Policies, Guidelines, Disclaimers

UrSiteHost provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.

These Policies, Guidelines, and Disclaimer are intended for all domains residing on UrSiteHost servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non-virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

RESELLER'S:

Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers. By reselling and purchasing UrSiteHost services, you hereby agree that UrSiteHost shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by UrSiteHost. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).

TRAFFIC USAGE RESTRICTIONS:

Each account plan comes with a predetermined amount of bandwidth allowance. We monitor all usage of the domains residing on our servers. Sites that exceed or are reaching their allotted allowance will be contacted immediately to resolve the problem. Accounts exceeding their bandwidth allowance are required to pay a minimum of $16.00 per gig of traffic for each gig of traffic that exceeds their allotted amount. Following is a list of sites that will often require more than what is allotted for each account plan: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running cgi scripts. (Note: This is only a sample list of sites that may consume more traffic than is what allowed them.)

If at any time your site extensively exceeds more than 20% (50% +) of our systems resources in one day, your account will be deactivated immediately without notice and you will have to contact us for reactivation.

UNACCEPTABLE ACTIVITIES:

These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by UrSiteHost by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with e-mail without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an e-mail address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited e-mail Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@ursitehost.com).

Age. All users and/or client's must be 18 years of age to obtain and/or utilize our service. 

Abuse of the legal rights of others:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. UrSiteHost supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, UrSiteHost will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law:

UrSiteHost services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. UrSiteHost reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of UrSiteHost servers.

Abuse of UrSiteHost's Server Resources:

Running programs in the background on a UrSiteHost servers without UrSiteHost prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of UrSiteHost servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, or any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice.

Hacking/Cracking:

UrSiteHost reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@ursitehost.com

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of UrSiteHost's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of UrSiteHost to provide this knowledge or support outside matter specific to UrSiteHost's servers.

If you need assistance in any of these areas, we provide professional help and design. Please see the Custom Design section of our site.

BACKUPS:

Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of UrSiteHost, UrSiteHost will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, UrSiteHost will attempt to recover the data from the most recent archive for a $75.00 fee.

To assist us in keeping your site and data safe, make backups of your site periodically.

IP NUMBERS:

UrSiteHost maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

BILLING POLICIES:

All billing occurs on the account activation date and on the anniversary of that date each month thereafter. We DO NOT prorate any fees with the exceptions of a changed Reseller status as outlined below. It is also your responsibility to see that the funds are available for that billing. If you pay by check and it is returned with NSF's, you will be charged $20.00 in addition to the normal billing for the returned check. For all other payment methods, if your card is refused, and the correction to the billing information is not complete by the next billing, a LATE FEE of $10.00 will be added to the billing. If you are more than a month past due, and your server has been put into suspeneded status, there is an additional $50.00 charge to re-activate your account.

Individual Resellers: The date in which an individual Reseller requests a resold account to be activated becomes the billing date for that resold account. In the event that an individual Reseller upgrades to a Bulk Plan, all accounts will be grouped and the total amount being billed will be adjusted to reflect the Bulk Plan fee and the date of the upgrade will become the billing date for the bulk plan.

Bulk Resellers: The date on which each bulk plan is purchased is the billing date for that bulk plan. In the event that a smaller bulk plan is upgraded to a larger plan, the resellers checking or credit card will be charged on that day the additional amount to add up to the new plan amount. However, the original bulk plan purchase date will remain the billing date for that bulk plan.

Multiple Billings: Individual and Bulk Resellers will have multiple billings on their banking or credit card statements. A charge will appear on the resellers banking or checking statement for each request that is made that produces a charge. It is the responsibility of the Reseller to keep up with account activation requests and domain registration requests.

FRAUDULENT ORDERS:

During the ordering process we track both your user agent (ISP) and IP address. In the event that you submit a fraudulent order, i.e. provide an unauthorized credit card, or present a check against an unauthorized account or an account with insufficient funds, we WILL file charges with the proper governmental agency. Your user agent is your finger print and can only be used by your computer on the world wide web and IS sufficient proof to law enforcement agencies of your activity on our servers. In addition to the above actions, UrSiteHost, will also report your user agent and IP address and any other information obtained to identify you to all backbone providers.

CHARGE BACKS / NSFS:

In the event that any person(s) reverses the charges on credit card charges or presents a check in which the account is insufficient of funds, does not exist, or is unauthorized, UrSiteHost retains the right AND WILL confiscate the domain name to which the account resides under.

MONEY BACK GUARANTEE:

Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, UrSiteHost will refund your hosting fee.

Individual Reseller's and Bulk Reseller's - In the event that you become unsatisfied with our services within 30 days of your Reseller account activation, only your initial account fees will be refunded. However, once you have added a resold account to your Reseller Plan you will no longer qualify for the money back guarantee/refund. We can not be HELD LIABLE for any fees that you charge your clients and will NOT refund such fees.

UrSiteHost does not refund fees which you have paid to register any domain names.

LIMITATION OF LIABILITY:

UrSiteHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from UrSiteHost’s servers going off-line or being unavailable for any reason whatsoever. Further, UrSiteHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of UrSiteHost’s servers. All damages shall be limited to the immediate termination of service.

UrSiteHost shall be the sole arbiter of what is and is not a violation of these acceptable use policies. UrSiteHost reserves the right to terminate an account at any time and for any reason that causes harm to any UrSiteHost customer's web sites. UrSiteHost reserves the right to delete all content and files upon termination. UrSiteHost reserves the right to withhold any prepaid funds for any site removed for violations of these policies. UrSiteHost reserves the right to refuse, cancel, or suspend service at our sole discretion.

UrSiteHost reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Clients should review these Policies every two weeks for changes and additions.

Violations of these Policies should be referred to abuse@ursitehost.com

All complaints will be investigated promptly.