Terms
of Service / Acceptable Use Policy
WebHostingUltra.com
(herein referred to as "WebHostingUltra") provides Internet World Wide
Web page hosting and e-mail services. WebHostingUltra has certain legal
and ethical responsibilities regarding the use of its computer network
and equipment involved in these services.
WebHostingUltra's
general policy is to act as a neutral provider of access to the global
Internet. WebHostingUltra has specific ethical concerns regarding the
use of its computers detailed below. WebHostingUltra reserves the right
to suspend or cancel a customer's access to any or all services provided
by WebHostingUltra should WebHostingUltra deem that the account has been
inappropriately used, even for events that are not specifically outlined
in this document.
WebHostingUltra
reserves the right to revise its policies at any time.
WebHostingUltra.com
(WebHostingUltra) provides web hosting services to subscribers around
the world. The following terms of service are designed to provide the
highest level of service available
Specific Acceptable Use Policies
Content
All
services provided by WebHostingUltra are to be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or material in violation of any United States Federal, State or Local
law is prohibited. This includes, but is not limited to: copyrighted
material, material we judge to be threatening or obscene, material
that jeopardizes national security, or material protected by trade
secret or other laws. The subscriber agrees to indemnify and hold harmless
WebHostingUltra from any claims resulting from the subscriber's use of
WebHostingUltra's services which damages the subscriber or any other party.
Note:
Pornography and sex related merchandising are prohibited on any WebHostingUltra
server. This includes sites that may imply sexual content, or link
to adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to WebHostingUltra
servers or any other server on the Internet. Links to such materials
are also prohibited.
- Examples of
prohibited content or links include (but are not limited to): IRC
Software
- Pirated software
- Hacking programs
or archives
- Warez Sites
- Distribution
of music files or any other material in which the account holder
does not own the copyright.
- Adult Sites
- Game Servers
(dedicated game server programs)
WebHostingUltra will
be the sole arbiter as to what constitutes a violation of this provision.
Content that does not meet these standards will be removed without prior
notice to the subscriber. Housing of any of the following files is considered
a violation of the terms of service:
- IRC - We currently
do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on
our servers or network. Files with references to IRC or any likeness
thereof are prohibited. Also any program that acts like an IRC
server or that provide chat functions that run as background processes
are not allowed.
- Proxies - We
do not allow proxy servers of any kind, whether for personal or
business use. Files with references to any proxy or likeness thereof
are prohibited.
- PortScanning
- We do not allow any kind of portscanning to be done on or from
our servers or network.
- phpBB Forums
- Due to numerous security issues with this software, phpBB ( phpbb.com )
software is forbidden on WebHostingUltra servers at any time (this
includes, but is not limited to, Add-On modules of phpBB to Nuke
or PostNuke software).
- PHP or CGI Shell
- PHP/CGI Shells or any likeness thereof are prohibited. Files
with any reference to PHP Shells or likeness thereof are prohibited.
- ShoutCast Servers
- We do not allow Shoutcast Servers due to bandwidth and load issues.
Commercial
Advertising - Email
We
at WebHostingUltra are proud to support responsible commerce on the Internet
- this is represented in our service offerings and unparalleled support.
However, it has become apparent that the same environment that has
helped this trend take off has also contributed to numerous cases of
fraud and abuse of network resources.
In
particular, "spam" has proven to be a major problem for many of our
customers and the Internet at large. Spam is a common slang term referring
to the sending of unsolicited email, instant messaging, or other communication
to a large group of people at once. Variations on this practice include
off topic (and usually promotional) messages on bulletin boards, guestbooks,
Usenet newsgroups, or chat rooms.
Spam
is strictly against our Terms and Conditions, and will result in a
$500 cleanup fee and the immediate disablement without refund of any
customers who are found to have used spam in conjunction with their
WebHostingUltra account. The following policy dictates in specific terms
what is considered acceptable use of bulk email by WebHostingUltra: Subscriptions
- Mailing list
subscribers must specifically opt-into the list they are subscribed
to. This applies to both new subscriptions and the bulk addition
of addresses already subscribed via other means. Confirmation is
handled using a single confirmation message sent to the subscriber's
email address. This mailing must contain a URL to the site's privacy
policy, a brief description of the mailing list, and a URL that
the user must follow to confirm the subscription.
- Mailing list
subscriber information must include the date and time that the
subscription was confirmed, as well as the IP address of the subscriber
at the time of the subscription. The user must be able to present
this information as requested, at WebHostingUltra's request. The account
holder agrees to furnish this information within 24 hours to WebHostingUltra
to allow WebHostingUltra to defend itself from potential blacklisting.
Failure to provide this information, as requested, may result in
account suspension.
- The nature of
email address use must be fully disclosed, either on the page the
subscription is made from or with a prominent link to (your) site's
Privacy Policy. It must be made reasonably clear how a user's email
address will be used and in what circumstances it will be shared.
- Lists cannot
be procured from outside parties unless the email sender has procured
a list from an organization that sells or otherwise shares email
distribution lists, and all of the following conditions are met:
- The selling
organization maintains a publicly viewable privacy policy
disclosing that such sales may occur.
- The privacy
policy is prominently linked to from the page the subscriber
signed up from.
- The privacy
policy has not changed substantially since the user signed
up.
- Records
are kept of the date, time, IP address, and form location
where the subscribing user signed up from.
- Lists
procured from outside parties must have been consistently
handled in a manner comparable to WebHostingUltra's policies.
- Users
cannot populate lists with addresses obtained for a substantially
different purpose than was originally disclosed to the user.
- All subscriptions
must be re-confirmed in the manner described in Subscriptions
(above) before being sent bulk email messages.
Mailing Practices
- Users must
not modify the headers of any message in such a way that purposefully
obfuscates the origin of the message.
- Undeliverable
addresses must be removed from all future mailings after no more
than 5 bounces.
- Users are responsible
for the practices of any affiliate program members they solicit
the help of, as if they were hiring an outside advertising agency.
- Users using
either outside advertising companies or 3rd party mailing programs
must abide by the same policies and practices as those using WebHostingUltra's
own bulk mailing list tools.
- All mailings
must provide clear and simple to follow instructions for opting-out
of future mailings, and all reasonable attempts must be made to
facilitate the removal of a mailing list subscriber at their request.
This must be included in EVERY MAILING. Bulk messages sent to BCC's
(Blind Carbon Copies) where the recipient is NOT identified are
forbidden.
Spamware
- It is strictly
prohibited in conjunction with your WebHostingUltra account to sell
software designed specifically to facilitate the practice of spamming,
phishing or pharming.
Other
- Predominately
promotional messages must not be posted to bulletin boards, discussion
forums, guestbooks, Usenet newsgroups, or any other similar service
unless the operator of that service explicitly allows such messages.
In the case of Usenet newsgroups, such messages must be specifically
allowed in that group's charter.
Suspensions
- WebHostingUltra
reserves the right to disable any account at any time should it
feel there is a reasonable suspicion that it is being used in conjunction
with the practice of spamming, "phishing" or "pharming".
- Customers must
substantially address all spam related inquiries by WebHostingUltra
personnel within 24 hours. Failure to respond may result in the
supsension of the user's account.
By
following these guidelines and respecting the privacy of your visitors,
you can gain much from the responsible practice of commerce online.
Of course, should you have any questions regarding the proper way to
use bulk email with your web site, please contact us for more information.
Server
Abuse
Any
attempts to undermine or cause harm to a WebHostingUltra server or subscriber
of WebHostingUltra is strictly prohibited including, but not limited to:
- Logging into
a server or account that you are not authorized to access
- Accessing data
or taking any action to obtain services not intended for you or
your use
- Attempting
to probe, scan or test the vulnerability of any system, subsystem
or network
- Tampering, hacking,
modifying, or otherwise corrupting or breaching security or authentication
measures without proper authorization
- Transmitting
material that contains viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines or engines with
the intent or effect of damaging, destroying, disrupting or otherwise
impairing a computer's functionality or the operation of the System
- Interfering
with, intercepting or expropriating any system, data or information
- Interfering
with service to any user, host or network including, without limitation,
by means of overloading, "flooding," "mailbombing," or "crashing" any
computer system
You
will be held responsible for all actions performed by your account
whether it be done by you or by others. All sub-networks of WebHostingUltra
and all dedicated servers must adhere to the above policies.
Scheduled
Maintenance and Downtime
WebHostingUltra
will use all reasonable 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 WebHostingUltra's control or
which are not reasonably foreseeable by WebHostingUltra, including the
interruption or failure of telecommunications or digital transmission
links, hostile network attacks, or network congestion or other failures.
WebHostingUltra
will provide at least 48 hours advance notice to the subscriber for
Scheduled Downtimes, and will use commercially reasonable efforts to
minimize any other disruption, inaccessibility and/or inoperability
of its web servers. WebHostingUltra has no responsibility for downtime
resulting from a user's actions.
Refunds
Refunds
will be granted within a FULL 7 Days from signup (per our 7 Day Money
Back Guarantee). Pre-Paid service, used or un-used is NOT REFUNDABLE
after above mentioned 7 Day refund period. Notice of cancellation must
be given within 72 hours of the next billing period to avoid un wanted
charges. Setup fees, domain registrations and add-on extras ARE NOT
REFUNDABLE FOR ANY REASON.
Any
violation of WebHostingUltra's Terms of Service Agreement shall result
in no refund.
Limitations
on Use
Any
account using 10% or more of the server CPU or memory can be suspended
and/or terminated.
Any
account that uses excessive amounts of bandwidth can and will be subjected
to bandwidth throttling.
Background
Processes. Unauthorized background processes shall result in immediate
termination of the account. WebHostingUltra maintains the right to cancel
accounts at its discretion.
Account
Setup, Termination, and Billing
All
accounts are set up on a pre-pay basis. All pricing is guaranteed for
the term of pre-payment. Once the customer signs up at that rate, that
rate is guaranteed to renew at the same price for as long as that account
remains in good standing.
WebHostingUltra
reserves the right to change prices at any time.
Payment
is due each anniversary month or period following the date the account
was established. Any account not brought current within three days
of e-mail notice or exceeding this time frame in any way is subject
to suspension. The customer is responsible for all money owed on the
account from the time it was established to the time that the customer
notifies WebHostingUltra in writing for a request for termination of services.
If
a chargeback is issued for hosting fees, for ANY reason, client agrees
to pay a $59 service fee and reverse the chargeback with their bank
before site will be restored or backup data is released.
All
payments are to be made in U.S. currency.
Overdue
Accounts
WebHostingUltra
attempts to contact all customers when invoices are pending. It is
critical that you keep email addresses up to date in your account.
Invoices
are considered overdue the day AFTER the anniversary date of the account
(Monthly or Yearly). At this point, the account is not in "good standing" and
will not be eligible to renew at discounted rates. Any "double" packages
will be lost. New quotas will correspond to the new package ordered.
The
steps we may take with overdue hosting accounts (not domain name registrations):
- We attempt
to contact the customer via Email prior to due date, and the day
AFTER due date.
- Invoices not
paid within 48 hours may result in site suspension. At this point,
the account is not in "good standing" and will not be eligible
to renew at discounted rates. Any "double" packages will be lost.
New quotas will correspond to the new package ordered.
- Invoices not
paid within 20 days will be cause for account termination. When
this happens, ALL data is removed from the servers, including any
backup copies we have. You will need to sign up as a new customer
if your account is cancelled.
Payment
Receipts
All
clients are advised to keep a copy of their payment receipts. It proves
you own your account, and may be requested at various times in our
helpdesk system. Only the authorized holder of the payment receipt
will be given passwords or usernames to your account. We won't release
the information any other way.
Cancellation
Procedure
Valid
proof of account ownership will be required to terminate an account.
This includes, but is not limited to, billing information in the form
of a partial credit card number or other payment information. Non-secure
information, such as the contact email address or account billing address,
is not sufficient as a security verification.
Courtesy
Services for Customers
All
services such as backup, and others are provided for the courtesy of
the subscriber. It is the sole responsibility of the subscriber to
maintain the subscriber's own backup of any data. WebHostingUltra is not
responsible for lost data or for lost data due to third party software
that is not maintained by WebHostingUltra programming staff.
Indemnification
Client
agrees to defend, indemnify and hold harmless WebHostingUltra against
any liabilities arising out of defective products sold to customers
from WebHostingUltra servers, personal injury or property damage caused
by products or services sold or distributed from WebHostingUltra servers,
any material that infringes or allegedly infringes on the rights of
a third party available from WebHostingUltra servers, and any material
that libels or allegedly libels a third party available from WebHostingUltra
servers.
Disclaimer
WebHostingUltra is not responsible for any damages to any client's business. WebHostingUltra
makes no warranties or guarantees of any kind, expressed or implied for
services that we provide. Use of WebHostingUltra's web hosting and email service
is at the client's sole risk. WebHostingUltra's services are provided on an "as
is, as available" basis.
WebHostingUltra
does not guarantee that our services will be uninterrupted or error
free. WebHostingUltra will provide every effort in good faith to ensure
that its services are available to as many Internet users as possible
with minimal service interruptions.
In
no circumstance will WebHostingUltra be liable for any claims resulting
from the use or inability to use WebHostingUltra's services - including,
but not limited to, service interruptions, client errors, Internet
connectivity problems, miscommunications, unauthorized access to WebHostingUltra
servers, InterNIC problems, DNS caching, Internet bandwidth congestion,
power failures, vandalism, and natural disasters.
General
Terms
Of Service are subject to change without any prior notification.
These
Terms of Service are a legally binding contract between the subscriber
and WebHostingUltra.
By
opening an account, the subscriber agrees to the above-stated terms.
Anything
not listed in the Terms of Service is open to interpretation and change
by WebHostingUltra administrators without prior notice.
All
prices, with the exception of the 7-day money back guarantee, are nonrefundable
and nonnegotiable.
Any
violation of these Terms of Service will result in termination of the
account. WebHostingUltra maintains the right to terminate accounts without
prior notification.
GOVERNING
LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED
IN ACCORDANCE WITH THE LAWS OF NEW YORK STATE AND THE FEDERAL LAWS
OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT
MUST BE BROUGHT IN SCHENECTADY COUNTY NEW YORK AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
INFANCY.
You attest that you are of legal age to enter into this Agreement.
We will not knowingly provide service to any user under the age of
13.
ACCEPTANCE
OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE
NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT. |
