User Agreement & Acceptable Use Policy (AUP)
User Agreement and Acceptable Use Policy
The following words used in context of this agreement are defined as follows:
"Client": The person or entity who is applying for Website Hosting, Website Design or Website Management services
The Provider agrees to provide, and Client agrees to receive, access to the provider services according to the following terms and conditions:
1. Client will use the Website Host services in a manner consistent with any and all applicable state laws, laws of the U.S. Federal Government. International clients are also expected to follow the laws of their respective country.
2. Provider reserves the right, in its sole discretion, to deactivate the Client's Hosting account(s) upon an indication of credit problems including delinquent payments. Payment is due upon receipt of invoice.
3. The Provider Service is provided on an "As Is" basis. The provider gives no warranty, expressed or implied for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers.
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Website Hosting Services for any reason.
5. While Provider shall make every reasonable effort to protect data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider servers.
6. Client hereby agrees that any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated without warning by the provider. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. No refunds will be given for accounts terminated for these reasons.
7. Client hereby agrees that any material submitted for publication on provider through client or client's account(s) will not contain or promote anything that is or can be considered to be abusive or unethical. Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, animal abuse, violations of privacy, hate related material, computer viruses, spoofing scams, identity theft operations and any harassing and harmful materials or uses. Our Website Hosting plans are not appropriate for commercial streaming of music, video and commercial downloads and repositories. No refunds will be given for accounts terminated for these reasons. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the hosting account(s) or host server(s).
8. Accounts with unlimited space are not to be used for file storage unless files are part of a website or intranet that is active. Client is forbidden from utilizing bandwidth provided by or through Provider on any other website except one hosted specifically on computers owned by or provided through Provider. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the hosting account(s) or host server(s). No refunds will be given for accounts terminated for these reasons.
9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.
10. Use of distribution lists via unsolicited electronic mail (SPAM) is strictly prohibited. The Provider reserves the right to deactivate the Client's Host account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Host server account(s). No refunds will be given for accounts terminated for this reason.
11. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
12. Any and all I.P. numbers and addresses that may be assigned to Client are owned or leased by the Provider or any company that the Provider represents and Provider reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
13. PCI Compliance: Merchants that accept credit cards online are responsible for knowing, understanding and complying with PCI compliance requirements.
14. Cancellation: Website Hosting services can be cancelled at anytime by either party with or without cause. Monthly subscribers that cancel service can get a pro-rated refund. If paying for service on an annual basis there are no refunds after the first thirty days of service: credit is provided which must be used within three years of cancellation or it is forfeited. Changing domain name registration or the dns settings in your domain name registration to another provider or cancellation of a domain name registration is not notice of cancellation because you still have use of the account even after dns changes are made. Notice must be sent to email@example.com with the login and password associated with the account.
14b.Fees paid for domain name registration are not refundable. If your domain name is included with your website account and you cancel your website hosting account the pro-rated fee for your domain name registration is due at the time of cancellation.
14c.Website Management Clients agree to a service commitment for two years. If you are a Website Management Client and cancel before the end of that two year period a pro-rated amount for the remaining time of the agreement is due at the time of cancellation.
15. We reserve the right to charge a $10.00 late fee on charges not paid by the due date. When services are paid for by check service is provided subject to clearance of funds.
16. Website Hosting clients are able to install third party software solutions on all accounts. Provider does not warrant that any third party software will work unless that software is provided by Provider. Client is responsible for insuring that any third party software installed does not adversely effect the performance of the product as this is a shared environment. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the website hosting account(s) or host server(s). No refunds will be given for accounts terminated for these reasons.
17. We use a payment processor to process all transactions and all information that we send to the payment processor is encrypted, which will help protect it against disclosure to third parties. Your payment information including credit card information is stored on the PayPal servers. We will be glad to provide you with a receipt for all transactions and answer any question about security and this website. You do not need to have a PayPal account to obtain service from HighSpeedHostingSolutions.com You can also elect to pay us for service by check.
18. We do not sell or provide your email address to anyone unless under a court order to do so.
19. Optionally, we provide through a third party email sanitization services for the quarantine of suspected spam and viruses. It is the customers responsiblity to review the quarantined email and to take warranted action. E-Mail that is quarantined that should not be quarantined can be delivered by logging into your account at https://hshs.spamflare.com and taking the appropriate action. Account owners can designate one address to receive a daily report of quarantined email. You can opt out of this service at anytime by contacting us. Customers should always use software on there computers and personal devices for protection against viruses and malware.
20. We will promptly answer any question concerning this agreement or the terms of service.
21. HighSpeedHostingSolutions.com reserves the right to change this agreement at any time with or without notice. A current copy of the agreement will always be available through our website support area or it can be obtained by sending an E-Mail to firstname.lastname@example.org and requesting a copy.