New Horizons Design ("The Company") agrees to furnish services to the Subscriber, subject to the following ToS (Terms of Service). Use of New Horizons Design services, including but not limited to web design, web hosting, database, web changes, etc. constitutes acceptance and agreement to New Horizons Design AUP (Acceptable Use Policy) and to these ToS (Terms of Service).

All provisions of this contract are subject to the ToS (Terms of Service) of New Horizons Design and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition New Horizons Design shall have the right to terminate all service set forth in this Agreement.

2. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus any collection fees.

3. Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

4. Support Boundaries: New Horizons Design provides technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: New Horizons Design provides support related to your server or virtual site physical functioning. New Horizons Design does not offer tech support for application specific issues such as CGI programming, html or any other such issue. If you can email, we encourage you to email info@newhorizonsdesign.com for assistance.

5. Website Contracts: The Subscriber acknowledges that The Company is a web design and hosting service.  Once website terms are agreed to, either by contract, invoice, mail, or phone or email notification, it is the responsibility of The Subscriber to provide documents to further the construction of the contracted website.  It is also the responsibility of The Subscriber to provide payment for the contracted website with due diligence.  Once The Subscriber enters into a contracted agreement with The Company, it is the responsibility of The Subscriber to provide current contact information, by phone or email notification, to The Company.  Once a website contract is agreed upon, it is the responsibility of The Subscriber to provide website documents (in the form of paper document, pictures, email suggestions, etc.) in a timely manner.  If no documents are received in a timely manner, The Company reserves the right to nullify the contract.  Once the contract is nullified, no refund of materials, including payments received, is possible.  The Subscriber acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e. by agreeing to a website contract, receiving and paying the invoice) there are no refunds if the service contract is canceled by The Subscriber before the terms of the contract/invoice have been completed.

6. SPAM and Unsolicited Commercial Email (UCE): New Horizons Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of New Horizons Design may not use or permit others to use our network to transact in UCE. Customers of New Horizons Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of New Horizons Design SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, New Horizons Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, New Horizons Design may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, New Horizons Design may, at its sole discretion, restrict, suspend or terminate customer's account. Further, New Horizons Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. New Horizons Design will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $10 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that New Horizons Design personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

IMPORTANT NOTICE:
If your site results in our IP Space being blacklisted, we will immediately terminate your account and send to collection an administrative fee of $500 USD.

7. Network:

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). New Horizons Design will monitor Customer's bandwidth and disk usage. New Horizons Design shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in New Horizons Design’s sole and absolute discretion. If New Horizons Design takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

System and Network Security: Users are prohibited from violating or attempting to violate the security of New Horizons Design Network. Violations of system or network security may result in civil or criminal liability including a minimum of $200 in fines. New Horizons Design will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

5. Taking any action in order to obtain services to which such User is not entitled.

8. Notification of Violation:

New Horizons Design is under no duty to look at each customer's or user's activities to determine if a violation of the AUP{ has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

	First violation: Any User, which New Horizons Design determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at New Horizons Design discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
	Second Violation: Users that New Horizons Design determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
	We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

9. Suspension of Service or Cancellation: New Horizons Design reserves the right to suspend network access to any customer if in the judgment of New Horizons Design network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which New Horizons Design chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

10. New Horizons Design reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of New Horizons Design must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

11. Indemnification: New Horizons Design wishes to emphasize that in agreeing to New Horizons Design Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies New Horizons Design for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to New Horizons Design or the bringing of any claim against New Horizons Design by any third-party. This means that if New Horizons Design is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against New Horizons Design, plus all costs and attorney's fees.

12. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

	A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
	Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
	New Horizons Design takes no responsibility for any material input by others and not posted to New Horizons Design Network by New Horizons Design. New Horizons Design is not responsible for the content of any other websites linked to New Horizons Design Network; links are provided as Internet navigation tools only. New Horizons Design disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
	New Horizons Design is not responsible for any damages your business may suffer. New Horizons Design does not make implied or written warranties for any of our services. New Horizons Design denies any warranty or merchantability for a specific purpose. This includes server downtime, accounting errors, loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by New Horizons Design.

13. Abuse towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or we may decide to delete it and offer no refund.
 

Terms of Use of the Website

1. By entering a New Horizons Design web site, you acknowledge and agree to the following terms and conditions. If you do not agree with these terms, please leave now.

2. New Horizons Design is the copyright owner of this web site. No portion of this site (including but not limited to: text, code, images, audio or video) may be used for any purpose or in any manner without New Horizons Design prior express written permission. The only exception is for the Private User License outlined below. Contents of this site are either the property of New Horizons Design or are used with the copyright holder's permission. Changing or using the material on this site for any purpose other than your private, non-commercial use is a violation of New Horizons Design's legal rights. Important Notice for Webmasters below. Plagiarism is illegal, not to mention bad karma and we ask you to respect our rights and do the right thing. New Horizons Design will enforce its intellectual property rights if necessary. Visitors to this web site are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

3. Private User License: When you access this web site your web browser makes a copy of this web site on your computer in its memory cache. We consider this a single user license for your personal, non-commercial use only. By using this web site, you indicate your consent and agreement to all terms stated in this notice, including: a) that you will not exploit or reuse this site or any of its contents without New Horizons Design's express written permission; b) you will not display or transmit our content to any other web site; c) you agree to prevent others from doing same on your computer; and d) any website hosted with New Horizons Design must first receive written permission for: changes to the website and/or changing the web hosting of the site.

4. Access to this web site is provided "AS IS" and at your own risk, and without warranty of any kind. New Horizons Design and parties involved in creating, producing, or delivering this site are not liable for any direct or indirect damages of any kind which may arise as a result of accessing this web site. New Horizons Design reviews content of linked sites at the time they are linked, but cannot be responsible for changes to those sites, or sites linking to them. Should you choose to follow links to web sites linked from this site, New Horizons Design is not responsible for any content provided on those or subsequent linked sites.

5. Merchantability: Goods offered for sale on this web site are believed to be as represented and available at the time of purchase. New Horizons Design is not responsible for transactions with third party vendors. New Horizons Design makes every effort to keep content of this site up to date, but makes no warranty or representation to the accuracy, availability, or merchantability of site content.

6. New Horizons Design reserves the right to make changes to this legal information as needed and without notice or obligation to you. We suggest you review this page periodically.

7. Harvesting Email addresses from this web site using any means is a violation and don't be surprised if you, your domain registrar, your ISP, and your CEO hear from us.

Notice to Webmasters

Web Site Work Product is Intellectual Property.
Original Writing and Artwork are protected by copyright law. Plagiarism is illegal, not to mention bad karma, and either we or the Universe will deal with you. Do the right thing and ask for permission. You will find we are reasonable and helpful, if you just ask.

Framing any page on a New Horizons Design website within another site is expressly prohibited. Requests for linking and content use should be directed to Victor Ordonez: info@newhorizonsdesign.com

Copyright Information

All content on this site is ©Copyright 2001-2007, New Horizons Design or used with permission.
New Horizons Design, Sun logo and "Your future is online" are service marks of New Horizons Design
We do reserve the right to edit the terms of service at any time with or without notice.