Terms and Conditions

Definition of Terms

"Newstar Design" refers to "Newstar Design" whose office is: 9 Totnes Road, Paignton, Devon TQ4 5JX

"We" has an identical definition as for "Newstar Design" above.

"we" has an identical definition as for "We" above.

"Account" is defined as the provision of an amount of data storage and processing capability on servers operated by Newstar Design in the carrying out of its business activities as a web hosting provider.

"Account Holder" is defined as the person, persons, company or organisation under which an order for an Account has been placed and fulfilled, regardless of whether a financial sum has been paid in exchange for that order fulfilment.

"Client" has an identical definition as for "Account Holder" above.

"Customer" has an identical definition as for "Client" above.

"You" has an identical definition as for "Client" above.

"you" has an identical definition as for "Client" above.

"Account data" is defined as all data stored on one or more of Newstar Design's servers in an area specifically and exclusively reserved for data generated by, uploaded by, or otherwise created or stored by, the activities of the Account Holder, automated or otherwise. This includes data in the home directory of the Account Holder and data stored in database tables created by the Account Holder to which the Account Holder has been legitimately granted access.

Terms of Service

This agreement is made between Newstar Design and the Client.

Unacceptable Activities

These include spamming (sending unsolicited advertising to those with which the Client has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Newstar Design by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any Client repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first: abuse@newstardesign.com.

Age:

The Client must be at least 18 years of age to obtain our service.

Abuse of the legal rights of others:

The Client agrees not to use their hosting account to abuse the legal rights of third parties.

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.

Newstar Design supports free speech on the Internet, and will not suspend or cancel a Client's Account simply because it disagrees with the views expressed by the Client.

Libel:

Newstar Design does not monitor the content of customer websites, nor does it have the practical capability to do so.

We may be notified that a libellous statement is being hosted on a customer website. However, this notification must (for each libellous statement) include a full link (URL) to the content in question, an explanation of why the content in question is libellous and a short quote from that content.

In the absence of this information, Newstar Design will not be considered to have been informed of a libellous statement. We will not engage in monitoring of, or searching for, any content hosted on our service at the behest of a third party that believes itself to have been libelled.

On notification of a libellous statement, our customer will be notified and given up to 24 hours to remedy the situation.

We reserve the right to remove any content about which a complaint of libel has been made, or to suspend or terminate a customer account hosting content about which a complaint of libel has been received.

Abuse of the law:

Newstar Design's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; Linking to illegal material is also prohibited. Newstar Design reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography:

Pornography, or links to such material, even if legal, is not an acceptable use of Newstar Design's servers.

Abuse of Newstar Design's Server Resources:

Running programs in the background on a Newstar Design's server without Newstar Design's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Newstar Design's servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If an Account Holder's usage ever exceeds twenty percent (20%) of system resources, the Account Holder will be contacted and asked to eliminate the problem.

Hosting plans with 'Unlimited' disk space and bandwidth:

If the Client is using a hosting account which has either disk space or bandwidth set to 'unlimited' the Client agrees to be subject to the following 'fair use' policy:

The hosting account in question will be primarily used for the purposes of web hosting and e-mail hosting. Unacceptable uses include, but are not limited to, large file storage and making available downloads of large files. File downloads are permitted, but only in the context of a functioning website.

The hosting account may not impinge upon the performance of other hosting accounts hosted on the same server by making excessive demands on the resources of the server in question. This includes, but is not limited to, the CPU usage required to perform data processing on the account for the purposes of taking backups and other administrative tasks as well as the CPU usage required to actually serve the site on the hosting account in question.

The Client agrees that Newstar Design will be the sole arbiter in determining whether an infringement of this 'fair use' policy has occurred. Wherever possible, Newstar Design will propose alternative hosting arrangements for the Client should an infringment of this policy occur. These may include, but are not limited to, moving to a hosting plan with quoted disk space and bandwidth limits.

Hacking/Cracking:

Newstar Design reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

Uptime SLA

Uptime guarantees for the figures quoted for the various Account types will be made under the terms shown in the Service Level Agreement

Other Behaviour:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@newstardesign.co.uk

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or Account. Accessing data not intended for the Account Holder.. Probing the security of any network. Spawning too many processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the Account Holder including Account suspension or termination.

Client Responsibility:

The Client is responsible for all activity originating from the Account unless proven to be a victim of outside hacking or address forgery. The Client is responsible for securing their username/password. Use of Newstar Design's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Account used by the Client. The following examples are offered: HTML coding, CSS layout and design scripting.  The Client agrees that he or she has the necessary knowledge to create, maintain and use their Account for the purposes they intend. The Client agrees that it is not the responsibility of Newstar Design to provide this knowledge or support outside matters specific to Newstar Design's servers or hosted content management systems.

Client Data:

All reasonable measures have been taken to keep the server(s) that the Account Holder's data is stored on secure. However, the Account Holder is the data controller for any personal data collected or stored on the Account, and the primary responsibility for keeping that data secure rests with the Account

Holder.

It is the responsibility of the Account Holder to ensure that they are in compliance with all relevant legislation applicable to the storage and processing of their Account data.

The Account Holder's actions in using their Newstar Design Account, including but not limited to, the installation of software on that Account, and configuration changes the Account Holder may make or request that Newstar Design make on their behalf may have an impact on the security of the Account Holder's data, foreseen or otherwise.

Consequently, Newstar Design does not accept responsibility for any lapse in Account data security that occurs on the Account Holder's Account. Newstar Design will not be held liable for any damages, material or otherwise, resulting from such a lapse.

We recommend that the Account Holder, as data controller for the data in question, take appropriate mesures to ensure that Account data is rendered unintelligible to a third party should the security of the Account in question become compromised.

We undertake not to make use of any of the personal data that an Account Holder has collected, stored or otherwise placed on their Account. We may inspect Account data as part of routine server management.

We may make automated copies of Account data for backup purposes only, although we make no guarantee that we will do so. If such copying requires the re-transmission of Account data to another server, that re-transmission will occur over an encrypted link. Any such copies will not be released to a third party.

We undertake not to release Account data to a third party, except where, and with prior consent of the Account Holder, doing so is required as part of routine server management undertaken by an external contractor in which case that external contractor will be under an obligation not to use, copy or release the Account data to any other person or organisation.

Account data may be released to governmental and law enforcement agencies if such a release is in accordance with the law.

Backups:

Provision of technical features and processes by the Supplier to the Client that assist in the creation of data backups (automated or otherwise) in no way constitute a guarantee from the Supplier to the Client that the backups produced by such technical features and processes will be accurate, available, accessible, or otherwise useful to the Client in any way whatsoever. If loss of data occurs due to an error of Newstar Design, Newstar Design may attempt to recover the data at no charge to the Client but Newstar Design do not guarantee that restoration of any data will be possible. If data loss occurs due to the negligence of the Client in securing their Account or by any action of the Client, Newstar Design may attempt to restore data from any backups held at the request of the Client.

IP Addresses:

Newstar Design maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Refunds:

If for any reason the Account Holder is not entirely satisfied with their hosting Account they may request that their Account be closed within an initial 7 day period of their order being placed. A full refund of any fees paid will then be issued. Beyond that initial 7 day period, all payments for hosting are non-refundable and service is provisioned for the period paid for.

Minimum Contract Periods:

The minimum contract period for shared hosting is 1 month.  Cancellations made to hosting accounts and hosted website systems within 30 days of a renewal due date will be billed for the extra cancellation period on a pro-rata basis.

Limitation of Liability:

Newstar Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Newstar Design's servers going off-line or being unavailable for any reason whatsoever. Further, Newstar Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Newstar Design's servers. All damages shall be limited to the immediate termination of service.

The Client acknowledges and agrees neither Newstar Design nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Newstar Design or any of its shareholders, directors, officers, employees or representatives should become liable to the Client or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Newstar Design, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by the Client to Newstar Design for one month of service under this agreement.

Newstar Design shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Newstar Design reserves the right to terminate an Account at any time for non-compliance with the terms and conditions outlined above. Newstar Design reserves the right to delete all content and files upon Account termination. Newstar Design reserves the right to withhold any pre-paid funds for any Account removed for violations of these policies. Newstar Design reserves the right to refuse, cancel, or suspend service at our sole discretion.

Newstar Design reserves the right to change these terms and conditions without prior notice or warning. Non-enforcement of any part of these terms and conditions does not constitute consent.

Violations of these Policies should be referred to abuse@newstardesign.co.uk

All complaints will be investigated promptly.

Pay as you go managed website terms

 

License Grant. Subject to your compliance with the terms and conditions of this Agreement, Newstar Design hereby grants you a non-exclusive, non-transferable, revocable license for you and your Users to access and use the Service solely for purposes of creating and managing web sites. A “User” shall mean you unless you are a corporate or similar entity, in which case a User shall mean any of your employees, consultants or independent contractors. This license is restricted to use by you and your Users and does not include the right to permit any non-User to access or use the Service. All rights not expressly granted to you are reserved by Newstar Design and its licensors. There are no implied rights

Use of the Service. In order to use the Service, you are responsible at your own expense to access the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. You shall not attempt to access any other of Newstar Design's systems, programs or data that are not made available for public use. The content and software providing the Service is the property of Newstar Design and/or its licensors and is protected by U.K. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works of the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. This is an Agreement for services and access to the Service only, and you are not granted a license to any software by this Agreement. Unauthorized use, resale or commercial exploitation of the Service in any way is expressly prohibited. Without Newstar Design’s express prior written consent in each instance, you shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of any of the Service or any software or data related to the Service or used to make the Service available to you. You shall take all measures necessary to ensure compliance by all of your Users who access and use the Service with these terms and conditions and shall be liable for any breach by such Users of such terms and conditions. You are responsible for maintaining the security of your account, passwords and files.

In addition, you agree that you will not (nor allow any other person or entity to):

Interfere or attempt to interfere with the proper working of the Service, the Newstar Design servers or any activity being conducted on the Newstar Design servers.
Use the Service other than in accordance with all applicable laws and regulations. Newstar Design may, in its sole discretion, block any email messages, remove any of your content or prohibit any use of the Service that it believes may be in violation of the foregoing.
Use any software or intellectual property for which you do not have an appropriate license.
Use the Service to promote, facilitate or permit gambling.
Post, transmit, facilitate, or link to (i) content that Newstar Design determines constitutes pornography, or is sexually explicit, or adult in nature or (ii) illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
Advocate or facilitate activities that (i) contain threats or incite violence towards individuals or entities, (ii) are harmful to any person or entity or (iii) are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Newstar Design or its affiliates for any purpose, including, without limitation, phishing or pharming.
Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
Use the Service as a file sharing service and are discouraged from hosting downloads of files that are larger than 50MB. Newstar Design reserves the right to refuse to host any large downloadable files. If Newstar Design considers you to be using the Service solely as a remote file server, your account may be terminated, your site(s) may be suspended and all files associated with your site(s) permanently removed.
Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.

If you violate the terms of the Service, Newstar Design may suspend your user account and put your site(s) in maintenance mode until the violation is cured. In the case of serious violations to the terms of Service or in the case of other violations that are not cured within a reasonable time frame (as determined by Newstar Design in its sole discretion), Newstar Design may, in addition to its other legal rights and remedies available hereunder and at law or in equity, delete your account and your site(s) from the Service. In either case, you may be permanently restricted from holding an account to the Service. The decision about whether an account or site is in violation of the terms is at the sole discretion of Newstar Design.

User Contributions and Privacy. There are many opportunities within the Service, including but not limited to the Newstar Design Forums and commenting on Newstar Design Team Blog posts, for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Newstar Design about the Service (collectively “Information”). Newstar Design shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Newstar Design as needed to obtain such protection as Newstar Design may desire and you agree to assign your rights in such Information to Newstar Design.

Your Content. As used herein, "content" means text, images, photos, audio, video, CSS, Javascript, and all other forms of data or communication. You alone are responsible for your content. You assume all risks associated with your content, including any person or entity's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by Newstar Design. You further understand that any content or materials that you post, upload or transfer in connection with the Service, will be made available to the public.

You hereby grant Newstar Design, its affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right and license to use, reproduce, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish your content solely in connection with making the Service available to you. You acknowledge that Newstar Design prohibits any content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded in connection with the Service. Accordingly, by adding or uploading content, you are warranting that you own all proprietary rights, including copyright, in and to the content with full power to grant the rights contemplated to be provided in the content. In addition, to the extent that the content contains images of people or persons, you represent and warrant that you have obtained permission from the people or persons to use their image on your website. You also warrant that where required by applicable law, you have also obtained a valid and binding release relating to any identifiable property contained in the content that might sensibly lead to the identity of or be required by the owner of such property to permit the uses of such content.

Uptime. Subject to the terms and conditions of this Agreement, Newstar Design shall use commercially reasonable efforts to provide the Service twenty-four (24) hours a day, seven (7) days a week throughout the term of your subscription to the Service. You acknowledge and agree, however, that from time to time the Service may be inaccessible or inoperable for various reasons, including, without limitation, (i) periodic maintenance procedures or repairs which Newstar Design may undertake from time to time; (ii) equipment malfunctions; and (iii) causes beyond the control of Newstar Design, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures (collectively “Downtime”).

Warranty. THE SERVICE IS PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY Newstar Design. Newstar Design DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Your sole and exclusive remedy for any failure or nonperformance of the Service or any error or omission in the Service and Newstar Design’s sole obligation shall be for Newstar Design to use commercially reasonable efforts to repair the error or defect in the Service.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Newstar Design OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU, YOUR USERS OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF Newstar Design TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID Newstar Design FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT Newstar Design HAS SET ITS PRICING IN RELIANCE ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING THAT ANY LIMITED REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.

Modifications of Terms. Newstar Design shall have the right to modify the terms and conditions of this Agreement at any time, which modification shall be effective immediately upon posting to the Service (provided that it is not Newstar Design’s intent that such modifications substantially affect the license rights granted to you in this Agreement and for which consideration was paid by you). Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date on the first page.

Fees. Your use of the Service will be subject to monthly or annual subscription fees in accordance with the Newstar Design fee schedule located at http://newstardesign.com/pricing (the "Fee Schedule"). Newstar Design reserves the right to change the payment terms and Fees Schedule upon thirty (30) days prior email notice to you (provided that such changes will not go into effect for you until the end of your then current subscription term). At the end of your monthly or annual subscription term, your subscription will automatically renew at the current prevailing price indefinitely unless you elect not to renew your subscription as further described below. You will be solely responsible for, and will promptly pay, all taxes of any kind (including but not limited to sales and use taxes) associated with this Agreement, the Service, or your access to the Service, except for taxes based on Newstar Design’s net income. You shall be obligated to provide Newstar Design with a valid credit or debit card and Newstar Design will charge your credit card, monthly or annually in advance (depending on your subscription), for your use of the Service. If Newstar Design is for any reason unable to effect payment via your credit card, Newstar Design will attempt to notify you via email and your access to the Service may be disabled until payment is received and Newstar Design may put your site(s) in maintenance mode until the violation is cured. You agree to pay reasonable attorneys’ fees and court costs incurred by Newstar Design to collect any unpaid amounts owed by you. Amounts paid for the Service is not refundable. Until your subscription to the Service is terminated, you acknowledge and understand that Newstar Design will continue to charge you for the Service regardless of whether the Service is used or not. In addition to the foregoing, you acknowledge and agree to the following:

Upgrading. You can upgrade your plan at anytime. Payments will be charged on the day you upgrade to a higher plan and will cover the use of that Service for the remainder of the month or year at a prorated amount.

Canceling Your Plan. You may elect not to renew your subscription to the Service by notifying Newstar Design at least 15 days prior to the start of your next billing period.

Accordingly, for monthly subscription plans you may elect not to renew such subscription by notifying Newstar Design at least 15 days prior to the start of your next monthly billing period and for annual subscription plans you may elect not to renew such subscription by notifying Newstar Design at least 15 days prior to the start of your next annual billing period.

Refunds. Newstar Design will not issue cash refunds for monthly or yearly subscription cancellations.

Deleting Your Site. Deleting a site does not result in canceling your subscription.

Bandwidth usage. You cannot use Newstar Design as a file share service.

Compliance with Laws. You agree while using the Service to comply with all applicable laws and regulations, including without limitation if you operate a commercial Web site or an online service directed to children under the age of 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act (“COPPA”).

Minors. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”) to access the Service, you will be solely responsible for (i) the online conduct of such Minor, (ii) monitoring such minor’s access to and use of the Service, and (iii) the consequences of any use of the Services by such Minor.

Termination. Newstar Design may terminate this Agreement and your use of the Service or disable your account, in each case at any time with or without cause, and with or without notice; provided, however, that if Newstar Design terminates this Agreement without cause, it will refund to you any prepaid, unused fees for the Service. Newstar Design shall have no liability to you as a result of such termination or disablement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability. Newstar Design reserves the right in its sole and absolute discretion to change, suspend or discontinue — temporarily or permanently — some or all of the Service, at any time without notice. Newstar Design will not be liable to you for any such modification, suspension or discontinuance of the Service. You acknowledge that if your site becomes inactive for over 60 consecutive days an email will be send to the site owner. If the site owner fails to activate the site, it will be deleted and removed from the service.

Hold Harmless and Indemnity. You agree to defend, hold harmless and indemnify Newstar Design, and its employees, agents and representatives, from and against any and all third party claims arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Newstar Design will provide you with written notice of such claim, suit or action.

No Assignment. You shall not assign this Agreement, your right to use the Service or assign any other rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Newstar Design’s prior written consent. Any such purported assignment or delegation by you without Newstar Design’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Newstar Design at its sole and absolute discretion.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

Miscellaneous. (a) The Service is operated by Newstar Design from its offices in Paignton, Devon UK. Due to the nature of the Internet, the Service is accessible from the UK and from other countries. As each of these places has laws that may differ from those of the UK and from each other, and as you and Newstar Design both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Service, by using the Service, you agree that this Agreement shall be deemed to have been entered into in the Commonwealth of the United Kingdom. This Agreement shall be construed in accordance with and governed for all purposes by the laws of the Commonwealth of the United Kingdom, without regard to its principles of conflicts of law; (b) this Agreement, in combination with Newstar Design Privacy Policy (available at http://newstardesign.com/privacy) constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral; (c) the parties hereto agree that only the UK courts shall have exclusive jurisdiction over this Agreement and any controversies arising out of this Agreement; (d) in case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement but this Agreement shall be construed as if such invalid, illegal or other unenforceable provision had never been contained herein; (e) subject to Section 16 above, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns; and (f) no waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion.