usa-hosting.com Terms and Conditions Policy
This document represents the entire agreement between usa-hosting.com and users of any products and/or services of usa-hosting.com. The agreement sets forth all conditions, rights and responsibilities of each party when services and/or products are purchased, utilized, and terminated by a user from usa-hosting.com.
1. User = Any individual using and/or purchasing services and/or products from usa-hosting.com; also referred to as “You,” “Your,” “Yours,” or any employee or agent acting on behalf of a user. User also affirms that s/he is of legal age to enter into these terms and conditions.
2. usa-hosting.com = The company from which a user purchases services and/or products. Also referred to as “We,” “Us,” “Our.” usa-hosting.com includes all of its employees, contracted staff, agents, affiliates and subsidiaries.
Amendments to These Terms and Conditions
The Company may, at any time it deems appropriate, modify or otherwise alter these terms and conditions. These amendments are in effect as soon as the alterations are made. It is the User’s responsibility to review any modifications, and User agrees to be bound by any amendments as soon as they are published.
Accuracy of Information
It is the User’s responsibility to provide all accurate information as request/required by the Company. Should any of the initial information change, the User is bound to notify the Company within five (5) days of said change. Failure to do so can result in suspension or termination of services, with no refund requirement on the part of the Company. Should a User supply inaccurate, false, or deliberately misleading information to the Company, Company has the right to suspend and/or terminate services to the User. If the Company should suspect that inaccurate, false or misleading information has been provided, Company has the right to terminate services.
The following list of prohibited activities is provided, so that Users understand the limits of their use of our services/products. Failure to abide by these prohibitions shall result in immediate termination of services to the User. Prohibited activities include the following:
1. Transmission, dissemination, or distribution of any content that is unsolicited, including text, images, messages, or emails. User is bound by the Company SMTP limit. Any deviation from that limit must be approved by the Company. A user who wishes to exceed the SMTP limit must submit a written request and receive written approval from the Company to do so.
2. Any activity that presents a false or misleading identity, including any attempt to mislead others relative to User identity or origin of any communication.
3. Transmission, dissemination or distribution of any material (files, content, graphics, images, content) that is protected by copyrights, trademarks, or patents. Such material shall include intellectual copyrighted property as well.
4. Transmission, distribution, or dissemination of any content/material that may be considered malicious, offensive, slanderous/libelous, abusive, threatening, obscene or pornographic.
5. Exporting, re-exporting, downloading or providing permission to download any content/material that violates current import/export laws and regulations of the U.S. government, its agencies and departments, without prior written authorization, license, or permission to do so.
6. Accessing, disrupting or attempting to access or disrupt any server, network, or account to which the User has no authorization or permission.
7. Transmitting, distributing or disseminating any harmful content, material, code, data, etc., including viruses and malware, with prior knowledge that the content/material is harmful.
8. Engaging in any activity which the company shall deem to be inappropriate or in violations with its standards of use. Such activity may include IRC bots, hacking, pirating, warez, and more. The company will determine is any activity violates its standards and regulations.
9. Participating in any security and/or network security violations, including hacking, systems scans, unauthorized access, tracking or interference with service to another User. Such activities as forging a TCP/IP headers, overloading Company system, email bombing area included. When violations represent violations of the law, the Company shall pursue all legal remedies open to it and, as well, cooperate with any and all law enforcement entities.
Excessive Time and/or Storage
It is the responsibility of the User to refrain from using programs or posts that utilize excessive amounts of storage or CPU time. It is also a breach of this agreement should a User allow or re-sell any of his/her account time or storage to a non-User. Public recursive DNS is strictly prohibited, and the Company scans for this on a regular basis. Violations of this term will result in termination of services.
User Responsibility for Prevention of Excessive Overloads
When a User exceeds bandwidth allowance, fees and penalties will be assessed. A User account may not be utilized for any of the following purposes:
• As a source, a reply address, a mail bomb destination, or as an intermediary
• Dissemination of any information related to hacking or procedures for security breaches (including links to such content)
• As an anonymous gateway
• As a source of any activity that could de-stabilize the usa-hosting.com network or the free use of the Internet by another
Any use in this manner will result in immediate account termination and notification of law enforcement officials when appropriate.
Prohibition of Provision of Free Services
No user may provide free services through his/her account. Should we discover that such is the case, the User account shall be terminated immediately.
Security and Storage Responsibility
User has full responsibility for the security of his/her account, password, content, confidential information, etc. If the User fails to secure any information, content, data, etc., the responsibility lies solely with the User. The Company has no liability in breach of security that is the result of User’s failure to provide it.
Further, it is the responsibility of the User to maintain his/her backup of server content. The Company shall not be responsible for content lost due to User failure to archive.
Web Hosting Account/Renewal
usa-hosting.com shall host an account for a User based upon the purchase agreement terms, the domain name, and the period of time for which the contract is in effect (and payment plan). User contract shall automatically renew unless the User notifies that company of non-renewal intention. Once the company has received notification of non-renewal, it shall remove the account from its web server. The company is not responsible for any loss of content/data as a result of its removal of an account.
Legal Use Only
User agrees, under penalty of law, that his/her use of usa-hosting.com services or products shall be in compliance with all laws and regulations of local, regional, state, national or international authorities. The purpose of usa-hosting.com is providing space for web documents. File storage shall only be in compliance with usa-hosting.com policies and provisions. Should a user violate any law or regulation or any provision of usa-hosting.com, User’s account shall be suspended or terminated immediately. usa-hosting.com has the sole right to determine violations and breaches without the right of User appeal, unless the Company agrees to hear such an appeal.
Fees and Rates
Upon contracting with the services of usa-hosting.com, the User agrees to the fees and charges of the Company. User also understands and agrees that the Company reserves the right to alter its fees and charges.
Security and Dissolution of Partnerships
Users set up passwords upon the opening of an account. Passwords may not be changed without proof of identification.
When legal issues arise, such as the dissolution of partnerships, divorce, etc., the company shall take no side in such matters. The Company will suspend user account until the legal process of such dissolutions is completed and the Company has been provided the results of those court decisions. Any loss that a User has incurred as a result of account suspension is not the responsibility of the Company. User indemnifies and holds harmless the Company in the event of any of these circumstances.
Safety and Restrictions
User agrees to engage in no activity that might jeopardize usa-hosting.com come systems or its reputation or the full functioning of other users. usa-hosting.com has the right to make decisions regarding which servers are best for User needs. Should a User utilize resources of a server in excess of 25%, the company has the right to move that account elsewhere. If this constitutes an upgrade, User agrees that additional fees and charges may apply. Should usa-hosting.com not be able to provide the upgrade, it has the right to suspend services until such upgrade can be implemented.
Use of Third Parties – User Bears Sole Responsibility
Payments, Fees and Refunds
User agrees that payments for services are due at the time of placing an order. Use further agrees to make payments according to the established plan and quoted price. User has a right to ask for a full refund for up to 30 days after the first payment was made. There shall be no refunds beyond 30 days moneyback guarantee period.
usa-hosting.com reserves the right to alter its fees and pricing plans and will inform User of such changes via email. Within 30 days of a pricing change, User has the right to terminate services. Beyond the 30 days, however, the User shall be responsible for the increased fees.
Refunds shall never apply to SSL certificates, dedicated servers, cPanel, IP addresses, domain registration or premium support.
Monthly Payment Plan/Automatic Renewal
Should a User opt for a monthly billing plan, the statement shall be dated on the day of the month on which the original service was begun.
Users who opt for the annual payment agree that automatic renewal will occur on the yearly anniversary date, unless the Company receives notification of termination prior to that date.
Should User fail to make payment as agreed, s/he will be notified by the company and will be responsible for making payment immediately. Failure to remedy this situation will result in suspension of account, and there will be re-activation fees for re-instatement.
usa-hosting.com Affiliate Program
The company provides an affiliate program with a commission paid to any User who refers another User to it service. The payout is based upon a percentage of the amount of the new User’s contract. Payments of commission shall be made on each account that remains active for 60 days.
All payments shall be processed in U.S. dollars. Any user who plans to make payment in another currency agrees that the quoted price shall be an estimate only and may change based upon time delays of exchange and exchange rates. User from certain countries may be liable for a VAT fee, and User agrees to pay this during the checkout process.
Waivers of Liability/Release/No Warranty
User agrees that usa-hosting.com cannot guarantee the fitness of its services for any purposes of a business or organization. Company services are marketed and delivered “as is.” There is neither an expressed or implied warranty that usa-hosting.com services will meet any specific organizational need. It is the User’s responsibility to research the Company services and to determine appropriateness for his/her needs.
Should there be service interruption of any type, User agrees that usa-hosting.com is not liable for these circumstances, including errors on the part of usa-hosting.com in its provisions of service. Further, User agrees that there are no legal grounds whatsoever to pursue damages as a legal action should the services of usa-hosting.com not perform according to his/her expectations.
User agrees to indemnify and hold harmless usa-hosting.com and its agents, affiliates, employees, heirs, and subsidiaries for any damage or loss that might be incurred as a result of the use of usa-hosting.com services or products. In this case, the term “User” refers to any partners, affiliates, agents, subsidiaries, heirs, employees of the User.
Further, User agrees that there is no legal cause of action against usa-hosting.com and its agents, affiliates, employees, heirs, and subsidiaries as a result of the purchase and use of Company services or products.
Further, User agrees to indemnify and hold harmless usa-hosting.com in the case of any criminal or civil legal proceedings, fees, and costs, that arise as a result of User purchase and/or use of usa-hosting.com services or products. Should usa-hosting.com be named as a party to any criminal or civil action against a User, User agrees that usa-hosting.com may secure legal representation of its own choosing and that User shall pay all fees and costs incurred.
Should usa-hosting.com become aware of any criminal or civil proceedings against a User, the Company reserves the right to immediately suspend and/or terminate User account a court decision has been made. Further, you will be provided with a release of liability form which you agree to sign.
No Agency Relationship
User agrees that in purchasing services and/or products from usa-hosting.com, there is no actual or implied partnership between him/herself and the Company. Neither the company nor the User represent one another in any capacity.
It is the User’s responsibility to notify usa-hosting.com if services are to be terminated. This notification must be received by the company no later than three (3) days prior to the net billing date.
Responsibility for Notices
From time to time, the company will send or post notices to its Users. The User is fully responsible for making himself aware of these and will be held accountable for any terms that these notices convey.
The Company may, on an individual basis, waive one or more of these provisions on a one-time basis. In such cases, all other terms and conditions shall stand.
Should any legal entity determine that any provision in this agreement is in violation of the law, said provision shall be nullified. However, user understands and agrees that the remainder of this agreement remains intact and has the force of law.
No User may sell, transfer or otherwise assign Company services to another without the expressed written approval of the Company. User further agrees not to sell, re-sell, lease or otherwise re-use Company services for commercial purposes.
Neither the Company nor the User shall be held liable for disruptions of service or failure to perform the obligations they have by these terms and condition, if there are forces beyond their control that prevent this. These forces are defined as extreme weather conditions, power outages, browser disruptions, terrorism, changes in laws or regulations, failures of outside suppliers, or any other event or act of God that disrupts performances. The party experiencing the disruption shall notify the other within five (5) days of such a disruption. Should the disruption continue in excess of 30 days, the Company shall terminate the agreement between the two parties.
These Terms and Conditions, along with other policies that may be posted by the company, constitute the entire agreement between the Company and a User. It replaces all previous documents. Any modifications to this agreement will only occur if the Company agrees to them in writing.