Terms of Service - Updated 11/01/2014


USHost247 provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of USHost247 are subject to the following terms of service:


Indemnification Policy

You agree to use all USHost247 services and facilities at your own risk. USHost247 specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall USHost247 be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold USHost247 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against USHost247, 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 USHost247 against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with USHost247's server.

USHost247 reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from USHost247's server. USHost247 shall be the sole judge of what violates this Policy.


Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable). "Within your first 30 days" means first 30 days of being a client of USHost247 with an active service. Repeat signups do not qualify for a refund.

We accept Visa, Master Card, American Express, Discover Card. Clients are able to pay via credit/debit cards as well as PayPal.

Funds added to client center account are non-refundable. Funds added to accounts will be automatically used when invoices are created for the user's account.

Account orders that include a free domain only qualify for partial refund if the said client requests a refund. The refund will only include the services portion of the order; as we do not reverse domain orders. The domain will still be the client's that ordered the domain.


Late Payments:

All accounts are billed according to the dates they were first activated on. If you do not pay for service renewal within 3 days after invoice is due, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated from the server. Once terminated, there is no recovery. You will receive an email reminders about overdue invoices. A late fee of 10% will be added to your invoice if you pay late 3 days or longer. A late fee will be no less than $5.99.


Acceptable Use Policy:

All services provided by USHost247 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 USHost247 and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all USHost247 servers. This includes sites that include sexually explicit or hardcore images and/or advertising.


Unacceptable Material:

 

NOT ALLOWED ON ANY SERVER OF USHOST247

IRC Scripts/Bots 

Proxy Scripts

Pirated Software/Warez Related

Image Hosting Scripts (like TinyPic, Imgur)

AutoSurf - Paid to Click / ETC

IP Scanners

Bruteforcing Programs/Scripts

Mail Spammers

File Dump/Mirroring Scripts

Commercial Audio Streaming

High-Yeild Investment Programs (HYIP)

Sales of any controlled substances without proof of licenses.

Prime Bank Programs

Real currency Gambling/Lottery

Hacker focused communities

Sites promoting illegal activities

Links to warez/pirated/illegal content

Fraud Sites / Phishing

Push Button Mail Scripts

Broadcasting of live sporting events (UFC, NASCAR, FIFA, MLB, NBA, WWE, WWF, etc)

Anonymous or Bulk SMS Gateways

Bitcoin Miners

IRC Servers

Hate content aimed at an individual/group/race

 

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Subscriber also understands that plans marked as "unlimited" are only considered "unmetered". Accounts marked as "unlimited" are in no way allowed to be used for file storage/backups. Accounts that are found to be used as file storage will be suspended immediately without refunds. Subscriber is although allowed to use the unlimited account to be used in a correct manner. A correct manner would be such as the following: "A user's account is growing because of the popularity it is getting and the envolving new features the user may be offering on the website."

Subscriber accepts that if the account is suspended/terminated due to TOS violation/AUP violation there will be no refund. USHost247 will not refund a subscriber for abusing the server.


LIMITATION OF LIABILITY:

USHost247 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from USHost247 servers going off-line or being unavailable for any reason whatsoever. Furthermore, USHost247 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 USHost247 servers. All damages shall be limited to the immediate termination of service.

 

BACKUPS:

USHost247 offers backups of accounts as a courtesy. We strongly urge all account holders to obtain their own backups on any day they shall please. USHost247 takes backups 4 times a week; on Sundays, Tuesdays, Thursdays, and Saturdays. Backups are stored off server as well as on the local server. In an event of data loss, USHost247 will do everything possible to restore data back to the original. If for any reason an account holder's account can not be restored, USHost247 shall not be deemed at fault. If an account holder has a local backup at the time of data loss, the user may send the backup to USHost247 for account restoration.

 

TRANSFERS:

Our hosting team will make every effort to help you move your site to us. However, USHost247 offers account transfers as a courtesy to our clients and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company has different configurations on their servers, which may make it extremely difficult or impossible to transfer some or all account data. As always, we will do our best efforts to transfer your data to our servers. Free account transfers are provided on a best-effort basis. There are absolutely no guarantees or warranties for transfers performed by the USHost247 staff.

 

SPAM and Unsolicited Email:

USHost247 takes a zero tolerance approach to the sending of Unsolicited E-mail or SPAM through our network. This is very simple and straight forward. A customer may not use our network to send mass email to those that did not request the emails. Customers of USHost247 may not host, or permit hosting of, sites that violate this policy.Violations of this policy carry severe penalties, including termination of service.

Violation of USHost247 SPAM policy will result in severe penalties. When USHost247 is notified of an alleged violation of our SPAM policy, USHost247 will begin an immediate investigation (within 24 hours of notification). During the investigation, USHost247 may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, USHost247 may, at its sole discretion, restrict, suspend or terminate customer's account.

Any client found to be guilty of violating this policy will recieve an "Administration Fee" of $25. A second violation will result in an immediate termination of your account.

 

DISCLAIMER:

USHost247 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 USHost247 are resold. Thus, certain equipment, routing, software, and programming used by USHost247 are not directly owned or written by USHost247. Moreover, USHost247 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 USHost247 sees fit. FURTHERMORE, USHost247 retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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