UnlimitedNet Hosting agrees to provide and furnish services to the subscriber, subject to the following Terms of Service (TOS). Use of the UnlimitedNet Hosting service constitutes acceptance and agreement to both our Acceptable Use Policy (AUP) and our Terms of Service (TOS).
All provisions detailed in this contract are subject to the provided Terms of Service (TOS) and Acceptable Use Policy (AUP). We reserve the right to make changes to the provided Terms of Service (TOS) or Acceptable Use Policy (AUP) as needed, without notice to our clients. Changes made to our TOS or AUP does not constitute early contract termination or non-payment.
1. Delivery of Services and Terms
1.1 Delivery of Services
Customer agrees to pay UnlimitedNet Hosting the fees charged by UnlimitedNet Hosting for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay UnlimitedNet Hosting the fees charged by UnlimitedNet Hosting for Supplemental Services, and hereby authorizes UnlimitedNet Hosting to perform such services on its behalf. All supplemental services are provided on an 'as is' basis and exclude warranties of any kind, whether express or implied in accordance with UnlimitedNet Hosting's current policies and prices.
1.2 Term
(a )Term Commencement. The term for each Service will commence on the Service Commencement Date.
(b) Renewal Term(s). Upon expiration of the Initial Term, the term shall be extended automatically for a period of thirty (30) days ("Renewal Term"), unless and until either party gives the other no less than thirty (30) days' written notice of a termination. The termination of any Service will not affect Customer's obligations to pay for other Service(s). This is not applicable to domain name registration.
2. Fees and Payment Terms
2.1 Fees and Expenses
Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer related to Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with then current UnlimitedNet Hosting prices and policies.
(a)Surcharges
* Adult website surcharge: Adult websites will be subject to surcharges based on content and/or resource usage.
2.2 Payment Terms
On the Service Commencement Date for each Service, Customer will be billed (the "Initial Bill") an amount equal to ((i) all non-recurring charges indicated in the Order Form(s) and (ii) the monthly recurring charges for the first month of the term prorated for the number of calendar days remaining in such month. Subsequent monthly billing will occur on the first day of each calendar month of the term. Monthly recurring charges for all months will be billed (the "Recurring Bill") in advance of the provision of Services. If you cancel your PayPal subscription your hosting will also be cancelled. All other charges for Services received and expenses incurred for Supplemental or Professional Services during a month (e.g., bandwidth usage fees) will either be billed immediately or at the end of the month in which the Services were provided. Payment for all fees is due upon receipt of each UnlimitedNet Hosting invoice. All payments will be made in U.S. Dollars. Notwithstanding anything to the contrary in this Agreement, UnlimitedNet Hosting expressly reserves the right to alter, change or amend its billing practices in its sole discretion, including, but not limited to, the date on which such billing will occur and the types of charges that will be included in such bills.
2.3 Suspensions and Termination
Any payment not received within seven (7) days of the invoice date of the Initial Bill, UnlimitedNet Hosting reserved the right to suspend the account or terminate service without any notice.
2.4 Account Cancellations
Account cancellations must be made at least 7 days in advance via e-mail with all customer details (i.e. billing & account). Any missing information may delay the cancellation of your account. UnlimitedNet Hosting will not be responsible for additional charges made if missing data is found.
3. Intellectual Property Ownership
This Agreement does not transfer from UnlimitedNet Hosting to Customer any UnlimitedNet Hosting Technology, and all right, title and interest in and to UnlimitedNet Hosting Technology will remain solely with UnlimitedNet Hosting. This Agreement does not transfer from Customer to UnlimitedNet Hosting any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. UnlimitedNet Hosting and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.
4. Limited Warranties
4.1 Limitation
Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow UnlimitedNet Hosting's AUP and other policies or otherwise breaches the Agreement in any respect.
4.2 No Other Warranty
UnlimitedNet Hosting does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there from at customer's own risk. The services are provided on an 'as is' basis, and customer's use of the services at its own risk. Except as provided in the order form(s), UnlimitedNet Hosting does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. UnlimitedNet Hosting does not warrant that the services will be uninterrupted, error-free or completely secure.
4.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
UnlimitedNet Hosting does not and cannot control the flow of information to or from UnlimitedNet Hosting network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer's connections to the Internet (or portions thereof). UnlimitedNet Hosting cannot guarantee that such events will not occur. Accordingly UnlimitedNet Hosting disclaims any and all liability resulting from or related to such events.
5. Customer Obligations
5.1 Warranties of Customer
(a) General. Customer represents and warrants that (i) Customer is at least eighteen (18) years of age; (ii) Customer possesses the legal right and ability to enter into this Agreement, and (iii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Rules and Regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other UnlimitedNet Hosting customers' use of UnlimitedNet Hosting services. Customer assumes all risks related to processing of transactions related to electronic commerce.
Examples of items specifically prohibited, but not limited to:
* Download sites of 3rd party music, and/or videos, and/or software, and/or data
* Distribution of software to download 3rd party music, and/or videos, and/or software, and/or data
* Hate sites
* File sharing sites
* Hacking in any way shape or form
* Child pornography or any pornography deemed illegal
(b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, UnlimitedNet Hosting will have the right, in its sole discretion, to suspend or terminate immediately any Services.
5.2 Server and system abuse (Only applicable to Shared Hosting, Reseller Hosting accounts)
Customer is prohibited to run any process that requires more than 10 times of other users' average server resources for 60 minutes or causing the server unstable. Any attempts to undermine or cause harm to a UnlimitedNet Hosting server, or any customer of UnlimitedNet Hosting is strictly prohibited. Any sub-networks of UnlimitedNet Hosting, and all dedicated servers, must adhere to the above policies. Failures to meet, or follow any of the above guidelines, are grounds for account deactivation. We reserve the right to remove any account without prior notice, if we have reason to believe that any of the terms outlined in this Agreement, are violated.
6. Limitations of Liability
IN NO EVENT SHALL UnlimitedNet Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE UnlimitedNet Hosting SITE OR ANY UnlimitedNet Hosting SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL UnlimitedNet Hosting's CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAT THE CLIENTS ASSOCIATED HOSTING FEE (LESS SET-UP FEES, DOMAIN REGISTRATION, AND OVERAGES).
7. Indemnification
You agree to indemnify, defend, and hold harmless UnlimitedNet Hosting from any and all liabilities, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action and/or claims caused by or resulting indirectly from your use our services.
8. Termination
8.1 Termination without Cause during Renewal Term
This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than thirty (30) days' prior written notice of termination. No matter which party terminates the Agreement pursuant to this Section 8.1, any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due, and Customer shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such thirty (30) day period. UnlimitedNet Hosting may terminate the service by providing fourteen (14) days notice to customer.
8.2 Termination for Cause
In addition to any other rights it may have under this Agreement or applicable law, UnlimitedNet Hosting may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) Non-payment of services within 7 days of invoice date, or (ii) Customer's breach or failure to comply with any other obligation of Customer under this Agreement including, but not limited to, its failure to comply with any of the terms of the AUP or other policies of UnlimitedNet Hosting. Customer may terminate this Agreement if UnlimitedNet Hosting breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of same. If this Agreement is terminated by UnlimitedNet Hosting under this Section 8.2, all remaining monthly recurring and other charges specified on the applicable Order Form(s) for the balance of the then current term shall immediately become due and payable. In addition to the foregoing, UnlimitedNet Hosting reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules and Regulations or which UnlimitedNet Hosting believes in its sole discretion to be illegal or potentially harmful to others or may expose UnlimitedNet Hosting to harm or liability.
9. Cancellation and Refunds
9.1 Cancellation
UnlimitedNet Hosting reserves the right to cancel the account at any time.
Customers may cancel at any time. Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitled to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. UnlimitedNet Hosting reserves the right to determine the definition of first-time account.
9.2 Money back Guarantee
We reserve the right to refund a prorated amount or no refund at all.
Each of UnlimitedNet Hosting's managed shared, and reseller plans carries a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is ONLY for monthly shared or reseller packages.
10. Downtime
Is defined as any UnlimitedNet Hosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice. Downtime refunds work as listed on this page.
11. Disclaimer of Warranty
THE SERVICES, THE UNLIMITEDNET HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE UNLIMITEDNET HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. UNLIMITEDNET HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNLIMITEDNET HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. OUR 1 HOUR RESPONSE TIME GURANTEE ONLY APPLIES IF THE OPERATOR SHOWED UP FOR THEIR SHIFT. IF NO OPERATOR SHOWED UP FOR THIER SHIFT, THEN THE 1 HOUR RESPONSE TIME GUARANTEE DOES NOT APPLY.
12. Terms of Service Changes
UnlimitedNet Hosting reserves the right to change the terms set forth to our clients at any time, without any form of notice to our clients, non-clients, or general public. At all times customers are bound to the terms set forth. In no event shall UnlimitedNet Hosting or its Staffs' lack of enforcement of these terms constitute a waiver of these terms at any time.
Refund Policy:
All hosting payments To Unlimited Net Hosting Are Non-Refundable, under no circumstances are we obliged to offer refunds.
Acceptable Use Policy:
UnlimitedNet Hosting's Acceptable Use Policy (AUP) is provided to give our customers a clear understanding of what UnlimitedNet Hosting expects of them while they are using our service(s).
The use of UnlimitedNet Hosting services represents acceptance and agreement to UnlimitedNet Hosting's AUP as well as UnlimitedNet Hosting's Terms of Service (TOS).
We accept your use of our service; therefore we do not actively monitor activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our Terms of Service, we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate this Acceptable Use Policy. UnlimitedNet Hosting reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of this AUP may result in the suspension or immediate termination of your UnlimitedNet Hosting account and/or services.
We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.
You may not use your hosting account to circulate matters, which UnlimitedNet Hosting determines, at its sole prudence, to be illegitimate, licentious or abhorrent. For purposes of this policy, "matters" refer to all forms of connections including narrative descriptions, graphics (including photographs, illustrations, images, drawings and logos), executable programs, video recordings and audio recordings.
If a UnlimitedNet Hosting account is used to violate our AUP or our TOS, we reserve the right to cease your service without notice. We prefer to advise customers of inapt activities and any necessary corrective action. However, blatant violations of the AUP will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.
As a member of our hosting community, you must use your hosting account access responsibly.
VIOLATIONS OF UnlimitedNet Hosting ACCEPTABLE USE POLICY:
The following represent violations of this AUP:
Illegal Use: UnlimitedNet Hosting's services may not be used for illegal purposes; such as warez, mp3 files (that you are not the rightful owner of), cracks, and any other forms of copyrighted material that you are not legally allowed to use/distribute. Support of illegal activities is also considered a violation. UnlimitedNet Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to Others: Use of the UnlimitedNet Hosting service to harm, or attempt to harm, minors, or any other being, in any way, including, but not limited to child pornography.
Threats: Use of the UnlimitedNet Hosting service to transmit any material (by e-mail, chat, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of other websites, property, or being.
Harassment: Use of the UnlimitedNet Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another website, property, or being.
Fraudulent Activity: Use of UnlimitedNet Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person, property, or website by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not represent impersonation.
Unsolicited Commercial E-mail / Unsolicited bulk E-mail (SPAM): Use of the UnlimitedNet Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending UnlimitedNet Hosting account.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending UnlimitedNet Hosting account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the UnlimitedNet Hosting service is in violation of this AUP.
Usenet Spamming: UnlimitedNet Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized Access: Use of the UnlimitedNet Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of UnlimitedNet Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending UnlimitedNet Hosting account is subject to immediate termination.
Copyright or Trademark Infringement: Use of the UnlimitedNet Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.
Compliance with Law: Customer shall not post, transmit, retransmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Collection of Personal Data: Use of the UnlimitedNet Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. If planning to collect personal information about third parties, please use a privacy policy to inform users of the information collected.
Network Disruptions & Unfriendly Activity: Use of the UnlimitedNet Hosting service for any activity, which affects the ability of other people or systems to use UnlimitedNet Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. UnlimitedNet Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Malicious Code: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using UnlimitedNet Hosting services could result in suspension service.
Third Party Accountability: UnlimitedNet Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
IRC Policy: IRC Servers are not allowed.
Violation Of UnlimitedNet Hosting Accounts: Hosting adult content on our servers is allowed as long as you follow adult content laws for your state.
Security: Misuse of your account is of your responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for misuse of your account due to the authorized distribution of your password.
Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
Users who violate systems or network security may incur unlawful or civil liability. UnlimitedNet Hosting will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
UnlimitedNet Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of server resources in a manner, which impairs server performance, is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs excessively or which negatively impact other customers or the performances of UnlimitedNet Hosting systems. UnlimitedNet Hosting reserves the right to terminate or limit such activities.
REVISIONS TO THIS ACCEPTABLE USE POLICY
UnlimitedNet Hosting reserves the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements. Notice of any revision, amendment or modification will be posted in accordance with our TOS and/or Terms of Use
