TERMS OF USE

Domain Name Registration

1. NewMedia Express will activate the registration process after payment has been made.
2. No refunds will be provided for domain name registration regardless the domain name application is success or fail. If the requested domain name is not available, customer may select an alternate domain name within 7 working day.
3. The domain name registration period runs with effect from the date the customer has registered with NewMedia Express. Subsequent renewals can be made upon expiry of the domain name registration period.
4. There is no guarantee that the domain name requested will be formally registered until the registrant receives confirmation of registration from NewMedia Express.
5. NewMedia Express will do its utmost to ensure that the registrant's details are correctly entered and submitted during the registration process. As our system is automated, the Customer is advised to check that his details are correct before submitting the domain for registration.
6. NewMedia Express does not accept any responsibility for the use of registered domain names especially in scenarios where there may be conflicts over rights to ownership. The registrant indemnifies NewMedia Express from any legal proceedings and costs which may arise as a result of the registration of a domain name.
7. Upon completion of registration, the Customer agrees to bear an administrative fee of S$60 (minimum) incurred for change of domain name registrant information.
8. Domain name is not allowed to be transferred from a registrar within 60 days of the date or registration or renewal.

Web Hosting

1. NewMedia Express reserves the right to suspend or cancel a Customer's access to any or all services provided by NewMedia Express if NewMedia Express decides that the account has been inappropriately used or otherwise.
2. Customer shall not, in any way, use the services procured for any illegal, immoral or unethical acts. The hosting of, reference to or linking to any of the following material is not allowed:
   • Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.
   • Adults Material: Includes Pornography, Obscenity, Erotic images, and Sex-related merchandise.
   • Warez: Includes Pirated Software, Hacking, Cracking, Hacker's or Cracker's aids/tools
   • Spamming: The sending of mass, unsolicited emails using our server is strictly prohibited.
   • The commercial distribution of MP3s, Music Files, Videos, Softwares or any other type of files which require the usage of an inordinately high amount of bandwidth is strictly prohibited.
   • Malicious acts against an individual/group.
   • Threatening acts against an individual/groip.
   • The promotion of Online Gambling
   • The infringement of any applicable laws/regulations.
3. For multiple domain hosting plan subsribers, this account only allows one user to host his multiple website. This is not a reseller account and therefore user cannot resell to others. Account will be terminated shall user violates the terms of use and no refund is applicable.

Promotions

1. No refund for all promotional items. 30 Days Money Back Guarantee is not applicable for all promotional web hosting packages.

Spam / Email Policy

1. Customers are bound by the NewMedia Express Spam Policy.
2. Harassment, whether through the use of language, frequency of emails, or size of messages, is prohibited.
3. Customers may not forward or otherwise propagate chain letters, whether or not it is evident that the recipient wishes to receive such mails or otherwise.
4. Malicious emails, including but not limited to "mail bombing" (flooding a user or website with very large or numerous pieces of email) and "trolling" (posting outrageous/outlandish messages to illicit numerous responses) is prohibited.
5. The intentional forgery of headers or any other information is not permitted.
6. Subscribing another individual to a mailing list or removing an individual from a mailing list without the person's prior permission is prohibited.

Network Abuse / Bandwidth / High Resource Usage

1. All shared hosting accounts operate on shared network resources. This means that there are several hosting accounts per server.
2. Excessive use or "abuse" of these abovementioned network resources by one Customer will have a negative impact on all other Customers.
3. To ensure optimum usage and fairness to each of our Customers, Customer is not allowed to deliberately consume network resources in an excessive manner; this includes but is not limited to: CPU time, memory, and disk space.
4. By extension, Customer is also not allowed to utilize resource-intensive programs which can negatively impact other Customers' hosting accounts or the overall performance of our systems.
5. Please note that high network traffic and throughput is not a problem for NewMedia Express, but extreme network traffic or uploading and downloading can sometimes create problems.
6. Any shared hosting accounts which result in excessive use or "abuse" of the abovementioned network resources will be presented with an ultimatum: Customer should either reduce the network resources consumed to an acceptable level, otherwise Customer is expected to upgrade his hosting package.

Hosting Service - Fair Use Policy

1. For hosting services/packages with unlimited usage benefits, Customer's usage should not be:
   • Unreasonable (use which may adversely affect our network performance, or other Customers' use of our network and/or service; or
   • Fraudulent (including re-supplying NewMedia Express's hosting services without NewMedia Express's written consent for a third party to access our data services.

CPU usage

1. Each account is allowed to use up to10% of the CPU power at any given time. However, we do enforce a requirement that all accounts should only use a reasonable amount of CPU at any given time.
2. If your account is found to affect other clients on the server, or if your account causes the web server to slow down for any reason, we may suspend your account. We will notify you of this suspension. Whether your account will be reinstated depends largely on the circumstances surrounding the inordinately high CPU power usage. We will evaluate each case separately after suspension has taken effect.
3. If you are found to be using a very high amount of CPU power, we may require that you either upgrade to a dedicated or semi-dedicated web hosting solution/package, or reduce the amount of traffic your website receives. We may lock specific files or scripts if they are found to be overusing CPU power and notify you accordingly.
4. Any attempt to hide, mask or disguise the level of your CPU usage will result in immediate termination without refund for TOS violation.

Data Storage And Other Limitations

1. NewMedia Express assumes no responsibility for the deletion of or failure to store or restore data.
2. We require that the Customer acknowledges and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the abovementioned Content originated.
3. This means that Customer, and not NewMedia Express, is solely and entirely responsible for all Content that the Customer uploads, posts or otherwise transmits via the services provided by NewMedia Express.
4. NewMedia Express does not endorse or control the Content/Material transmitted or posted via the Services provided by NewMedia Express and, as such, does not guarantee the accuracy, integrity or quality of such Content.
5. Customer understands that by using the Services provided by NewMedia Express, Customer may be exposed to Content which is offensive, indecent or objectionable.

Scheduled Maintenance and Incidences of Downtime

1. NewMedia Express will undertake utmost effort to provide services 24 hours a day, seven days a week, in line with standard industry practices and service levels.
2. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, due to periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond NewMedia Express's control or which are not reasonably foreseeable by NewMedia Express, including but not limited to the interruption or failure of telecommunications systems or digital transmission links, hostile network attacks, network congestion or other failures.
3. NewMedia Express will notify Customer in advance via email or update the announcement section of our website and will undertake every reasonable effort to minimize any other disruptions and/or inaccessibility arising from the inoperability of its web servers.
4. NewMedia Express will not assume responsibility for downtime arising directly from a user's actions.

Payment Terms

1. NewMedia Express only accepts Cash, Cheque, Fund Transfer, VISA & MASTERCARD payments.
2. For wire transfers, Overseas Customers are expected to bear all bank and administrative charges incurred. Overseas customers are advised to consult their agent / banker before proceeding with wire transfer.
3. Customers must undertake to pay upfront and in full service fees and any other fees before payment is due.
4. Penalty charges may be imposed for payments made after the due date, at the sole discretion of NewMedia Express. Services provided by NewMedia Express to the Customer may be suspended if the requisite fees are not paid in full by the due date.
5. A re-activation fee of S$50 is required for the reinstatement of accounts which have been suspended.
6. If the account has been terminated, all information contained and related to the account will be deleted and purged. Customers will thus be unable to retrieve the abovementioned information.
7. NewMedia Express shall not be held responsible in any way for any loss or damage incurred due to the disruption of service arising from overdue payments.
8. All fees inclusive of Government Tax. Our GST tax reference number: 200406609R.
9. NewMedia Express reserves the right to charge you reasonable “administrative fees” or processing fees” for (i) tasks perform outside the normal scope of its Services (ii) additional time and/or costs incur in providing its Services.

30-Day Money Back Guarantee

1. The 30-Day Money Back Guarantee is applicable to all NewMedia Express hosting packages. Customer may cancel the hosting account for any reason within 30 days from the date of account activation and receive a full refund minus a 4.5% transaction fee if Customer has paid for his hosting account by credit card. Customer is required to fill up a refund form (download here) and send it back to NewMedia Express within the first 30 days from the date of account activation. No refund is available after 30 days.
2. This refund policy does not apply to domain name registration and setup fee.
3. Please allow 7 working days for the processing of the refund.
4. Accounts which have been cancelled, deactivated, or suspended due to violation or infringement of NewMedia Express's Terms of Use are not eligible for the receipt of refunds under the 30-Day Money Back Guarantee policy. Customer is expected to bear charges for bandwidth consumed and usage of resources.

Hosting Fees and Refund Policy

1. All hosting fees (prices) are subject to change. Changes to hosting fees for each package will be duly reflected and updated periodically on the NewMedia Express website.
2. As a general guideline, all hosting fees paid to NewMedia Express are non-refundable.

Account Cancellation

1. All requests for the cancellation of accounts should be made at least 48-72 hours prior to the expiry date of the hosting account and submitted via email to support@newmediaexpress.com
2. Upon submission of the cancellation request, Customer's server access will be disabled. Customer is advised to save/download onto his local disk materials and files which can only be retrieved through access to the server prior to submitting his cancellation request.

Termination

1. NewMedia Express reserves the right, in its sole discretion, to terminate Customer's access to any or all services at NewMedia Express without prior notice for any reason, including without limitation, if NewMedia Express believes that Customer has violated this agreement or upon an indication of credit problems including delinquent payments.
2. Upon termination, the Customer's use of the services immediately ceases and the Customer acknowledges and agrees that NewMedia Express may immediately delete files in the Customer's hosting account.
3. Upon the termination or expiration of this agreement, the Customer agrees to pay in full all outstanding, unpaid fees remaining.
4. No refunds will be given to Customer for early termination of agreement, unless Customer's account is terminated within the 30 day grace period.
5. Refunds will be given solely at the discretion of the Company Management.

Modification of Terms And Conditions

1. NewMedia Express reserves the rights, at our discretion, to update or revise the terms at any time without prior notice, and such changes shall take effect immediately.
2. Changes in the service fees will take effect at the end of the Customer's prepaid term and the continued use of NewMedia Express's services past the effective date of such changes shall constitute acceptance by the Customer of the changes to the Agreement.
3. Customers are strongly advised to check NewMedia Express's website periodically for changes to the terms.

Change of Particulars

1. It shall be the responsibility of the Customer to inform NewMedia Express in writing of any changes to the Customer's personal particulars.

Governing Law

1. By accessing this website, Customer agrees that such access as well as the above terms shall be governed by Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and Customer agree to submit to the jurisdiction of the Singapore courts.
2. Users of NewMedia Express.COM or any of its websites are responsible for compliance with all local laws and regulations.

Disclaimer

1. NewMedia Express will not assume liability or responsibility for any damages or losses which the Customer's business may suffer.
2. NewMedia Express disclaims any warranty of fitness for a particular purpose.
3. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NewMedia Express and its employees.
4. NewMedia Express reserves the right to revise and review its policies at any time.
5. NewMedia Express does not guarantee the accuracy or completeness of information, text, links, graphics or other items contained within this site and in the Customer's site.
6. Modifications to any part of the NewMedia Express website can be made at any time without prior notice.
7. The Customer shall periodically review the NewMedia Express website for any changes.

NEWMEDIA EXPRESS RESERVES THE RIGHT, AT ITS DISCRETION TO SUSPEND OR TERMINATE ANY ACCOUNT(S) DUE TO ACTS WHICH CONSTITUTE THE VIOLATION OF THE ABOVE TERMS, DEPENDING ON THE SEVERITY OF THE SITUATION WITHOUT PRIOR NOTICE TO THE CUSTOMER. NO REFUNDS FOR THE BALANCE TERM WILL BE MADE FOR ACCOUNTS TERMINATED DUE TO A BREACH OF THIS AGREEMENT.

If you have any questions or concerns relating to the above, please contact us.

NewMedia Express Pte Ltd may modify any of the terms and conditions contained within this Agreement and any policy or guideline incorporated by reference, at any time at its sole discretion and may also determine whether and when modifications apply to existing or future customers. All modifications take effect immediately upon their being posted on the NewMedia Express Pte Ltd Website (the "Site"). NewMedia Express Pte Ltd may post modifications to referenced policies and guidelines without notice to you. The Customer's continued use of web hosting services following NewMedia Express Pte Ltd's posting of modifications constitutes the Customer's acceptance of the said modifications.

TERMS AND CONDITIONS

1. RENEWAL SERVICE. Upon expiry of the initial term, the subscription for the Service shall be automatically renewed for one further term on the same terms and conditions herein, unless NewMedia Express Pte Ltd or the Customer furnishes written notice to terminate the Service at least ONE (1) month prior to the expiry of the current term. The early termination of service will result in a 100% monthly charge for the remaining contract period being imposed on the Customer.

2. ACCESS TO DATA CENTRE. The Customer shall assign up to ONE (1) technical contact to have 24 hour access to the data centre. This assigned technical contact can only bring one (1) guest into the data centre at any one time. No equipment shall be removed from the Data Centre without the Customer giving prior notice to NewMedia Express Pte Ltd and subsequently obtaining official permission/clearance from NewMedia Express Pte Ltd.

3. OWNERSHIP OF SERVER. NewMedia Express Pte Ltd acknowledges that the server is the property of the Customer and shall not at any time or under any circumstances declare that the server belongs to NewMedia Express Pte Ltd in order to secure loans, contracts or for any other purposes. The Customer understands that while every feasible precaution is taken by the Data Centre and by NewMedia Express Pte Ltd to safeguard the Customer's property, the Customer must undertake the responsibility to separately insure the property placed at the Data Centre. While the Customer agrees to observe the termination clause provided herein in Clause 10, NewMedia Express Pte Ltd will also ensure that ample notice is given for the return of the server to the Customer if the service offered by NewMedia Express Pte Ltd is discontinued for any reason. If the Customer has not settled outstanding payments for more than three months, NewMedia Express reserves the right to re-sell his server in order to settle the cost of the Customer's back payment. An email notification will be sent to the Customer prior to the abovementioned re-sale.

4. BANDWIDTH / HIGH RESOURCE USERS. Customer understands that sites may be subject to network abuse and the usage of a large amount of resources. Any Customer who uses an inordinately high level of resources, or high bandwidth which adversely affects other customers and overall server performance, may have their site temporarily closed and NewMedia Express Pte Ltd shall contact the Customer to resolve the issue.

5. SERVICE LEVEL ASSURANCE. NewMedia Express Pte Ltd assures Customers of the following service standards and provisions:

   • 99% network availability and connection to your servers.
   • Each server is guaranteed minimum 5Mbps Internet Bandwidth, up to 100Mbps Shared Bandwidth* for Local/International Connections.
     *NewMedia Express reserve the rights to rate limit each server to 5Mbps bandwidth for constant or high bandwidth usage server.
   • For each One (1) Mbps (Megabit per second) Internet Bandwidth is charge at S$80/per month.
   • At least 24 hours notice via email/announcement on website prior to any scheduled downtime.
   • NewMedia Express's network/technical support team will be on standby 24 hours a day, 7 days a week to resolve any problems.

6. REBOOT SERVICE. A fee will be incurred for server reboot request at Equinix IDC. Smarthand service as per customer's request is charged at S$320/per hour, with a minimum of half an hour's (30 minutes) block.

   Invoice will be issued upon completion of server reboot request. This service will only affect customer who co-located server at Equinix Singapore Data Centre.

7. SCHEDULED MAINTENANCE AND INCIDENCES OF DOWNTIME.
   NewMedia Express will undertake utmost effort to provide services 24 hours a day, seven days a week, in line with standard industry practices and service levels. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, due to periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond NewMedia Express's control or which are not reasonably foreseeable by NewMedia Express, including but not limited to the interruption or failure of telecommunications systems or digital transmission links, hostile network attacks, network congestion or other failures. NewMedia Express will notify Customer in advance via email or update the announcement section of our website and will undertake every reasonable effort to minimize any other disruptions and/or inaccessibility arising from the inoperability of its web servers. NewMedia Express will not assume responsibility for downtime arising directly from a user's irresponsible actions.

8. ILLEGAL MATERIAL. Customer shall not, in any way, use the services procured for the staging of any illegal, immoral or unethical acts. The hosting of, reference to or linking to any of the following material is not allowed:

   • Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.
   • Adult Oriented Material: Includes Pornography, Obscenity, Erotic graphics/images, and Sex-related merchandise.
   • Warez: Includes Pirated Software, Hacking, Cracking, Hacker's or Cracker's aids/tools
   • Spamming: The sending of mass, unsolicited emails using our server is strictly prohibited.
   • The commercial distribution of MP3s, Music Files, Videos, Softwares or any other type of files which require the usage of an inordinately high amount of bandwidth is strictly prohibited.
   • Malicious acts against an individual/group.
   • Threatening acts against an individual/group.
   • The promotion of Online Gambling
   • The infringement of any applicable laws/regulations.

9. CHANGE OF PARTICULARS. It shall be the responsibility of the Customer to notify NewMedia Express in writing of any changes to the Customer's personal particulars.

10. PAYMENT TERMS. The Customer agrees to pay service fees and any other fees in full promptly. Penalties will be incurred and shall be levied for overdue accounts. Services provided by NewMedia Express Pte Ltd to the Customer may be suspended or terminated if fees are not paid in full by their due date. NewMedia Express Pte Ltd shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees. An administrative fee of S$50 will be levied for re-activation of service. All fees inclusive of Government Tax. Our GST tax reference number: 200406609R.
    NewMedia Express reserves the right to charge you reasonable “administrative fees” or processing fees” for (i) tasks perform outside the normal scope of its Services (ii) additional time and/or costs incur in providing its Services.

11. CONTRACT BASIS. Payment shall be made in full and prior to the contract period. A renewal notice will be issued approximately two weeks prior to expiry of present service period for the following month's service; subsequently followed by a final reminder one week prior to the expiry date of present service period if no response is received to date. Customer must make full payment before the due date indicated in the final renewal notice. If no response is received from client by the due date, we will assume that Customer wishes to discontinue his Hosting services/plan with NewExpress Media. Hence, Customer's account will be terminated anytime. All reminders to make payment will be sent via email only. Customer shall not hold NewMedia Express Pte Ltd accountable for non-receipt of renewal notifications if Customer has not periodically updated NewMedia Express Pte Ltd with mailing/email address changes. We reserve the right to impose an S$50 administrative charge for re-activation of Customer's service account.

12. REFUND POLICY. We do not have a refund policy for Colocation services. Customers are required to subscribe to a minimum service period of one month if they wish to procure NewMedia Express's colocation services.

13. TERMINATION. NewMedia Express Pte Ltd reserves the right, at its sole discretion, to terminate the Customer's access to any or all services at NewMedia Express Pte Ltd without prior notice for any reasons, including and without limitation, if NewMedia Express Pte Ltd believes that the Customer has violated this agreement. The Customer may terminate this agreement by providing one (1) month written notice to NewMedia Express Pte Ltd. No refunds will be provided. Upon the termination or expiration of this agreement, the Customer agrees to settle in full all outstanding, unpaid fees remaining.

14. GOVERNING LAW. This agreement shall be governed by Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and the Customer hereby agrees to submit to the jurisdiction of the Singapore courts. Customers of NewMedia Express Pte Ltd are required to comply with all local laws and regulations

15. DISCLAIMER. NewMedia Express Pte Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NewMedia Express Pte Ltd has been advised of the possibility of such damages prior to their occurrence), resulting from: (i) the use of or inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Customer's transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will NewMedia Express Pte Ltd be held liable for any damages in excess of one hundred Singapore dollars (SGD$100.00). NewMedia Express Pte Ltd reserves the right to revise or review its policies at any time.

NEWMEDIA EXPRESS RESERVES THE RIGHT, AT ITS DISCRETION TO SUSPEND OR TERMINATE ANY ACCOUNT(S) DUE TO ACTS WHICH CONSTITUTE THE VIOLATION OF THE ABOVE TERMS, DEPENDING ON THE SEVERITY OF THE SITUATION WITHOUT PRIOR NOTICE TO THE CUSTOMER. NO REFUNDS FOR THE BALANCE TERM WILL BE MADE FOR ACCOUNTS TERMINATED DUE TO A BREACH OF THIS AGREEMENT.

If you have any questions or concerns relating to the above, please contact us.

NewMedia Express Pte Ltd may modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference, at any time at its sole discretion and may also determine whether and when modifications shall apply to existing or future customers. Any modifications are effective upon posting of the revisions on the NewMedia Express Pte Ltd Website (herein known as the "Site"). NewMedia Express Pte Ltd may post modifications to referenced policies and guidelines without prior notice to the Customer. The Customer's continued use of the services following NewMedia Express Pte Ltd posting of any modifications constitutes the Customer's acceptance of these modifications.

TERMS AND CONDITIONS

1. RENEWAL OF SERVICE. Upon expiry of the initial term, the subscription for the Service shall be automatically renewed for a further term on the same terms and conditions herein, unless NewMedia Express Pte Ltd or the Customer gives written notice at least ONE (1) month before the expiry of the current term that it does not intend to renew the subscription for the Service. The Customer will incur charges for 100% of each month's fee for the remaining contract term if early termination of service is effected by the Customer.

2. OWNERSHIP OF SERVER. The Customer acknowledges that the dedicated server is owned by NewMedia Express Pte Ltd and shall not at any time or under any circumstances pledge the server as belonging to the Customer to secure loans, procure contracts or for any other purposes. While the Customer agrees to observe the termination clause set out in Clause 10, NewMedia Express Pte Ltd will also undertake that ample notice shall be given to the Customer prior to the termination of service, in the event that the service offered by NewMedia Express is discontinued for any reason.

3. HIGH BANDWIDTH / HIGH RESOURCE USERS. The Customer understands that sites are occasionally subject to network abuse and high levels of usage of network resources. Any Customer who uses an inordinately high level of network resources, or high bandwidth which adversely impacts other customers' websites and overall server performance, may have their site temporarily closed/suspended. NewMedia Express Pte Ltd shall then proceed to contact the Customer to resolve the issue.

4. SERVICE LEVEL ASSURANCE. NewMedia Express Pte Ltd assures the Customer of the following service levels and standards:

   • 99% network availability and connection to your servers.
   • For dedicated server services: Each server is guaranteed minimum 5Mbps Internet Bandwidth, up to 100Mbps Shared Bandwidth* for Local/International Connections.
     For VPS services: Each server is guaranteed minimum 5Mbps Internet Bandwidth, up to 100Mbps Shared Bandwidth* for Local/International Connections. (Any other variation will be stipulated in the earlier quotation)
     *NewMedia Express reserve the rights to rate limit each server to 5Mbps bandwidth for constant or high bandwidth usage server.
   • For each One (1) Mbps (Megabit per second) Internet Bandwidth is charge at S$80/per month.
   • Provision of at least 24 hours written notice prior to any scheduled downtime, either via email sent to the Customer's email address or via the Announcements Section of the site.
   • Provision of Network/Technical support by NewMedia Express 24 hours a day, 7 days a week.
   • Regular maintenance and servicing will be undertaken for server hardware.
   • In the event of hardware failure, parts will be speedily replaced within ONE (1) working day.

5. SITE SUPPORT SERVICE. NewMedia Express Pte Ltd shall provide at NO additional cost to the Customer assistance to execute and resolve basic system administration issues (e.g. Reboots) within the data centre in the event that the Customer cannot be in attendance.

6. SCHEDULED MAINTENANCE AND DOWNTIME. NewMedia Express Pte Ltd will use commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond NewMedia Express's control or which are not reasonably foreseeable by NewMedia Express, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. NewMedia Express will notify customer in advance (if condition is allowed) via email or put a notes on announcement section on our website and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. NewMedia Express has no responsibility for downtime resulting from a user's actions.

7. SCHEDULED MAINTENANCE AND INCIDENCES OF DOWNTIME.

   • NewMedia Express will undertake utmost effort to provide services 24 hours a day, seven days a week, in line with standard industry practices and service standards.
   • Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, due to periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond NewMedia Express's control or which are not reasonably foreseeable by NewMedia Express, including but not limited to the interruption or failure of telecommunications systems or digital transmission links, hostile network attacks, network congestion or other failures.
   • NewMedia Express will notify Customer in advance via email or update the announcement section of our website and will undertake every reasonable effort to minimize any other disruptions and/or inaccessibility arising from the inoperability of its web servers. NewMedia Express will not assume responsibility for downtime arising directly from a user's irresponsible actions.

8. ILLEGAL MATERIAL. Customer shall not, in any way, use the services procured for the staging of any illegal, immoral or unethical acts. The hosting of, reference to or linking to any of the following material is not allowed:

   • Illegal Material: Includes Copyrighted Works, Commercial Audio, Video or Music files.
   • Adult Oriented Material: Includes Pornography, Obscenity, Erotic graphics/images, and Sex-related merchandise.
   • Warez: Includes Pirated Software, Hacking, Cracking, Hacker's or Cracker's aids/tools
   • Spamming: The sending of mass, unsolicited emails for any purpose whatsoever while using our server is strictly prohibited.
   • The commercial distribution of MP3s, Music Files, Video Files, Softwares or any other type of files which require the usage of an inordinately high amount of bandwidth is strictly prohibited.
   • Malicious acts against an individual/group.
   • Threatening acts against an individual/group.
   • The promotion of Online Gambling
   • The breach/infringement of any applicable laws/regulations.

9. CHANGE OF PARTICULAR. It shall be the responsibility of the Customer to notify NewMedia Express in writing of any changes to the Customer's personal particulars in a timely manner.

10. PAYMENT TERM. The Customer agrees to pay service fees and any other fees in full promptly. Penalties will be incurred and shall be levied for overdue accounts. Services provided by NewMedia Express Pte Ltd to the Customer may be suspended or terminated if fees are not paid in full by their due date. NewMedia Express Pte Ltd shall not be held responsible in any way for any server/website downtime, loss of data or damages incurred by the Customer arising from the disruption of service due to outstanding service fees. An administrative fee of S$50 will be levied for re-activation of service.All fees inclusive of Government Tax. Our GST tax reference number: 200406609R.
    NewMedia Express reserves the right to charge you reasonable “administrative fees” or processing fees” for (i) tasks perform outside the normal scope of its Services (ii) additional time and/or costs incur in providing its Services.

11. CONTRACT BASIS. Payment shall be made in full and prior to the contract period. A renewal notice will be issued approximately two weeks prior to expiry of present service period for the following month's service; subsequently followed by a final reminder one week prior to the expiry date of present service period if no response is received to date. Customer must make full payment before the due date indicated in the final renewal notice. If no response is received from client by the due date, we will assume that Customer wishes to discontinue his Hosting services/plan with NewExpress Media. Hence, Customer's account will be terminated anytime. All reminders to make payment will be sent via email only. Customer shall not hold NewMedia Express Pte Ltd accountable for non-receipt of renewal notifications if Customer has not periodically updated NewMedia Express Pte Ltd with mailing/email address changes. We reserve the right to impose an S$50 administrative charge for re-activation of Customer's service account.

12. REFUND POLICY. We do not offer a refund policy for Dedicated Server Services / VPS Services / Premium Hosting Service. Customers are required to subscribe to a minimum service period of one month if they wish to procure NewMedia Express's Dedicated Server Services / VPS Services.

13. TERMINATION. NewMedia Express Pte Ltd reserves the right, at its sole discretion, to terminate the Customer's access to any or all services at NewMedia Express Pte Ltd without prior notice for any reasons, including and without limitation, if NewMedia Express Pte Ltd believes that the Customer has violated this agreement. The Customer may terminate this agreement by providing one (1) month written notice to NewMedia Express Pte Ltd. No refunds will be provided. Upon the termination or expiration of this agreement, the Customer agrees to settle in full all outstanding, unpaid fees remaining.

14. GOVERNING LAW. This agreement shall be governed by Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), and the Customer hereby agrees to submit to the jurisdiction of the Singapore courts. Customers of NewMedia Express Pte Ltd are required to comply with all local laws and regulations.

15. DISCLAIMER. NewMedia Express Pte Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NewMedia Express Pte Ltd has been advised of the possibility of such damages prior to their occurrence), resulting from: (i) the use of or inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Customer's transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will NewMedia Express Pte Ltd be held liable for any damages in excess of one hundred Singapore dollars (SGD$100.00). NewMedia Express Pte Ltd reserves the right to revise or review its policies at any time.

NEWMEDIA EXPRESS RESERVES THE RIGHT, AT ITS DISCRETION TO SUSPEND OR TERMINATE ANY ACCOUNT(S) DUE TO ACTS WHICH CONSTITUTE THE VIOLATION OF THE ABOVE TERMS, DEPENDING ON THE SEVERITY OF THE SITUATION WITHOUT PRIOR NOTICE TO THE CUSTOMER. NO REFUNDS FOR THE BALANCE TERM WILL BE MADE FOR ACCOUNTS TERMINATED DUE TO A BREACH OF THIS AGREEMENT.

If you have any questions or concerns relating to the above, please contact us.

NewMedia Express Technical Support is categorized into Three Levels:

First Level Queries handled by First Level Support Team (Tickets will be escalated to higher level support team if necessary.)	Any issues that does not require any setting configuration in the server: ✓ Email issues ✓ Account Password reset ✓ FTP issues ✓ DNS issues ✓ Technical inquiries ✓ cPanel issues
Second Level Queries handled by Second Level Support Team (Tickets will be escalated to higher level support team if necessary.)	Any issues that beyond the capability/scope of first level support. Any issues that does require some setting configuration in the server: ✓ Server IP modification ✓ Server PHP setting configuration ✓ Server Apache settings configuration ✓ Server Firewall configuration
Third Level Queries handled by Third Level Support Team (A circumvention or alternative solution will be given if the problem or issue is not able to be resolved.)	Any issues that beyond the capability/scope of second level support Any issues that related to NewMedia Express Backend Infrastructure: ✓ Backend network ✓ Backend storage Any issues that related to government project/services.
Server Reboot Queries handled by NOC Team	ONLY request sent from admin/authorized email will be entertained.

Services Definitions and Targets

Table below shows the service measures.

Measurement	Definition	Target
Availability	The percentage of time that the service is available minus the impact time from any events (scheduled or unexpected) other than loss of network or other contingencies	99%
Problem Response	The time required for a user to receive a response after submitting a ticket to support@newmediaexpress.com We aim to respond to all support requests within one hour. Response times may vary depending on the complexity of enquiry and current support request volumes.	✓ Critical - Will be published in our facebook page / nestatus.com ✓ High Priority - Within 10mins to 2 hours ✓ Medium Priority - Within 1 business day ✓ Low Priority - Within 2 business day
Problem Resolution Time	The time required for a user to receive a solution after a complete investigation. We aim to resolve all the issues within minimum period. Resolution Time may vary depending on the complexity of case and current support request volumes.	✓ High Priority - Within 1 hour to 4 hours ✓ Medium Priority - Within 1 business day ✓ Low Priority - Within 2 business days
Problem Circumvention (Alternative solution Time)	The time required for a user to receive a circumvention or alternative solution if the problem or issue is not able to be resolved.	✓ High Priority - Within 1 hour to 4 hours ✓ Medium Priority - Within 1 business day ✓ Low Priority - Within 2 business days

Support Resolution Priority

The problem resolution time shall be based on Priority. Priority should be based on impact and/or urgency. (Smaller digit indicates the higher priority, i.e. 0 as the highest priority)

Urgency / Impact	High	Medium	Low
High	0	1	1
Medium	1	2	2
Low	1	2	3

Urgency and Impact are categorized into three main categories:

Urgency	Definition
High	These are problems that: A) Affect the customers whom have signed Service-Level-Agreement (SLA) with NewMedia Express. B) Affect our premium services users. C) is solely caused by NewMedia Express.
Medium	There are problems that: A) Affect our managed-service users (Virtual Machine, Dedicated Servers) B) Affect our Business Hosting and Email Hosting services. (PR1, PR2, EM1, EM2, EM3, EM4)
Low	There are problems that: A) Affects Shared-Hosting service (LX1, LX2, LX3). B) Any Standard Admin Issues and requests.

Impact	Definition
High	These are problems that: A) Affect the system such that all users, or more than or equal to TWENTY-FIVE PERCENT (25%) of the users who are unable to perform their business functions. B) Halt the operation for more than 1 hour; or causes public alarm or create chaos; (Such as DNS hosting service). C) Result in IT security incidents such as hacking defacement or virus attack (more than or equal 25% users unable to login into applications). D) Storage failure affecting more than or equal to 25% users. E) Backend Network failure affecting more than or equal to 25% users.
Medium	There are problems that: A) Affect less than TWENTY-FIVE (25%) of the users who are unable to perform their business functions. B) Result in some impacts on the Customer or the Customer's ability to perform its function. C) Affect a particular process or system or function of the users for which there are existing alternatives bypassing the problem.
Low	There are problems that: A) Affect less than ONE PERCENT (1%) of the users who are unable to perform their business functions, and B) Have minimal or no impact on the Customer or the Customer's ability to perform its functions.

Standard admin issues and requests are listed as below:

cPanel Password Reset. Account Administration Contact Update. Domain Nameserver Update. Domain DNS update. Email Client Configuration. FTP Client Configuration.

Some example of the categorizing of the issue:

Issue	Urgency Level	Impact Level	Priority
cPanel account password reset	Low	Low	3
PR plan account hacked	Medium	Low	2
Shared-hosting storage server failure	Low	High	1
NewMedia Express core router failure	High	High	0

Support level and response time are not guaranteed in following circumstances:

1. Services that are not subscribed with NewMedia Express.
2. Failure of access circuits to the NewMedia Express Network, unless such failure is caused solely by NewMedia Express.
3. Scheduled maintenance and emergency maintenance and upgrades.
4. DNS issues outside the direct control of NewMedia Express.
5. Issues with setup of services with 3rd party software e.g. FTP, POP, IMAP, or SMTP.
6. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Privacy Policy and Terms of Use.
7. Customer's software causing a unreasonably high level of server resource usage.
8. E-mail or webmail delivery and transmission.
9. DNS (Domain Name Server) Propagation. Fully depends on individual Internet Service Provider.