1. You may not have any offensive material/images or language of any kind in publicly viewable pages, including but not exclusive to adult images/explicit language etc... However, you may do so IF you/they solely have such content in a membership only area. (e.g. password protected area) AND all members are warned of the content BEFORE joining;
2. Phishing is strictly not allowed, accounts engaged in phishing activity will be terminated immediately without any prior notice.
3. You are not permitted to host any websites/scripts/images which are illegal or suspected to be illegal/copyright infringements, (including but not exclusive to illegal downloads, torrents, warez, mp3, movies, etc);
4. You are not permitted to host any websites/scripts which may be considered as a high security threat to our servers, (including but not exclusive to IRC scripts, out of date scripts, e.g. scripts which spammers can easily hack for spamming etc);
5. You are not permitted to host backup/data storage accounts or any websites which drain the server resources to the detriment of other users. Such a website will probably result in instant suspension and a request to move it elsewhere, or in very severe cases the website will be terminated without prior notice;
6. Fair Usage Policy: The usage levels set for Unmetered plans are very generous such that most clients will not be affected by the policy. This prevents a single client from over crowding or over loading your server and will be for the benefit of you. Should you be notifed of excessive use, we will try to work out something fair for everyone. This policy is in place to ensure that all can enjoy a positive hosting experience;
7. We abide by U.S. trade embargo laws so we are not permitted to sell accounts to: Sudan, Syria, Cuba, North Korea & Iran;
8. Backups and Data Loss. Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. UpWebHosting is not responsible for files and/or 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 UpWebHosting servers;
9. You agree that we are not responsible for migrating/transferring/uploading/editing any website content whatsoever. Nor are we responsible for supporting third party scripts. We are hosting providers and are here to ensure the network is running smoothly at all times. No accounts are supplied with any website content and you are responsible for providing your own downloading and editing any free templates offered to you free with your purchase;
10. We take no responsibility for any false claims you may offer your clients/customers. We do not believe in such practices and would strongly advise that you do not mislead your clients/customers in any way;
11. The refund policy is not valid for orders less then 1 year.
12. Customer agrees that it shall defend, indemnify, save and hold UpWebHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against UpWebHosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless UpWebHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with UpWebHosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from UpWebHosting's server.
13. UpWebHosting shall not be responsible for any damages your business may suffer. UpWebHosting makes no warranties of any kind, expressed or implied for services we provide. UpWebHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by UpWebHosting and its employees.
BY PURCHASING HOSTING SERVICES FROM US, YOU AGREE TO AND ARE BOUND BY OUR TOS. FAILURE TO ADHERE TO ALL OUR TERMS CAN RESULT IN A WARNING, INSTANT ACCOUNT SUSPENSION, AND IN SEVERE CASES COMPLETE TERMINATION WITHOUT PRIOR NOTICE
UpWebHosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
We reserve the right to update our T.O.S. at any time without prior warning.