|
User Agreement
This User Agreement ("Agreement") is an agreement between u2-web, LLC
("u2-web", "company", "host", "service provider") and the party set forth in the related order form
incorporated herein by reference (together with any subsequent order forms
submitted by Customer, the "Order Form"), and applies to the
purchase of all services (collectively, the "Services") ordered
by Customer on the Order Form. Such party is referred to in this Agreement
as "Customer" or "you".
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON
THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT
AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT,
INCLUDING u2-web's USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT.
u2-web reserves the right to reject this Agreement for any reason or no
reason, prior to acceptance thereof by u2-web. Activation of the Services
shall indicate u2-web's acceptance of this Agreement. Subject to the terms
and conditions of this Agreement, u2-web will provide to Customer the
Services selected by Customer set forth on the Order Form.
u2-web.com (referred hereinafter as 'u2-web.com', 'u2-web', 'our', 'we'
and 'us').
All accounts on our web servers are subject to the terms and conditions
described in this document. Under the terms of this agreement, your placement
of information on our servers is an acknowledgement that you have read,
understand, and agree to the terms and conditions below.
1. Usage Policy
Under this Agreement, Customer shall comply with u2-web's then current
"Usage Policy", as amended, modified or updated from time to
time by u2-web, and which is incorporated in this Agreement by reference.
Customer hereby acknowledges that it has reviewed the Usage Policy and
that the terms of the Usage Policy are incorporated herein by reference.
In the event of any inconsistencies between this Agreement and the Usage
Policy, the terms of the Usage Policy shall govern. u2-web does not intend
to systematically monitor the content which is submitted to, stored on
or distributed or disseminated by Customer via the Service (the "Customer
Content"). Customer Content includes content of Customer's customers
and/or users of Customer's website. Accordingly, under this Agreement,
you will be responsible for your customers content and activities on your
website. Notwithstanding anything to the contrary contained in this Agreement,
u2-web may immediately take corrective action, including removal of all
or a portion of the Customer Content, disconnection or discontinuance
of any and all Services, or termination of this Agreement in the event
of notice of possible violation by Customer of the Usage Policy. In the
event u2-web takes corrective action due to a violation of the Usage Policy,
u2-web shall not refund to Customer any fees paid in advance of such corrective
action. Customer hereby agrees that u2-web shall have no liability to
Customer or any of Customer's customers due to any corrective action that
u2-web may take (including, without limitation, disconnection of Services).
2. Amendment
u2-web may amend, modify or update this Agreement or the Usage Policy
at any time in its sole discretion, and Customer shall be bound by any
such amendment, modification or update. u2-web may, but is under no obligation
to, provide notice of any amendment, modification or update of this Agreement
or the Usage Policy. Any modification is effective on the earlier of thirty
30 days after posting on u2-web's website or thirty 30 days after the
sending of a notice by u2-web to Customer by email or conventional mail.
If any material modification to this Agreement or the Usage Policy is
unacceptable to you, you may terminate your subscription as provided in
Section 3. However, if you do not terminate the Agreement, or if you continue
to use the Services following effectiveness of the modification, your
continued use will mean that you have accepted that modification. u2-web
reserves the right to amend its service offerings and add, delete, suspend
or modify the terms and conditions of the Services at any time and from
time to time, and to determine whether and when any such changes apply
to both existing and future customers.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the Order
Form (the "Initial Term"). The Initial Term shall begin upon
commencement of the Services to Customer. After the Initial Term, this
Agreement shall automatically renew for successive terms of equal length
as the Initial Term, unless terminated or cancelled by either party as
provided in this section. The Initial Term and all successive renewal
periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated
(i) by u2-web in the event of nonpayment by Customer, (ii) by u2-web,
at any time, without notice, if, in u2-web's judgment, Customer is in
violation of any term or condition of the Usage Policy or Customer's use
of the Service disrupts or, in u2-web's judgment, could disrupt, u2-web's
business operations and (iii) by u2-web in accordance with Sections 1,
8, and 9 of this Agreement.
If u2-web cancels this Agreement prior to the end of the Term or you cancel
this agreement prior to the end of the Term, u2-web shall not refund to
you any fees paid in advance of such cancellation and (i) you shall be
obligated to pay all fees and charges accrued prior to the effectiveness
of such cancellation, (ii) you shall be obligated to pay 100% of all charges
for all Services for each month remaining in the Term.
4. Billing and Payment Policy
General Admin Fees
General admin fee's apply at the discretion of u2-web and may be subject
to change without notice. The general admin fee will be no less than $20
per item or request where applicable and where not covered by other fee
descriptions.
Setup Fee
The setup fee is required before service is activated, if applicable.
The setup fee and domain name registration fee are non-refundable.
Payment Method - Credit Card
u2-web accepts credit card payments (Visa, MasterCard, American Express,
Discover) through secure payment processing services such as Paypal. Other
methods may be used at u2-web's discretion.
Online credit card payment is authorized and assessed in real time.
Once an order is successfully submitted, the client is subject to u2-web's
refund policy.
Credit card will be billed on the first day of the billing cycle. If the
credit card fails, we will retry for 5 days.
Chargebacks and Payment Disputes
We reserve the right to terminate any account when a successful (on customer
side) chargeback or payment dispute is issued. Such terminations will
result in data loss and backups may not be provided. As such, it is strongely
recommended to contact us directly before issuing such actions. Until
the chargeback or payment dispute is resolved, either successful (on customer
side) or not, we reserve the right to suspend said account, all services
and support.
Non Payment
You are responsible for any costs that u2-web incurs in enforcing
collection, including reasonable attorneys' fees, court costs and collection
agency fees. Due to our high standard of service to all our clients we
have not had to employ a debt collection agency thus far.
Policy Changes
u2-web reserves the right to change prices or fee's at any time.
All monetary transactions will occur in either in £UK pound sterling
or $US dollars.
Additional Features
Additional features such as disk space and email can be added at any time
and are billed monthly.
Monthly additional feature prices are not prorated.
Add on costs are non-refundable regardless of whether the service was
used.
Credit Card: Charges are assessed in real time for the current month and
every upcoming month until the end of their billing cycle.
Credit card will be billed on the first day of the billing cycle. If the
credit card fails, we will retry every 5 days. If the credit card fails
a 2nd time, the account will be suspended. If it fails a 3rd time, the
account will be cancelled.
Additional services will be activated when payment is received.
Outstanding Balances
Email notifications will be sent out only to the email address you have
on file. Set out below are the periods such emails will be sent.
Outstanding Balance Notification - Notifed (1) one day after the
balance is due.
Initial Suspension Warning Notification - Notifed (2) two days
after the Outstanding Balance Notification.
Second Suspension Warning Notification (Resent) - Notifed (3) three
days after the initial Suspension Warning Notification.
Account Suspension - Suspended and Notifed (4) four days after
the Second Suspension Warning Notification (7) seven days after the balance
is due.
Deletion Warning - Notifed (18) eighteen days after the Account
Suspension (25) twenty five days after the balance is due.
Deletion Notification (Resent) - Notifed (5) five days after first
deletion warning (30) thirty days after balance due.
Account Deletion - Delete and Notifed
(5) five days after second deletion warning (35) thirty-five days after
balance due.
Renewal and Billing Schedule
u2-web automatically renews your account based on your Credit Card details,
we do not however allow subscription payments from PayPal this type of
payment will need to be piad manually based on your previous payment option.
5. u2-web as a Licensor.
u2-web is acting only as a licensor of the hardware, software and equipment
used in connection with the products and/or Services that were or are
manufactured or provided by a third party ("Non-u2-web Product").
u2-web shall not be responsible for any changes in the Services that cause
the Non-u2-web Product to become obsolete, require modification or alteration,
or otherwise affect the performance of the Services. Any malfunction or
manufacturer's defects of Non-u2-web Product either sold, licensed or
provided by u2-web to Customer or purchased directly by Customer used
in connection with the Services will not be deemed a breach of u2-web's
obligations under this Agreement. Any rights or remedies Customer may
have regarding the ownership, licensing, performance or compliance of
Non-u2-web Product are limited to those rights extended to Customer by
the manufacturer of such Non-u2-web Product. Customer is entitled to use
any Non-u2-web Product supplied by u2-web only in connection with Customer's
permitted use of the Services. Customer shall use its best efforts to
protect and keep confidential all intellectual property provided by u2-web
to Customer through any Non-u2-web Product and shall make no attempt to
copy, alter, reverse engineer, or tamper with such intellectual property
or to use it other than in connection with the Services. Customer shall
not resell, transfer, export or re-export any Non-u2-web Product, or any
technical data derived therefrom, in violation of any applicable United
States or foreign law.
6. IP Address Ownership.
If u2-web assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall belong only
to u2-web, and Customer shall have no right to use that Internet Protocol
address except as permitted by u2-web in its sole discretion in connection
with the Services, during the term of this Agreement. u2-web shall maintain
and control ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by u2-web, and u2-web reserves the right to
change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion.
7. Caching.
Customer expressly (i) grants to u2-web a license to cache the entirety
of the Customer Content and Customer's website, including content supplied
by third parties, hosted by u2-web under this Agreement; and (ii) agrees
that such caching is not an infringement of any of Customer's intellectual
property rights or any third party's intellectual property rights.
8. CPU Usage.
Customer agrees that Customer shall not use excessive amounts of CPU processing
on any of u2-web's servers. Any violation of this policy may result in
corrective action by u2-web, including assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken in u2-web's sole and absolute
discretion. If u2-web takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance
prior to such action. Customers are not permitted to run programs in the
background on shared hosting servers. This tends to use a lot of system
resources, and can impair service to other customers on that server.
9. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed the number
of megabytes per month for the Services ordered by Customer on the Order
Form (the "Agreed Usage"). u2-web will monitor Customer's bandwidth
and disk usage. u2-web shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken in u2-web's sole and absolute discretion. If
u2-web takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior to such
action.
10. Property Rights.
u2-web owns all right, title and interest in and to the Services and u2-web's
trade names, trademarks, service marks, inventions, copyrights, trade
secrets, patents, know-how and other intellectual property rights relating
to the design, function, marketing, promotion, sale and provision of the
Services and the related hardware, software and systems ("Marks").
Nothing in this Agreement constitutes a license to Customer to use or
resell the Marks.
11. Customer Website; ECommerce; Customer Warranties.
Customer shall be solely responsible for the development, operation and
maintenance of Customer's website, online store and ecommerce activities,
for all products and services offered by Customer or appearing online
and for all contents and materials appearing online or on Customer's products,
including, without limitation (i) the accuracy and appropriateness of
the Customer Content and content and material appearing in its store or
on its products, (ii) ensuring that the Customer Content and content and
materials appearing in its store or on its products do not violate or
infringe upon the rights of any person, and (iii) ensuring that the Customer
Content and the content and materials appearing in its store or on its
products are not defamatory or otherwise illegal. Customer shall be solely
responsible for accepting, processing and filling customer orders and
for handling customer inquiries or complaints. Customer shall be solely
responsible for the payment or satisfaction of any and all taxes associated
with its website and online store.
Customer shall be responsible for the security and confidentiality of
any customer information (including, without limitation, customer credit
card numbers) that Customer may receive as a result of its website or
online store.
Customer understands that system updates occur in real-time and as queued
batch processes. For example, account passwords are currently updated
as queued batch processes, therefore the update does not occur in the
system instantaneously. u2-web reserves the right to modify the processing
times at any time without notice. If a client or u2-web support personnel
(when authorized by client) makes any modifications to a hosting account,
the client is responsible to make sure these updates have occurred in
our system.
Customer represents and warrants to u2-web that Customer owns or has the
right to use the Customer Content and material contained therein, including
all text, graphics, sound, music, video, programming, scripts and applets,
and the use, reproduction, distribution and transmission of the Customer
Content and any information and materials contained therein does not,
and will not, (i) infringe or misappropriate any copyright, patent, trademark,
trade secret or any other proprietary right of a third party, (ii) violate
any criminal laws or (iii) constitute false advertising, unfair competition,
defamation, an invasion of privacy, violate a right of publicity or violate
any other law or regulation. Customer grants u2-web the right to reproduce,
copy, use and distribute all and any portion of the Customer Content to
the extent needed to provide and operate the Services.
12. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained through
or from u2-web, at Customer's own risk. Customer acknowledges and agrees
that u2-web exercises no control over, and accepts no responsibility for,
the content of the information passing through u2-web's host computers,
network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS,
AS AVAILABLE BASIS. NONE OF u2-web, ITS PARENT, SUBSIDIARY OR AFFILIATED
CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS,
MERCHANTS, LICENSORS OR THE LIKE (EACH, A "u2-web PERSON") MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT u2-web
PROVIDES. NO u2-web PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL
NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES
OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. u2-web IS
NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF
ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER
OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY u2-web. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY u2-web PERSON, WILL CREATE
A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
13. Indemnification.
Customer agrees to indemnify, defend and hold harmless u2-web and its
parent, subsidiary and affiliated companies, and each of their respective
officers, directors, employees, shareholders and agents (each an "indemnified
party" and, collectively, "indemnified parties") from and
against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted,
or filed by a third party against any of the indemnified parties arising
out of or relating to (i) Customer's use of the Services, (ii) any violation
by Customer of the Usage Policy, (iii) any breach of any representation,
warranty or covenant of Customer contained in this Agreement or (iv) any
acts or omissions of Customer. The terms of this section shall survive
any termination of this Agreement.
14. Limitation of Liability.
Customer agrees that no u2-web Person, under any circumstances, shall
be held responsible or liable for situations where the Services are accessed
by third parties through illegal or illicit means, including situations
where such data is accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to u2-web at the time) which
may exist in the Services or u2-web's equipment used to provide the Services.
Under no circumstances, including negligence, shall any u2-web Person
be liable for any indirect, incidental, special, consequential or punitive
damages, or loss of profits, revenue, data or use by Customer, any of
its customers, any Reseller Customer or any other third party, whether
in an action in contract or tort or strict liability or other legal theory,
even if u2-web has been advised of the possibility of such damages. No
u2-web Person shall be liable to Customer, any of its customers, any Reseller
Customer or any other third party, for any loss or damages that result
or are alleged to have resulted from the use of or inability to use the
Services, or that results from mistakes, omissions, interruptions, deletion
of files, loss of data, errors, viruses, defects, delays in operations,
or transmission or any failure of performance, whether or not limited
to acts of God, communications failure, theft, destruction or unauthorized
access to u2-web's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, u2-web's maximum
liability under this Agreement for all damages, losses, costs and causes
of actions from any and all claims (whether in contract, tort, including
negligence, quasi-contract, statutory or otherwise) shall not exceed the
actual dollar amount paid by Customer for the Services which gave rise
to such damages, losses and causes of actions during the 12-month period
prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if u2-web takes any
corrective action under this Agreement because of an action of Customer
or one if its customers or a Reseller Customer, that corrective action
may adversely affect other customers of Customer or other Reseller Customers,
and Customer agrees that u2-web shall have no liability to Customer, any
of its customers or any Reseller Customer due to such corrective action
by u2-web.
This limitation of liability reflects an informed, voluntary allocation
between the parties of the risks (known and unknown) that may exist in
connection with this Agreement. The terms of this section shall survive
any termination of this Agreement.
15. Force Majeure.
u2-web shall not be liable for failure or delay in performing its obligations
hereunder if such failure or delay is due to circumstances beyond its
reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability
of, interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware
or inability to obtain raw materials, supplies or power used in or equipment
needed for provision of the Services.
16. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by UK law without regard
to the conflict of law provisions thereof. Both parties submit to personal
jurisdiction in the UK. Any controversy or claim arising out of, relating
to or in connection with this Agreement, or the breach thereof, shall
be subject to arbitration in accordance with existing Commercial Arbitration
Rules. Any judgment upon the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. The place of arbitration shall
be Leeds, Yorkshire, or any other place selected by mutual agreement of
the parties. An award rendered in connection with an arbitration pursuant
to this Section shall be final and binding upon the parties and the parties
agree and consent that the arbitral award shall be conclusive proof of
the validity of the determinations of the arbitrations set forth in the
award, and any judgment upon such an award may be entered and enforced
in any court of competent jurisdiction. The parties agree that the award
of the arbitral tribunal will be the sole and exclusive remedy between
them regarding any and all claims and counterclaims between them with
respect to the subject matter of the arbitrated dispute. The parties hereby
waive all in personam jurisdictional defenses in connection with any arbitration
hereunder or the enforcement of an order or award rendered pursuant thereto.
In any legal action, the prevailing party will be entitled to recover
all legal expenses incurred in connection with the action, including but
not limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees. The terms of this section shall survive any termination
of this Agreement.
17. Assignment.
Customer shall not have the right to assign this Agreement without the
prior written consent of u2-web. This Agreement shall be binding upon
and inure to the benefit of Customer and u2-web and their successors and
permitted assigns.
18. Entire Agreement; Severability.
This Agreement, together with the Order Form and any other documents or
agreements specifically identified in this Agreement, represents the entire
agreement between the parties, and supercedes all previous representations,
understandings or agreements. If any provision of this Agreement shall
be held by a court of competent jurisdiction to be invalid, unenforceable,
or void, the remainder of this Agreement shall remain in full force and
effect.
Customer hereby represents that he, she or it is either, an individual
entering this Agreement for his or her personal use and is over 18 years
of age, or a corporation, limited partnership or other legal entity, duly
organized, validly existing and in good standing under the laws of the
state of its organisation and the person acting on behalf of Customer
is duly authorised to accept, execute and deliver this Agreement on behalf
of Customer.
19. Conditions of Free Hosting.
Free Hosting means 'free of charge' for the provision of the "Charity
Plan" subscription only, to Charities and Non-profit Organisations
Registered in the United Kingdom, Subject to Availability and following
successful verification. Charity to Business ratio(guidelines for allocation,
and for the purpose of the provision of adequate funding) will be 3:1.
This ratio is approximate and may be changed without notice.
Additional services, upgrades and requests will be charged in accordance
with the u2-web.com published prices or prices agreed with the customer.
20. Conditions of Domain name sales.
All .co.uk, .org.uk and .me.uk registrants must agree to Nominet UK's
terms and conditions located at http://www.nominet.org.uk/nominet-terms.html
All other domains extensions are covered by the relevant authority for
your chosen domain extension.
u2-web or u2-webdomains will register domains on behalf of the client
with a reputable domain registrar of its choice. Prior payment is necessary
before domain registration at the agreed price between u2-web and the
client. Service charges or general admin fee's may apply in respect of
domain detail alterations requested by the client or their agent. Once
domain names have been registered they cannot be cancelled, so we are
unable to refund the costs of your domain registration after you have
placed your order. Instead, you will retain full ownership of your chosen
domain and you will be free to use it with other web hosts in the future
subject to invoice account settlement. If you cancel hosting with us,
and you have received a domain name free of charge whether in a promotion
or not, you agree to pay the domain cost of $25 plus any applicable admin
fee.
21. Support/Email Abuse.
At u2-web, we always treat our customers with the utmost respect. In return,
we expect the same from you. If our staff feels that you are consistently
addressing them in a demeaning or rude manner, your account may be suspended
and you may be asked to take your business elsewhere. In the event that
we terminate service for support/email abuse, customers will be given
ten (10) days notice to find a new host. We will issue a refund only for
the unused portion of pre-paid service.
22. Backup and Restoration.
Customer is responsible for keeping a copy of their most current web
site files as backup on a remote system (not on u2-web servers). u2-web
is not responsible for any lost files, information, or data.
u2-web maintains a backup retention period of 30 days only. Any data backed
up outside of this retention period will not be kept or available for
restore. u2-web does not guarantee backup availability.
u2-web will not be held liable for any loss of statistical data or financial
loss thereof.
-------------------------------------------------------------------------------
Usage Policy
This is u2-web's Usage Policy, which supplements the service agreement
of each user of u2-web's services (each, a "Subscriber"). Every
Subscriber is subject to this Usage Policy, and by virtue of using u2-web's
services, network and/or systems (collectively the "Services")
agrees to be bound by this Usage Policy. u2-web will revise this Usage
Policy from time to time. A Subscriber's use of the Services after revisions
to the Usage Policy are posted on u2-web's website at http://www.u2-web.com,
will constitute such person's acceptance of any changes or additions to
the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or
customers) engage in the following prohibited activities.
The following cannot be held on our servers
Pirated software
Hacker programs
Warez
Pornography or nudity of any kind, until verified by u2-web.
Copyrighted materials
ROMs
Emulators
any links/affiliations to the above
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of
privacy, rights of publicity or other personal rights is prohibited. u2-web
is required by law to remove or block access to content appearing on or
through the Services upon receipt of proper notice of copyright infringement
(see "Copyright Infringement Notice Information" below).
Spamming
u2-web has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited
commercial email). This policy protects our customers as well as the Internet
community from the negative effects of "spam" related activity.
u2-web defines UBE/UCE as unsolicited broadcast or commercial email that
is sent to addresses that do not affirmatively and verifiably request
such material from that specific sender.
Our Policies
1. u2-web customers, or any user of bandwidth and/or services on our network
(herein described as 'users') are prohibited from sending UBE/UCE. Users
may be asked to produce records that verify that explicit affirmative
permission was obtained from a recipient before a mailing was sent. u2-web
may consider the lack of such proof of explicit affirmative permission
of a questionable UBE/UCE at its sole discretion.
2. u2-web customers are prohibited from maintaining open mail relays on
their servers. Ignorance of the presence or operation of an open mail
relay is not and will not be considered an acceptable excuse for its (the
open mail relay) operation. Multiple infractions of this policy will result
in a discontinuation of service.
3. u2-web customers will be notified in the event that their sites are
in violation of the above policy. Again, failure to rectify such situations
may be cause for termination of service.
4. u2-web customers are prohibited from providing hosting services for
websites that have been included in UBE/UCE. Hosting includes, but is
not limited to, hosting website(s), providing DNS services as well as
website redirect services.
5. Valid complaints received by u2-web will be forwarded to the customer
for a response and resolution. If within twenty-four (24) hours there
is no response, u2-web may block traffic to and from the IP address involved
in the UBE/UCE complaint until the problem is resolved and preventative
measures have been implemented to prevent the violation from recurring.
All users are responsible for maintaining a working email contact and
updating that information with u2-web when it changes.
6. If u2-web receives repeat complaints indicating that a problem has
not been resolved, u2-web reserves the right to suspend and/or cancel
any and all services provided to the user after a notification of no less
than two (2) hours.
To report an incidence of abuse, please email hosting@u2-web.com
Note: Due to our extremely high customer satisfaction rate, we have never
had to invoke this clause.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers, return
mailing information and/or Internet protocol addresses to conceal or misidentify
the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or
Trojan horses, or for pinging, flooding or mailbombing, or engaging in
denial of service attacks is prohibited. It is also prohibited for any
Subscriber to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference with,
the ability of others to effectively use the Services (or any connected
network, system, service or equipment) or conduct their business over
the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking"
includes, but is not limited to, the following activities: illegally or
without authorization accessing computers, accounts or networks, penetrating
or attempting to penetrate security measures, port scans, stealth scans
and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or
violations of United States law relating to the exportation of software
is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or
otherwise make available child pornography is prohibited. u2-web is required
by law, and will, notify law enforcement agencies when it becomes aware
of the presence of child pornography on, or being transmitted through,
the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined
by u2-web, in its sole and absolute discretion, to be illegal is prohibited.
Such illegal activities include, but are not limited to, storing, posting,
displaying, transmitting or otherwise making available ponzi or pyramid
schemes, fraudulently charging credit cards or displaying credit card
information of third parties without their consent, and failure to comply
with applicable online privacy laws. u2-web will cooperate fully with
appropriate law enforcement agencies in connection with any and all illegal
activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening language
is prohibited.
Other Activities
Engaging in any activity that, in u2-web's sole and absolute discretion,
disrupts, interferes with or is harmful to (or threatens to disrupt, interfere
with or be harmful to) the Services, u2-web's business, operations, reputation,
goodwill, customers and/or customer relations, or the ability of u2-web's
customers to effectively use the Services is prohibited. Such prohibited
activities include making available any program, product or service that
is designed to or could be used to violate this Usage Policy. In addition,
the failure by a Subscriber to cooperate with u2-web in correcting or
preventing violations of this Usage Policy by, or that result from the
activity of, a customer of the Subscriber is a violation of this Usage
Policy.
In general, u2-web does not monitor its customers' websites or activities
to determine whether they are in compliance with this Usage Policy. However,
when u2-web becomes aware of any violation of this Usage Policy or its
User Agreement, u2-web may take any action to stop or correct such violation,
including, but not limited to, shutting down a website, denying access
to the Services or to the Internet, and/or removing information. In addition,
u2-web may take action against a Subscriber or a customer of such Subscriber
because of the activities of such customer. u2-web reserves the right
to take any such action even though such action may affect other customers
of the Subscriber.
u2-web may disclose any information in its possession, including, without
limitation, information about Subscribers, internet transmissions and
website activity in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation or governmental request,
to protect u2-web or others from harm, and/or to ensure the proper operation
of the Services. u2-web has no obligation to notify any person, including
the Subscriber about whom information is sought, that u2-web has provided
the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, u2-web has adopted
a policy that provides for termination of websites hosted by u2-web that
are found to infringe on copyrights of third parties. If a copyright holder
believes that there has been a violation of his or her copyright on a
website that is hosted by u2-web or its subsidiaries, and the copyright
holder wants u2-web to remove the website or disable the material in question,
u2-web will remove the website or disable the material if the copyright
holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed. Identification of the
copyrighted work that is claimed is being infringed, or, in the case of
claimed infringement of multiple copyrighted works, a representative list
of such works.
2. Identification of the material that is claimed to be infringing or
is the subject of infringing activity and that should be removed or access
to which should be disabled, with information reasonably sufficient to
permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person
giving the notification, such as an address and telephone, and, if available,
an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and
under penalty of perjury, that the person giving the notification is authorized
to act on behalf of the owner of the exclusive right that is allegedly
infringed.
--------------------------------------------------------------------------------
Uptime Promise
The following is how we will credit you for not meeting the 99.9% uptime:
* 45 minutes to 3 hours 30 minutes (99.9% - 99.5% uptime) -- 5% credit
* 3 hours 30 minutes to 7 hours 15 minutes (99.5% - 99% uptime) -- 15%
credit
* 7 hours 15 minutes to 14 hours 30 minutes (99% - 98% uptime) -- 25%
credit
* 14 hours 30 minutes to 1.5 days (98% - 95% uptime) -- 35% credit
* Greater than 1.5 days (less than 95% uptime) -- 100% credit
Please contact Billing to request your uptime credits.
* Credits are only valid for non-scheduled maintenance. Three (3) hours
notice before maintenance is deemed scheduled and does not meet criteria
for uptime credits.
* Uptime credits are not available for outages out of u2-web's control;
such as, but not limited to act of god or datacenter outage.
* Uptime is calculated each calendar month and that uptime is the basis
for credits. As such, credits will only be applied at the end of the month
so to be accurate. You may request uptime credits at any point in a month,
however, they will not be applied until the end of the month. Credits
must be requested within 72 hours of downtime.
* Uptime credits are on a request basis only. It is currently not possible
to do automatic or mass credits.
* Uptime is only valid for the web services, as it is the most important
service for a majority of our customers.
--------------------------------------------------------------------------------
Refund / Cancellation Policy
u2-web provides a 30 Days Money Back Guarantee on all of its hosting plans.
If you are dissatisfied with your service for good reason, you will receive
a full refund (minus overage charges) if you cancel your account within
30 days of activation.
Our refund policy does not apply to any additional items or services;
this includes but is not limited to Dedicated IP's, merchandise, monthly
specials as a promotional offer via our online shop.
Also NOT included are Domain Registration services, Dedicated Hostings,
and One-time Setup Fees.
No refunds are available after the initial 30 day period. Any request
for cancellation must be received via the web, regular mail or fax and
you will receive a confirmation upon the cancellation of your account.
Cancellations over the telephone, instant messaging and informal email
are not accepted.
This 30 day money back guarantee does not apply to any fees associated
with these accounts. Accounts cancelled/terminated by u2-web. For violating
our Usage Policy do not qualify for our 30 day money back guarantee. For
example, if your account is cancelled due to spamming, you will not be
given any refund.
Please allow 3-4 working days for refunds to take place.
--------------------------------------------------------------------------------
|