Terms of Service
The Web Hosting Terms Of Service & Conditions Agreement ("Agreement") described on this website ("http://theunlimitedhost.com") below is effective the moment the Customer ("Customer") signs up for web hosting services and payment is received, or creates an account with TheUnlimitedHost ("Provider").
This Agreement may change during period of services offered. If this Agreement changes, each Customer will be notified via email of any changes for that Customer to review. If a Customer is violating this Agreement, they will be given a 24 hour period in which they will need to remove the material. If the material is not removed within the 24 hour period from notification, Client's account may be suspended. Refunds may or may not be given.
All Customers are subject to the following terms of service:
All services provided by Provider may be used for lawful purposes only.
The Customer agrees to indemnify and hold harmless Provider from any claim resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer or sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required.
Provider reserves the right to cancel, temporarily suspend or deny services to Customer at Provider discretion.
Provider reserves the right to deny web hosting to whomever it may think necessary, and at any time it may deem necessary.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We currently go through Paypal for all payments.
Customers are encouraged to pay by using Paypal as it is the easiest way to handle payment at this time; however, Paypal allows you to pay by credit card without setting up a Paypal account. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
15 Day Money-Back Guarantee
Provider offers a 15 day money-back guarantee to any Customer who signs up for web hosting. This gives Customer a chance to test out Provider's services to see if they're right for Customer. If Customer is not happy with Provider's services in a 15 day period, Customer will receive a full refund. (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration, Dedicated IP Address, and SSL Certificate fees are nonrefundable).
If you do not comply with the this Agreement, Provider reserves the right to suspend and/or terminate Customer's account without any notification. If Customer's account is suspended and/or terminated because of violating Agreement, Customer will not be entitled to any refund. Additionally, any advance fees paid will not be refunded.
The amount Customer pays for hosting will never increase from the date of purchase. Provider reserves the right to change prices listed on http://theunlimitedhost.com, and the right to increase the amount of resources given to plans at any time.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for the renewal of service within 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy:
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.
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 Provider servers This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Provider reserves the right to determine what is and what isn't acceptable for our servers.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Provider and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Provider shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Provider. Customer further acknowledges that the Provider's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Provider 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, and trafficking in obscene material is prohibited.
Certain types of content are not allowed on our network. We do not host pornographic 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 terminated due to content or AUP violation are not refunded under any circumstances.
Content NOT allowed/prohibited on any of the Provider's servers include, but are not limited to:
- Telnet or SSH Access Scripts
- nph-proxy (and other scripts what operates like proxy)
- UBB (Ultimate Bulletin Board, all versions)
- FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
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.
Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed, extra charges will be assessed based on resources or system maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $15 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
Provider has a strict no spam policy. Customer must comply with the CAN-SPAM law. If customer is unsure of the provisions of this law, click the link below.
The CAN-SPAM Act
Customer must send email in a way that respects the stability of our network and allows other Customers to use Provider's services. If Provider determines that Customer use of email affects Providers network or other Customers, Provider may suspend Customer's account until corrections are made.
Provider reserves the right to completely disable any and all email services for accounts that fail to comply with this policy.
Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
Provider shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Provider servers going off-line or being unavailable for any reason whatsoever. Furthermore, Provider 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 Provider's servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
Provider 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 were functioning. Certain services provided by Provider are resold. Thus, certain equipment, routing, software, and programming used by Provider are not directly owned or written by Provider. Moreover, Provider 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 Provider sees fit. FURTHERMORE, Provider retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Unlimited Hosting Policy
Provider allocates Customers an unlimited amount of and bandwidth with every account; as well as, unlimited disk space for the Ultimate plan, but with restrictions. The unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted. An account suspension may result if any non-relevant files are found on any clients account, or if any clients usage is causing server issues including, but not limited to: downtime, high load, and high memory usage.
Abuse Towards Provider
At Provider, Customers are treated with respect and in return Provider expects to be treated well. If Provider feels as if Customer is being disrespectful or demeaning to any staff members, Customer's account may be suspended. If suspended, Customer will be given one week (7 days) to move to a new host. After this time period, Provider reserves the right to completely remove/terminate Customer's account. customer will not be entitled to any refunds. However, refunds may be issued for advanced payments.
Server Abuse/Customer Abuse
Any attempted attack against any Provider server and/or Customer being hosted by Provider will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending Customer.
Violation of Provider Agreement
Failure to fully comply with Provider's Agreement may result in an immediate suspension and/or terminated without any refund. There will be no refunds for advanced payments. Whilst being hosted by Provider, Customer must adhere to Agreement. If Customer is not sure about anything, please contact Provider via Provider's customer support portal (client area) for clarification.
Provider reserves the right to remove/suspend any account without notice of Agreement is violated. If Customer violates Provider's Agreement, Provider will either give Customer warning or immediately terminate/delete Customer's account. No warning is required.
Disclosure to law enforcement
Provider may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Provider will cooperate fully with law enforcement agencies.
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