> Conditions

 

United States Web Host provides Internet World Wide Web Page Hosting and Domain Registration. United States Web Host has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

United States Web Host general policy is to act as a provider of Internet presence. United States Web Host has specific ethical concerns regarding the use of its computers detailed below. United States Web Host reserves the right to suspend or cancel a customer's access to any or all services provided by United States Web Host when we decide that the account has been inappropriately used.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of United States Web Host is strictly prohibited.

Unauthorized use of other people's accounts or computers United States Web Host will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a United States Web Host customer, whether or not the attacked account or computer belongs to United States Web Host , will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE -United States Web Host has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by United States Web Host. to be unacceptable use of United States Web Host's services including abuse of server resources.

Accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
Displaying material that exploits children under 18 years of age
Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, cracker utilities, or any type of obvious online scams.

Unsolicited Email (Spam)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with United States Web Host will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with theUnited States Web Host Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a Java chat room that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server
We do not allow clients to send more than 200 pieces of e-mail per day. If you do send more than 200 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 200 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $100.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support@unitedstateswebhost.com to have your domain moved.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. United States Web Host reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 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 United States Web Host by filling out the cancel form to request for termination of services. All payment is in U.S. currency. United States Web Host will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All United States Web Host accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. United States Web Host will not issue any refunds without having the opportunity to first rectify whatever problem the customer is having via one of our various online contact methods.

Cancellation
United States Web Host reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by United States Web Host if United States Web Host institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

Intellectual Property Rights
Material accessible to you through United States Web Host services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use United States Web Host or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the United States Web Host network. If you use a domain name in connection with United States Web Host or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security
Customers may not use the United States Web Host network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. United States Web Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching
You expressly (i) grant to United States Web Host a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by United States Web Host under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership
United States Web Host shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by United States Web Host and United States Web Host reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration
Customer agrees to pay United States Web Host prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the United States Web Host price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. United States Web Host reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from United States Web Host to the email address indicated in Customer's registration application. ONLY In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by United States Web Host ) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to United States Web Host as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. United States Web Host will reinstate Customer's domain name registration solely at United States Web Host's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Of course if there is no chargeback or credit problems you (the customer) will remain the owner of the domain name. The fee for domain name renewal if your with another web hosting company will be $35.00. Transfers will also cost $35.00 to another registrar.

Backups
Customer is responsible for backing up all files to there web site in the event of an extremely rare server failure. In the event this does take place you will be notified when and how to re-upload all your files.

Lawful Purpose
United States Web Host reserves the right to refuse service to anyone. Customers may only use United States Web Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of United States Web Host management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Suffolk County, New York, and any dispute will be litigated or arbitrated in Suffolk County, New York. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Suffolk County courts. IN NO EVENT SHALL United States Web Host MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.

Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD United States Web Host HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST United States Web Host, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS United States Web Host AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH United States Web Host's SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM United States Web Host's SERVER.

Disclaimer
United States Web Host WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. United States Web Host MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. United States Web Host DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY United States Web Host AND ITS EMPLOYEES.United States Web Host RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.


Privacy Statement
United States Web Host follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.

 

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