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Terms and Conditions

Last updated: December 26, 2024

1. Introduction

Welcome to Newads ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website located at newadsorigialsllc.com (the "Service") operated by Newads Originals LLC.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Definitions

  • "Company" refers to Newads Originals LLC.
  • "Service" refers to the website and all services offered by Newads.
  • "You" refers to the individual accessing or using the Service.
  • "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available via the Service.

3. Service Description

Newads provides web hosting, web development, app development, and LAMP stack solutions for small and medium-sized businesses. Our services include:

  • Web hosting services (Tiers 1-5: $9.99-$999.99/year)
  • Web development services ($40/hour)
  • App development services ($75/hour)
  • Custom LAMP stack solutions
  • Complete package solutions for web and app projects

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Newads and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Any code, designs, or materials created specifically for you as part of our services will be transferred to your ownership upon full payment, unless otherwise agreed in writing.

5. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized access to or use of your account.

6. Payment Terms

6.1 Pricing

All prices are in USD and are subject to change with 30 days notice. Current pricing is as listed on our website.

6.2 Payment Methods

We accept payment via major credit cards, bank transfers, and other methods as specified during checkout.

6.3 Billing

  • Hosting services are billed annually in advance
  • Development services require a 50% deposit upfront, with the balance due upon completion
  • Custom projects may have different payment terms as specified in the project agreement

6.4 Late Payments

Late payments may result in service suspension. A late fee of 1.5% per month may be applied to overdue balances.

7. Service Level Agreement

7.1 Web Hosting Uptime

We guarantee 99.9% uptime for all hosting services, calculated monthly. This excludes scheduled maintenance, which will be announced in advance.

7.2 Support Response Times

  • Critical issues: 2 hours
  • High priority: 8 hours
  • Normal priority: 24 hours
  • Low priority: 48 hours

8. Acceptable Use Policy

You agree not to use our services to:

  • Violate any laws or regulations
  • Infringe upon intellectual property rights
  • Transmit malware, viruses, or malicious code
  • Engage in spamming or phishing
  • Host illegal content
  • Attempt to gain unauthorized access to any systems
  • Use excessive resources that impact other customers

9. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

10. Warranties and Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWADS 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.

We do not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

11. Limitation of Liability

IN NO EVENT SHALL NEWADS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims under these Terms shall not exceed the amount paid by you to Newads in the 12 months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Newads and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

14. Refund Policy

  • Hosting services: Pro-rated refund for unused months if cancelled within 30 days
  • Development services: No refunds once work has commenced
  • Custom projects: As specified in the project agreement

15. Modifications to Service and Terms

We reserve the right to modify or discontinue the Service at any time without notice. We also reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or by posting a notice on our website.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and the State where Newads is incorporated, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Newads Originals LLC
Email: legal@newadsorigialsllc.com
Website: newadsorigialsllc.com

19. Entire Agreement

These Terms constitute the entire agreement between Newads and you regarding our Service and supersede all prior and contemporaneous written or oral agreements.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

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