Terms of Service
New Now Creative is owned and operated by New Now, LLC
Last Updated On: 05/16/2022
The following Terms of Service (“Terms”) govern all use of the New Now Creative website and all content, services, and products available at or through the website, including, but not limited to, New Now Creative Hosting as well as Design, all plugins, and any API services (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, New Now Creative’s Privacy Policy) and procedures that may be published from time to time by New Now Creative (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by New Now Creative, acceptance is expressly limited to these Terms.
Use of our Services requires a New Now Creative account. You agree to provide us with complete and accurate information when you register for an account.
PLUGINS
As a member, you are granted an inalienable right to own and continue to use all plugins, themes, code and assistance that you have downloaded from New Now Creative, even after any free-trial or membership subscription is cancelled. Whether you are a current member or not, all plugins and themes will continue to function “as is” regardless of if your membership expires.
Updates are released often for compatibility, feature upgrades, and additions are only available to customers who have an active membership with New Now Creative. ‘Automatic Upgrades’ are available to customers who have the New Now Creative Hub plugin installed and a Paid Active Membership.
We are committed to doing our best to ensure that all of our products and services are compatible with the latest versions of WordPress within 24 hours of any release. We can give no guarantee that products will work with older versions of WordPress, though we will work to support backward compatibility whenever reasonably possible.
HOSTING
If you are using our shared, dedicated or managed hosting services, the following applies:
By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
If you lose access to your New Now Creative account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.
HOSTING UPTIME
We do not place any hard limits on traffic, visits, or bandwidth on your sites except as described in our plans. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources. Downtime will be determined by our monitoring tools. We are not responsible for downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes or the like. Free hosted sites or sites that are paid for using promotional credit may be archived after 30 days of inactivity.
Sites will be marked as ‘active’ automatically if one of the following occurs:
The settings for the site has been visited at least once in the New Now Creative Hub in the past 30 days.
A custom domain has been added to the site and validated.
We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 30 days of being archived.
API SERVICES
Some Services require API access to enable all features and functionality.
If you are using any of our sub API Services, the following applies:
You must maintain an active subscription with New Now Creative to make use of API services. API based services may only be accessed by our plugins designed for that purpose.
API services use an assigned API key to connect. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, or publish your API key.
Violation of any of these terms may result in the immediate termination of API access and/or your New Now Creative membership.
We reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.
BOXER BACKUPS
If you are using the Boxer Backups backup service, the following applies:
In addition to the unlimited 30-day rolling backups included with each New Now Creative DEDICATED hosted site, members can get additional cloud storage that can be used to create and store 30-day rolling backups across all hub connected sites. Simply contact us to purchase additional space.
By using our backup services, you grant us access to your website, database, and any virtual or physical servers for the purpose of backing up and or restoring your data and content.
We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service, as is standard with any hosting provider.
If you lose access to your New Now Creative account or cancel your membership, you will not be able to access your backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.
ACCEPTABLE USE POLICY
We reserve the right to refuse service to any organizations that do not align with our company’s values. We are altruistic supporters of complete wellness, living lives and conducting business free from abuse of any kind. Our company does not conduct business with individuals or companies that engage in any illegal activities, possess methods or manners that in any way bring harm to others, or in ways that we as an organization deem as questionable. We believe in first doing no harm, as well as personal and business actions that serve the greater good.
When using New Now Creative Services, you agree to the following:
Prohibited Uses:
No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
Violate any state, federal or foreign laws or regulations;
Publish, host, or transmit content that is defamatory, slanderous or trade libelous;
Publish, host, or transmit content that is threatening or harassing;
Publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
Disclosing private sensitive personal information about others;
Distribute material that is or enables malware, Spyware, adware, or other malicious code;
Engaging in the unlawful distribution of controlled substances and drug contraband;
Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
Gambling;
Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
Hosting or linking to an anonymous proxy server;
Interfere with, disrupt, or attack any service or network;
Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights); This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify New Now Creative by completing the Contact Form and Selecting Violations in the dropdown;
Money laundering;
Phishing or engaging in identity theft;
Send spam or bulk unsolicited messages;
Selling weapons or ammunition;
Resell, share, or publish New Now Creative Hub credentials or access;
Make any New Now Creative Hub plugin available for public download in ways that violate any Terms or licensure.
No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
Attacking other networks (i.e. Denial of Service (DoS) attacks);
Intercepting or monitoring data without permission;
Running a file sharing site;
Running any software that interfaces with an IRC (Internet Relay Chat) network;
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the New Now Creative website or servers for any unauthorized purpose;
Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
If you feel you have discovered a violation of our Acceptable Use Policy, please review this section to learn about our reporting procedures.
PAYMENTS & SUBSCRIPTIONS
New Now Creative is an Agency and also a Membership site and many of our Services require an active paid subscription – including New Now Creative Hosting, Care Plan Memberships (Dedicated Hosting, Shared Hosting, Managed Hosting, Website Care, Managed Backups, SEO, our CDN or any other “Paid Services”). As well as Nonprofit Rewards Member. By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account page or by contacting support.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any applicable taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
We may run discounts or promotions in exchange for memberships, services, or items of value. We reserve the right to deny the use of the discount or promotion or terminate accounts if you commit fraud or abuse of the discount or promotion system in any way.
REFUNDS
If you are experiencing a technical issue, please let our support team help resolve the issue by submitting your support request before requesting a refund.
No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.
Refunds are available once per person or entity and will not apply if your account is in violation of any of these Terms.
SUPPORT
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
Support is provided by our Live Chat System on the New Now Creative site and in our Forums. Any issues that can’t be immediately or easily answered via our Live Chat System will result in the creation of a Support Ticket for ongoing follow-up and tracking.
We commit to having our support team available and staffed 24/7/365, and that average Live Chat wait times will be under 10 minutes. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the specific issue(s) in question.
We will do our utmost to support anything Hosting related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and cannot provide.
For our Website Care Plans we will do our utmost to support anything Website or WordPress related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. Again, we reserve the right to determine which requests and levels of support that we can and cannot provide.
You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.
In order to receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. New Now Creative makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products. For support via email or otherwise for installation, customization, or 3rd-party hosting administration of WordPress itself please purchase our Care Plan or Customization Service.
SECURITY
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify New Now Creative of any unauthorized uses of its sites, its account, or any other breaches of security.
WHITE LABEL AND RESELLING
Creating an account and using a White Label Hub you agree to the data being hosted by us.
LEGAL NOTICES
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Our Services are provided “as is.” New Now, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither New Now, LLC nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Montana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Flathead County, Montana.
In no event will New Now, LLC or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to New Now Creative under this Agreement during the twelve (12) month period prior to the cause of action. New Now Creative shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
