This agreement is made between you and UltraHost.US, a subsidiary of Anoetic Concepts.

UltraHost.US will never sell or give away your email address or other personal information from our database. For a complete disclosure of our privacy policy, please review our privacy policy.

By using our services in any manner whatsoever, you agree to the following terms and conditions:

Your email address is considered contact information for any account you register. It is your responsibility to keep your email address current. Failure to do so may result in a termination of your account. Refer to our privacy policy for more information about updating your personal data.

UltraHost.US reserves the right to change this document at any time as well as the services offered and the nature and specifications of the actual services. You will be notified by email of any changes to these terms which impact current users. Continued use of the service constitutes acceptance of the revised terms.

Net Abuse Policy

Any attempts to undermine or cause harm to the UltraHost.US equipment, network, operations, or clientele is STRICTLY prohibited. UltraHost.US will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of UltraHost.US, is prohibited. This includes, but is not limited to:

• Denial of Service Attacks (DOS/DDOS)
• Unnecessary Port Scans
• Mail Bombing
• Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.

We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the UltraHost.US network, or spamvertising (unsolicited advertising of) sites hosted on the UltraHost.US network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1. The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
2. Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If UltraHost.US approaches a client for evidence of confirmation, this request must be honored within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate suspension or termination.

Additionally, if such actions have caused mail servers or IP address ranges on the UltraHost.US network to be blacklisted, UltraHost.US reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Legal

Services or equipment provided by UltraHost.US may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any local, state, provincial, federal, or international laws which may apply to UltraHost.US, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

You agree to indemnify, defend, and hold harmless UltraHost.US from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly and/or indirectly from your use of the service which damages either you, UltraHost.US, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account with UltraHost.US.

UltraHost.US reserves the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service without notice if you engage in any conduct or activities that UltraHost.US in its sole discretion believes violates any of the terms and conditions contained herein. UltraHost.US shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. If UltraHost.US exercises it's right of refusal under these terms, you will forfeit your rights to a refund...and none will be given. There are no refunds for advance payments, on suspended or terminated accounts.

Additionally, if a service is suspended, the client may be required to pay a reactivation fee of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by UltraHost.US.

You agree that UltraHost.US has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. UltraHost.US reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

UltraHost.US reserves the right to monitor any and all communications through or with our facilities. You agree that UltraHost.US is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

UltraHost.US makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by UltraHost.US or its agents or employees shall create a warranty.

UltraHost.US provides no warranty that the service will be uninterrupted or error-free. We assume no liability, expressed or implied, for any downtime for any reason.

You understand that by placing information on UltraHost.US's servers that such information becomes available to all Internet users and that UltraHost.US has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of UltraHost.US's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through UltraHost.US or on the Internet generally.

If you are dissatisfied with UltraHost.US or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You agree that you are the person legally responsible for the use of the account and are at least 18 years of age or have your parent's or legal guardian's permission before using our service.

You agree to adhere to these system policies as published online along with any documents specifically linked with that document and mentioned as part of system policy, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at UltraHost.US. You agree to abide by any and all future UltraHost.US decisions.

This agreement supersedes any written, electronic, or oral communication you may have had with UltraHost.US or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Security

You agree that the security of your service is solely your own responsibility. You further agree that if you believe the security of your service has been compromised in any way, you will notify UltraHost.US immediately. You shall be held fully responsible for any misuse or compromise to your service for which UltraHost.US is not properly notified.

You understand that we advise against providing or sharing access to your service with any third party, and that you are responsible for any use of your service by any party to whom such access has been provided.

You agree that if any security violations are believed to have occurred in association with your service, UltraHost.US has the right to suspend access to the service pending an investigation and resolution. You also agree that UltraHost.US has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in service suspension and will be immediately reported to the appropriate authorities.

Content Guidelines

Legal adult content is permitted on all UltraHost.US servers. The viewing/downloading or possession of such information/data by UltraHost.US clientele is not governed by UltraHost.US policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Sites that promote any illegal activity or content that may be damaging to UltraHost.US servers or any other server on the internet are prohibited on any UltraHost.US server. Links to such materials are also prohibited.

Examples of unacceptable content include, but are not limited to:

• Copyrighted media, without authority to distribute or display
• Unlicensed applications
• Cracking programs or key generators
• Child pornography or kidnapping material
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
• Terrorist propaganda, racist material, or bomb/weapon instructions
• Virus/Virii, Spyware, Malware, or other infectious material
• Material protected by trade secret or other statute

Additionally, UltraHost.US prohibits:

• IRC and associated programs (including psybnc, "bots", etc.)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harrassing, or obscene content

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

Shared Hosting Services

All web sites hosted on our servers are for web site use only. Our servers are not intended for use as file servers for downloads of zips, MP3s, etc.

UltraHost.US does offer unlimited web space with our Ultimate hosting plan. The intention of UltraHost.US is to provide a large space to serve web documents, not an offsite storage area for electronic files. All your downloadable files or files stored on the server have to be available for download via an HTML document stored on the Internet in a publicly or privately accessible area or via anonymous FTP if applicable. Web sites that are found to contain either no html documents or a large number of unlinked files are subject to warning, suspension or termination at the sole discretion of UltraHost.US management.

Clients subscribing to our "Ultimate Hosting Plan" will have no limits placed on either disk space or bandwidth within their hosting control panel. However, each Ultimate plan account is based on an average usage of 1 GB disk space and 30 GB bandwidth per month. Accounts which significantly exceed either of these limits in any given month or regularly exceed these limits on a monthly basis will be subject to an "excessive usage" fee at the discretion of UltraHost.US as follows: Disk usage above the 1 GB allocation will be assessed a $5 monthly fee per additional 1 GB of disk space rounded up to the next GB. Any bandwidth utilization beyond 30 GB per month will be billed at the rate of $3 per GB rounded up to the next GB. Clients subscribing to the Ultimate plan agree to be responsible for these additional fees if these limits are exceeded.

Misuse of Account Features

Operating any service which makes an account feature available to third parties for any use other than normal access to that account's web site is forbidden. Operating any service which enables or assists anonymous or abusive behavior by third parties is forbidden. Operating any service which affects the stability or reliability of any UltraHost.US server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden.

This includes but is not limited to third party access to CGI services, database hosting, counters, banner exchanges, autoresponders, mailboxes, mail forwarding, mail filtering, and content publishing systems. All account features are to be used solely in order to develop and implement the web site(s) associated with that account.

This means that, for example, you cannot:

• resell autoresponders to third parties
• run a service like hotmail.com
• run a service like pobox.com
• run a service like tripod.com
• run a service like linkexchange.com
• run a service like thecounter.com
• run CGI scripts for other sites
• host a remailer

Backup of Data

Your use of the service is at your sole risk. UltraHost.US is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on UltraHost.US servers.

Payment Policies

All accounts are set up on a pre-paid basis. UltraHost.US reserves the right to change prices at any time. All pricing is guaranteed for the term of pre-payment.

Unless other terms have been agreed upon, any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. You are responsible for all money owed on the account from the time it was established to the time that you contact UltraHost.US in online writing with a request for termination of services. All payment is in U.S. currency.

Account Termination

You can close your account at any time by sending email to Support@UltraHost.US requesting account termination. Termination becomes effective at the end of the current prepaid period.

Refunds

Hosting prepayments are nonrefundable and all sales are final. You must request cancellation prior to the beginning of your next billing cycle to prevent charges from being assessed.