Uptohost T.O.S.!

POLICY AND SERVICE GUIDELINES

Uptohost provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on Uptohost serve

Content:
All services provided by uptohost may 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless uptohost from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all uptohost servers. This includes sites that may infer sexual content, or links to adult content elsewhere. uptohost will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to uptohost servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
1. Pirated software
2. Hacker programs or archives
3. Warez sites
4. Any Site that consumes more than 10% of system resources

Uptohost will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an uptohost server or using an email address or domain that is maintained on an uptohost machine as reference is STRICTLY prohibited. uptohost will be the sole arbiter as to what constitutes a violation of this provision.

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

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

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of uptohost is strictly prohibited.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
All Sub-Networks, distributive hosting sites and dedicated servers of
uptohost must adhere to the above policies.

BILLING:
Recurring Billing:
All credit cards are billed automatically monthly. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.

Account Deactivations:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.

30 Day Money Back Guarantee/Refunds:
Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, uptohost will refund your hosting fee.

Cancellation Refunds:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded.
**Please note: Domain Name Registration fees WILL NOT be refunded.**

REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:
uptohost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from uptohost servers going off-line or being unavailable for any reason whatsoever. Furthermore, uptohost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of uptohost servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to
abuse@uptohost.com

All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate
account deactivation.

DISCLAIMER:
uptohost cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by uptohost are resold. Thus, certain equipment, routing, software, and programming used by uptohost are not directly owned or written by uptohost. Moreover, uptohost holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as uptohost sees fit.

ACCOUNT ACTIVATION:
By activating your account with uptohost, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE, uptohost retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.

NOTICE
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $55.00 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions.

30 Day Money Back!
It's simple really, if for any reason you are not happy with our service during the first 30 days after your signup, we will return your money in full.
Risk Free Hosting!