein, the term “Proprietary Information” includes any and all of the following information of Newtek Technology Services and You that has been or may hereafter be disclosed in any form, whether in writing, orally, electronically or otherwise, or otherwise made available by observation, inspection or otherwise by either party or its representatives (collectively, a “Disclosing Party”) to the other party or its representatives (collectively, a “Receiving Party”): All information that is a trade secret under applicable trade secret or other law; All information concerning product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and planned manufacturing or distribution methods and processes, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer hardware, software and computer software and database technologies, systems, structures and architectures; All information concerning the business and affairs of the Disclosing Party (which includes historical and current financial statements, financial projections and budgets, tax returns and accountants™ materials, historical, current and projected sales, capital spending budgets and plans, business plans, strategic plans, marketing and advertising plans, publications, client and customer lists and files, contracts, the names and backgrounds of key personnel and personnel training techniques and materials, however documented), and all information obtained from review of the Disclosing Party™s documents or property or discussions with the Disclosing Party regardless of the form of the communication; and Notes, analyses, compilations, studies, summaries and other material prepared by the Receiving Party to the extent containing or based, in whole or in part, upon any information included in the foregoing. The parties agree that they will: (a) hold in confidence and refrain from disclosing to any other person all Proprietary Information, whether written or oral, tangible or intangible, (b) take all reasonable precautions necessary to ensure that the Proprietary Information is not shown, copied or disclosed to third parties, without the prior written consent of the Disclosing Party, (c) not, without the prior written consent of the Disclosing Party, release, disclose or permit the release or disclosure by its agents or representatives of any Proprietary Information to anyone, or otherwise use or permit its agents or representatives to use, such Proprietary Information for any purpose at any time, except to the extent permitted herein or as may be ordered by a court of competent jurisdiction, and (d) observe all written security policies implemented by the Disclosing Party from time to time with respect to the Proprietary Information. The parties agree to use the same degree of care as used for their own information of like importance, and in any event to use reasonable care, in safeguarding against disclosure of the Proprietary Information. If either party is ordered to disclose any Proprietary Information, whether in a legal or regulatory proceeding, such party shall provide the disclosing party with prompt notice of such request or order so that the Disclosing Party may seek to prevent such disclosure. In the event of any disclosure, the party so disclosing shall disclose only that portion of the Proprietary Information that it is ordered to disclose pursuant to such legal or regulatory proceeding. Notwithstanding the foregoing, nothing herein shall apply to that part of the Proprietary Information of a Disclosing Party that a Receiving Party demonstrates (a) was, is or becomes generally available to the public other than as a result of a breach of this section by the Receiving Party of its representatives; (b) was or is developed by the Receiving Party independently of and without reference to any Proprietary Information of the Disclosing Party; or (c) was, is or becomes available to the Receiving Party on a non-confidential basis from a third party not bound by a confidentiality agreement or any legal, fiduciary or other obligation restricting disclosure.
Disclosure of InformationNewtek Technology Services may disclose information including, but not limited to, information concerning You, a transmission made using our network, or a web site, in order to comply with a valid court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request (compliance documents) properly served on Newtek Technology Services or one of its affiliates. If one of the aforementioned documents and/or requests is issued, Newtek Technology Services and/or its attorneys will review such documents to determine their validity prior to taking any action related thereto. You agree that Newtek Technology Services may charge You a reasonable administrative fee for addressing and responding to any requests and/or any such issues related to You, Your sub-resellers and/or Your customers. Newtek Technology Services assumes no obligation to inform You that Your information has been provided and in some cases Newtek Technology Services may be prohibited by law from giving such notice. Finally, Newtek Technology Services may disclose Your information or information transmitted over its network where necessary to protect Newtek Technology Services and others from harm, or where such disclosure is necessary to the proper operation of the Newtek Technology Services system and/or infrastructure. Newtek Technology Services provides reassignment information to the American Registry of Internet Names (“ARIN”) on all IP addresses assigned to dedicated servers (commonly known as “SWIPing” IPs, where SWIP stands for ARIN™s Shared WHOIS Project). What this means is that Your ownership information, NOT Newtek Technology Services, shows up on WHOIS queries against any IP address assigned to Your dedicated server. The information shared with ARIN includes: Cust-name: Street-address-1: Street-address-2: City: State: Postal-code: Country-code: For more information on reporting reassignment information, including why this is required, please visit ARIN’s website (https://www.arin.net/resources/request/reassignments.html).
- Federal Express “ Cost as Billed
TermThe initial term of this Agreement shall be the period selected by You at the commencement of Your account or as set forth in the Term Agreement, if applicable. Term Agreements shall automatically renew at the end of each then-current term for additional one year terms at the same price and on the same payment terms as set forth for the initial term of the Term Agreement (except that if the term was for an initial term longer than one year, the price shall be pro-rated to a one year rate). Other Periodic accounts (monthly, annual, biannual) are automatically renewed and the payment frequency is established according to the payment method listed on the account (monthly for credit card, quarterly for check). You can change the frequency of subsequent billing periods at any time. Additional options/overages are billed monthly.
Suspension and TerminationSuspension: At the sole option of Newtek Technology Services for any reason set forth herein or in the event that You breach any term of this Agreement including but not limited to The Payment of Fees or any violation of the Newtek Technology Services Acceptable Use Policy, Newtek Technology Services may suspend Your account by deactivating any access by You and/or by web users to any information contained on the Newtek Technology Services servers related to Your account while maintaining the information and data related to Your account upon the Newtek Technology Services servers. Suspension shall specifically include the disabling of Your hosted domain and/or any access to information or data related to Your account. Newtek Technology Services may, at its sole discretion, provide You with notification of such suspension. At Newtek Technology Services sole discretion, Newtek Technology Services may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension. Should any account require suspension, Newtek Technology Services will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney™s fees or other costs of any kind as may be applicable under New York State Law. Termination: This agreement and all of its terms shall remain in full force and effect until it is terminated/cancelled. Upon termination/cancellation, Newtek Technology Services will cut off your site and delete Your Information. Such information or data may or may not be made available to You by Newtek Technology after any such termination/cancellation. Termination/cancellation of Your account is within the sole discretion of Newtek Technology Services and Your account may be immediately terminated/cancelled in accordance with the principles of this Agreement, at any time with immediate effect. Newtek Technology Services may, at its sole discretion, limit or deny access to its servers, for any reason, including the blocking of certain ports and/or the denial of certain services, if, in the judgment of Newtek Technology Services, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Newtek Technology Services servers. If Newtek Technology Services terminates your account pursuant to the terms of this Agreement, the termination will take effect immediately and You will be charged a termination fee equal to the amount of any remaining whole months of services for which You have prepaid (it being understood that there are no refunds for the balance of the month in which the account is terminated). Your domain name will remain registered for the remainder of the then-current term, but will cease working with your email and pointing to your cancelled website. After termination, you will no longer have access to your website and any of Your Site Information as such information is deleted by Newtek Technology Services upon cancellation. Newtek Technology Services accepts no liability for such deleted information or content. Should any account require termination Newtek Technology Services will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney™s fees or other costs of any kind as may be applicable under New York State Law.
Information Usage and CommunicationsYou hereby consent and agree that any information Newtek Technology Services may collect from You and/or maintain with respect to You, including but not limited to Your account information, dates of service, billing Newtek Technology Services, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Newtek Technology Services concerning You or Your account, or other information which in Newtek Technology Services sole judgment is reasonable, Newtek Technology Services may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Newtek Technology Services and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act. During and after the term of this Agreement You agree to receive periodic emails from Newtek Technology Services in regards to Newtek Technology Services or partner products, services, Your account, and system conditions, changes, updates or and schedules. You agree to provide, and at all times during the term of this Agreement maintain, true and accurate account information on file with Newtek Technology Services specifically including Your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this Agreement and subjects Your account to suspension and/or termination. You have access to general account information via the WebControlCenter„¢ (located at https://www.webcontrolcenter.com/customer.aspx) and must keep this information current. While Newtek Technology Services provides backup services (with the exception of IIS .log files) and makes every effort to provide previous copies of Your files (for a specified dollar amount as specified on the Newtek Technology Services web site), to You, it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations. Restoration of data from the backups Newtek Technology Services provides are done during normal business hours and based on the average ticket time for all support requests. Restore requests are handled via the WebControlCenter„¢ Newtek Technology Services makes available for use by You. During off hours, every attempt is made to restore data as quickly as possible. However, off hours are used to run the backups of all server data on the Newtek Technology Services network. Therefore, while Newtek Technology Services is backing up server data, the ability to restore data at the same time that backups are running is limited and will generally take considerably longer than requests made during normal business hours. For Dedicated customers only: Newtek Technology Services installs its WebControlCenter„¢ Service on any dedicated server that is released to You. This service submits internal communication with the Newtek Technology Services WebControlCenter„¢; Server through incoming port 743 and outgoing port 52155. As all communication is internal to the Newtek Technology Services network, any bandwidth utilization by the service does not count against the bandwidth allocation given for any particular dedicated server. You are subject to termination if this service is disabled or uninstalled as it may significantly reduce the performance of the server and Newtek Technology Services ability to provide reliable service and monitor the server and the network for malicious activity. In addition, should You utilize any firewall solution (regardless of whether it is the solution offered by Newtek Technology Services or any similar service or application), it is up to You to ensure that the ports used by the WebControlCenter„¢ Service are left open and perform uninterrupted communication back to the Control Center server.
NoticeAny notice under this Agreement shall be given by Newtek Technology Services to You via email at the address provided by You to Newtek Technology Services at the commencement of this Agreement or as Newtek Technology Services is subsequently advised. Notice to You at this address is deemed sufficient regardless of Your receipt of such email. Any notice by You to Newtek Technology Services shall be made in writing and sent via United States Mail to the following Address: Newtek Technology Services 212 West 35th Street, 2nd Floor New York, NY 10001 USA
Infringement PolicyNewtek Technology Services, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right to terminate Your account if Newtek Technology Services determines, in its sole discretion, that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
Digital Millennium Copyright Act ComplianceIt is Newtek Technology Services policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof, and you believe that any content hosted by Newtek Technology Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) as set forth below. (1) Written Notification Policy for Claimed Infringement Pursuant to 17 U.S.C. Section 512(c), Newtek Technology Services has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Newtek Technology Services in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: Newtek Technology Services ATTN: Copyright Agent 212 West 35th Street, 2nd Floor New York, NY 10001 USA By e-mail: email@example.com Additionally, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
- Remove or disable access to the infringing material(s) immediately or within a reasonable time frame.
- Take reasonable steps to contact You and inform You that the material(s) in question has been removed or disabled.
- A physical or electronic signature by the person countering the claim.
- Identification of the material(s) that have been removed or to which access has been disabled and the location at which the material(s) appeared before it was removed or access to it was disabled.
- A statement, under penalty of perjury, that states the person countering the claim has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The name, address and telephone number of the person countering the claim, and a statement that They consent to the jurisdiction of Federal District Court in which this address is located. If the address of the person countering the claim is outside of the United States, that person shall consent to the judicial district of Newtek Technology Services™ principal place of business, and that person will accept service of process from the Complainant who provided the original notification or an agent of such person.
- Provide the Complainant with a copy of the counter notification.
- Inform the Complainant that Newtek Technology Services will replace the removed material or cease disabling access to it in 10 business days.
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Newtek Technology Services™ designated agent receives notice from Complainant that an action has been filed, seeking a court order to restrain the complainee from engaging in infringing activity relating to the material referenced in the original notification.