UPOINT:: Linux Web Hosting:: Agreement

UPDI Network Enterprise
Web Hosting - Terms & Conditions

Services
The following are the terms and conditions for use of the Web Hosting service (hereafter referred to as Services)  which is offered by UPDI Network Enterprise (hereafter referred to as UPOINT) . Please read them carefully.
BY CLICKING ON "I AGREE" AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A Web Hosting ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Subscriber
The Subscriber is defined as an individual who is accessing the Services.

Term
The term of Subscriber subscription is effective as soon as the Subscriber begins using the Services. UPOINT shall endeavor to enable Subscriber to commence access to the Services (the "Access Date") as soon as possible. Notwithstanding the foregoing, UPOINT shall not be responsible or liable for any delay in the Access Date for any reason, including, without limitation, equipment delays, telephonic service delays, or any other reason, and Subscriber's sole remedy for any such delay shall be to cancel the Service and Subscriber shall be entitled to a refund of any portion of the Initial Fee (as hereinafter defined) which has not been used for costs, expenses or set up services.

Fees
Upon establishment of an account through submission of the Order Form, the initial fees shall be due and payable and thereafter the renewal fees shall be due and payable in advance unless otherwise specifically provided in a written Quotation. Subscriber shall be responsible for all use of the Service accessed through Subscriber's account and will pay for all usage charges accrued hereunder whether or not they are authorized by the Subscriber. In the event of unauthorized access to the Subscriber's account, Subscriber must promptly notify UPOINT. Subscriber will remain responsible for all charges to Subscriber's account until UPOINT is so notified and has had a reasonable opportunity to cancel access to the account. Any amounts not paid by Subscriber to UPOINT when due is considered in default and UPOINT may be obligated to suspend any services until all payments are made.

DISCLAIMER OF WARRANTEES: LIMITATION OF LIABILITY

(A) UPOINT shall endeavor to provide the Services in accordance with the standards of the industry. UPOINT will make a good faith adjustment to any amount paid or payable by the Subscriber for the use of the Services to the extent of a failure of the services which renders the Services unusable except to the extent caused by Subscriber or based upon acts or conditions beyond UPOINT's reasonable control; provided that Subscriber reports such problems to UPOINT immediately upon discovery and requests an adjustment within 5 business days of such failure. Notwithstanding any other provision of a written Quotation or these terms and conditions, in no event shall UPOINT's liability for any reason upon any cause of action in connection with this agreement, the Service or otherwise exceed the Most Recent Periodic Payment by Subscriber to UPOINT

(B) Subscriber acknowledges that UPOINT has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and UPOINT specifically disclaims any such representations, warrantees, or covenants including without limitation the warrantee of merchantability or fitness for a particular purpose. Subscriber acknowledges that UPOINT shall not be liable or responsible for consequential damages, lost profits or other damages of any type or nature, even if UPOINT has been advised of such damages. Hereof Subscriber acknowledges that UPOINT does not monitor or review any of Subscriber's material (as hereafter defined); However, Subscriber acknowledges that UPOINT may, upon receipt of a complaint, with respect to any of the Subscriber material or any other reason, Prevent Subscriber material from being accessible through the service; provided that UPOINT shall have no obligation to Prevent Such Access and no liability to Subscriber or any third party for Preventing Access To or failure to Prevent access to such material.

Subscriber Materials: Indemnification: Policies
(A) Subscriber represents and warrants that any material which Subscriber places on the service, permits to be placed on the service with or without Subscribers authority, or on the Internet and/or the Web through UPOINT's service, including Subscriber's domain name(s), ("Subscriber Material") will not

1) violate the rights of any 3rd party and will not give rise to any claim of such violation

2) violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls or

3) contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like.

(B) Subscriber shall indemnify and hold UPOINT and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by subscribers of any of the representations, warrantees or agreements set forth in the Signup Form or these Terms and Conditions.

(C) Subscriber agrees to comply with UPOINT's policies with respect to the Services, as such policies may be modified from time to time including, but not limited to, UPOINT's policy against "spamming".

Nature of Website
Subscriber agrees that his website hosted on UPOINT's server does not belong to the following categories:

  • an adult or pornography site
  • a software warez site
  • a sole mp3 or video streaming/download center
  • a sole file download center
  • a site with intensive chat room or discussion board
    activities which result in severe overloading of CPU

Email Policy
Mass Mailings: UPOINT has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of UPOINT whether or not the message actually originated from our network.

Mailing Lists: UPOINT's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up (using the closed-loop opt-in*1 method) for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

*1 Also known as "Confirmed Opt-in" or "Verified Opt-in". The Recipient has verifiably confirmed permission for the address to be included on the specific mailing list, by confirming (responding to) the list subscription request verification. This is the standard practice for all Internet mailing lists, it ensures users are properly subscribed from a working address and with the address owner's consent.

Termination
UPOINT may terminate the term and Subscriber's right to use the service at any time without cause by sending notice to the Subscriber. UPOINT may Terminate the term and subscriber's right to use the service immediately without prior notice on a breach of the these Terms and Conditions by Subscriber. In addition, Subscriber may also terminate this Agreement by giving written notice to UPOINT and discontinuing use of the service. Terminations by subscriber will be effective immediately on the date on which UPOINT receives notice from the Subscriber, provided that there is no outstanding payment, and no refund will be given for the unused period. No refunds will be given if the Subscriber cancels the Services, or if UPOINT cancels the Services due to a breach of these Terms and Conditions, and under no circumstances will any termination of this contract result in a refund exceeding the unused portion of any fees paid to UPOINT.

Changes in Services, Terms and Conditions, and Fees
UPOINT may modify these Terms and Conditions or service prices and may discontinue or revise any and all other aspects of the service in UPOINT's sole discretion upon 30 (thirty) days notice. Subscriber shall be deemed to have accepted any such changes or modifications by continuing to use the Service after the end of such thirty days period.

Miscellaneous
Subscriber acknowledges and agrees that Subscriber will permit UPOINT to use its name and trademarks for promotional and advertising purposes: provided that such use accurately reflects the relationship of the parties. By signing up for services, Subscriber has agreed to these Terms and Conditions. These Terms and Conditions represent the parties entire agreement and understanding, supercede any previous oral or written agreement and may only be modified pursuant to a written agreement.

I Agree to the Above