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 NewLIST shall have the right to terminate all service set forth in this Agreement.
   

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
   

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
   

4. Payments and Fees: Checks and ACH Drafts returned for any reason are subject to a $29.00 returned item charge. Service may be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by NewLIST may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. ACH Drafts are only available to U.S. Customers.
   

5. Refund and Disputes: All payments to NewLIST.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in NewLIST's sole discretion is a valid charge under the provisions of the TOS and / or AUP, you agree to pay NewLIST an "Administrative Fee" of not less than $50 and not more than $150.
   

6. 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 reasonable interest and any collection fees.
   

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
   
   NewLIST Media, Attn: Cancellations 1162 Saint Francis Place, Suite 1, Apopka, FL 32712
   
   Or you may call 902-367-4011 or fax the cancellation request to 509-271-0111.
   
   NewLIST.com's preferred method of cancellation is via the members section of your NewLIST.com account. Please log into the members section at www.NewLIST.com/members and you can request to have your server cancelled there via the online cancellation form.
   
   Once you submit your cancellation an email will be sent to the primarycontact email address we have on file which will contain a link that you must click on to verify that your cancellation request is valid for the service/s specified in the email. The link contained in this email must be verified and clicked on within 48 hours of your request or it will expire. Once you click on the link your cancellation will be processed within 48 hours or less and we will send you a confirmation that your request has been completed.
   
   If you receive the email containing the verification link and do not click on it within 48 hours your request for a cancellation will not be processed and monthly recurring charges will continue to be charged to the credit card information found on file. An e-mail will be sent to the primary contact email address on the account to advise you that your cancellation request has not been processed.
   
   If you fail to click on the link within the 48 hours you may resubmit your cancellation request online via the members section.
   
   **If you do not receive the email we recommend that you contact the customer service department by email, live chat, or phone asap. **
   
   You must have all account information to cancel. Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder.
   
   In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
   

8. 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 NewLIST Media, its providers or assigns be liable for any special or consequential damages, loss or injury.
   

9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by NewLIST.com on behalf of the account holder a handling fee will be incurred.
   

10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to NewLIST.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by NewLIST.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
    

11. Support Boundaries: NewLIST, provides 24 x 7 technical support to our subscribers (except 6:00 PM Friday through 6:00 PM Saturday EST and may include various holidays and short company meetings when we close our center.) We limit our technical support to our areas of expertise. The following is our guidelines when providing support: NewLIST provides support related to your server, virtual server or shared web site physically functioning. NewLIST does not offer tech support for application specific issues such as cgi programming, html or any other such issue. NewLIST does not provide technical support for YOUR customers. If you can email, we encourage you to email NewLIST Support for assistance. If you are able to get online and have other questions, the answers may be on our home page here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
    

12. SPAM and Unsolicited Commercial Email (UCE): NewLIST 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 NewLIST may not use or permit others to use our network to transact in UCE. Customers of NewLIST may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
    

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

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 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 $175 per hour that NewLIST personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
       

    3. As our Customers are ultimately responsible for the actions of their clients over the NewLIST network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    IMPORTANT NOTICE:
    
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    
    
    
13. Network
    
    
    1. IP Address Ownership: If NewLIST assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to NewLIST, and Customer shall have no right to use that Internet Protocol address except as permitted by NewLIST in its sole discretion in connection with the Services, during the term of this Agreement. NewLIST shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by NewLIST, and NewLIST reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
       
       
    2. 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"). NewLIST will monitor Customer's bandwidth and disk usage. NewLIST 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 NewLIST's sole and absolute discretion. If NewLIST 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. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, NewLIST may, at its sole discretion, collect a deposit, in the amount of $0.50 per GB, against customer's credit card on file with NewLIST. Data transfer in excess of each server's monthly allowance is automatically billed on or around the 5th of each month, for the previous calendar month. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
       
       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the NewLIST Network. Violations of system or network security may result in civil or criminal liability. NewLIST 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.
       
       
       
14. Notification of Violation:
    
    
    1. NewLIST 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.
    
    
    
    2. First violation: Any User, which NewLIST 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 NewLIST's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    
    
    
    3. Second Violation: Users that NewLIST 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.
    
    
    
    4. 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.
    
    
    
15. Suspension of Service or Cancellation: NewLIST reserves the right to suspend network access to any customer if in the judgment of the NewLIST 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 NewLIST 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.



16. NewLIST reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of NewLIST 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.



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



18. 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.



1. 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.



2. 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.



3. NewLIST takes no responsibility for any material input by others and not posted to the NewLIST Network by NewLIST. NewLIST is not responsible for the content of any other websites linked to the NewLIST Network; links are provided as Internet navigation tools only. NewLIST 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.



4. NewLIST is not responsible for any damages your business may suffer. NewLIST does not make implied or written warranties for any of our services. NewLIST denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NewLIST.



5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.



19. Responsibility for Content: You, as NewLIST's customer, are solely responsible for the content stored on and served by your NewLIST server.



1. No Illegal / Pornographic / Unsavory Content: NewLIST enforces, and you agree to accept our enforcement of, a No Illegal / Pornorgraphic / Unsavory Content policy. If NewLIST discovers illegal or pornographic or unsavory content on your server or website, NewLIST may suspend services and/or remove such content with or without notice. NewLIST defines illegal or pornographic or unsavory content as any content that it in the sole discretion of its staff and management deems to be as such.



20. Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
    
    Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
    
    NewLIST may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships NewLIST has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by NewLIST and not by the Third Party Vendor. Neither NewLIST nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from NewLIST or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither NewLIST nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and NewLIST with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.



21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

NewLIST intends to provide its customers access to everything the Internet has to offer. While the NewLIST is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the NewLIST and the Internet and cannot be permitted under the guise of free speech. The resources of the NewLIST and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which NewLIST.Net determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a NewLIST account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us within the Abuse Area of this website.

VIOLATIONS OF NewLIST ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

1. Illegal use: NewLIST's services may not be used for illegal purposes, or in support of illegal activities. NewLIST reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
   

2. Harm to minors: Use of the NewLIST service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
   Any server found to host child pornography or linking to the same will be removed from our network immediately without notice. Upon a second violation the server will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.
   Any server found to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domain. Upon a second violation the server will be removed from our network immediately without notice. Subsequent violations can result in the termination of the server without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be underage content will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.
   

3. Threats: Use of the NewLIST service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
   

4. Harassment: Use of the NewLIST service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
   

5. Fraudulent activity: Use of NewLIST service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
   

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
   

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the NewLIST service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending NewLIST account.
   
   IMPORTANT NOTICE:
   
   BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
   

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending NewLIST account.
   

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the NewLIST service is in violation of this AUP.
   

10. Usenet SPAMing: NewLIST has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
    

11. Unauthorized access: Use of the NewLIST service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of NewLIST's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending NewLIST account is subject to immediate termination.
    

12. Copyright or trademark infringement: Use of the NewLIST service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes 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.
    

13. Collection of personal data: Use of the NewLIST service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
    

14. Network disruptions and unfriendly activity: Use of the NewLIST service for any activity which affects the ability of other people or systems to use NewLIST Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. NewLIST will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
    

15. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
    

16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
    

17. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
    

18. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
    

19. Third Party Accountability: NewLIST subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
    

20. Violation Of NewLIST Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
    

21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
    

22. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, NewLIST has the right to take control of the domain or set of domains that was paid for by the disputed charge. NewLIST will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
    

23. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted materialon the NewLIST service is prohibited. Use of suchsoftware could result in suspensionof service.

• Your password provides access to your account. It is your responsibility to keep your password secure.

• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

• Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

• Users who violate systems or network security may incur criminal or civil liability. NewLIST will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

NewLIST accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of NewLIST systems or networks. NewLIST reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF NewLIST AUP

NewLIST requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Area of our website.

• The IP address used to commit the alleged violation

• The date and time of the alleged violation, including the time zone or offset from GMT

• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. NewLIST may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings

• Suspend the Member's newsgroup posting privileges

• Suspend the Member's account

• Terminate the Member's account

• Bill the Member for administrative costs and/or reactivation charges

• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

NewLIST reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.

NewLIST has created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how NewLIST collects information from users of NewLIST services (the “Services”), how we use the information we collect and the choices you have concerning the collection and use of such information. Please read this Privacy Policy carefully.

Collection and Use of Information

Our Members are asked to provide certain information when they sign up for our Services such as name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as billing and collections).

In order to better understand its Members, NewLIST collects consumer data such as ZIP code, demographics and other publicly available information from third-parties. NewLIST uses this data to provide product and service offers. We use data in aggregate to develop products and offers to better serve our Members.

NewLIST collects information from Visitors and Members who use the various parts of our Services. We use this information primarily to provide a customized experience as you use our Services. NewLIST collects consumer information about its Members through surveys or preference pages. In some circumstances, you may request that NewLIST not use your consumer data by using the available form checkboxes to opt-out of our using your data.

NewLIST may share personal information with select affiliates in order to provide NewLIST services to our Members. NewLIST does not share identifying information (like Name and address) with affiliates for their use in delivering product and service offers to Members. Affiliates will not be allowed to use any information provided in serving our customers to be sold, rented, or given to any other company. Affiliates are not allowed to use NewLIST data for any other purpose other than NewLIST approved programs designed to better serve Members.

In instances where NewLIST and an affiliate jointly promote the Services, NewLIST may provide the affiliate certain personal information, as a result of the joint promotion. In this instance, the information may not be used by the affiliate for any other purpose. NewLIST may also generate aggregate profiles from information provided during registration (such as the total number, but not the names, of Members). We may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

We use registration information to contact you in a variety of ways. We may send you offers through email, phone or regular mail of NewLIST products and services or offers on behalf of selected affiliates. If you order products directly from NewLIST, we will use your information to continue to provide you products that you are interested in. You may exercise your options to not receive any marketing from NewLIST by opting-out via a particular form that may be provided by NewLIST. Customers will still receive administrative emails from NewLIST.

NewLIST Affiliates and Sponsors

Some NewLIST products and services are offered to Members in conjunction with a third-party vendor. For example, we may outsource the provision of weather data provided on a personal start page via a third-party vendor. To provide these products and services, the vendor may need to collect and maintain some or all of your personal information. Additionally, many NewLIST Members may have co-branded content made available to them that are cosponsored by non-affiliated partners. NewLIST may share non-identifying and aggregate consumer information with such affiliates in order to more effectively market our co-branded products or services offered to our customers.

Online Shopping

At some web sites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. NewLIST has no control over third-party web sites and their use of any personal information you provide when placing such an order. Please exercise care when doing so.

Online Advertisements

NewLIST may share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with select advertisers. In some instances, we use this information to deliver tailored advertisements. Based upon the information we have collected, we may then display advertisements to specific audiences. NewLIST does not share personal information about its Members with these advertisers.

We may use other third-party advertising companies to serve ads when you visit our web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit: www.networkadvertising.org

Voluntary Surveys

We may periodically conduct both business and individual surveys. We encourage Members to participate in these voluntary surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain confidential, even if the survey is conducted by a third-party.

We take the information we receive from individuals responding to our surveys and combine (or aggregate) it with the responses of other Members to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third-party affiliates.

Special Cases

It is NewLIST’s policy not to use or share the personal information in ways unrelated to the ones described above without also providing an opportunity to opt out or otherwise prohibit such unrelated uses. However, NewLIST may disclose personal information or information regarding use of the Services if, for any reason, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, regulations or other legal requests for such information; to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our Acceptable Use Policy or other policies; to operate the Services properly; or to protect NewLIST, our Services, our employees or our Members.

"Cookies" and How NewLIST Uses Them

A “cookie” is a small data file that can be placed on your hard drive when you visit certain Web sites. NewLIST may use cookies to collect, store, and sometimes track information for statistical purposes to operate and improve the products and services we provide and to manage our network and property. If you have created your own Personal Start Page, we will use a cookie to save your settings and to provide customizable and personalized services. Additionally, be aware that if you visit non-NewLIST web sites where you are prompted to log in or that are customizable, you may be required to accept cookies.

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

NewLIST's Commitment to Children's Privacy

Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and other applicable laws. You must be 18 to use the Services. NewLIST does not attempt to ask or collect information from any person under the age of 18.

NewLIST may have products and web pages designed especially for younger users under the direct supervision of an adult Member. While we make every effort to ensure that these Services are fun and age-appropriate for a younger audience, we believe that there is no substitute for proper parental supervision. For further information about tips, tools, age-appropriate or kid-friendly Web sites and how to report online trouble, please visit www.getnetwise.org.

NewLIST recommends that children ask a parent for permission before sending any personal information anywhere using the Internet.

Public Forums

Any information that you disclose in public areas of our web sites or the Internet may become public information. You should exercise caution when deciding to disclose personal information in these areas.

NewLIST's Commitment to Data Security

NewLIST has security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We will never sell your information to a third party.

How to Access or Modify Your Information

NewLIST offers Members the opportunity to access or modify information provided during registration. To access or modify such information, visit www.NewLIST.com/Members.

Questions About NewLIST's Privacy Policy

Questions about this Privacy Policy or the practices described herein should be directed to our FAQ page that is located at www.NewLIST.com/faq.

If you have any additional questions about this Privacy Policy or the practices described herein, you may contact:

NewLIST Media
Customer Service
POB 1989
Apopka, FL 32704

Or via email through our Contact Area.

Revisions to This Policy

NewLIST reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner without notice.