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TERMS OF USE
Underscore Hosting is an internet based service
that provides domain registration and web
hosting. Domain registration is accomplished
through accredited domain registrars. It
is possible that another party may register
your domain name before we do. We accept
no liability for this or any other circumstances
that may result in this failure. In which
event, a refund will be issued unless you
request another name as an alternate.
Underscore Hosting reserves the right to
refuse service to anyone at any given time
at its sole discretion for reason(s) of infringement
of copyrights or any other reason(s).
SERVICE USAGE POLICY
Underscore Hosting does not allow any of
the following to be stored in the web hosting
space that you are provided with.
Illegal Material - This includes copyrighted works, audio,
video, or music files, and any material in
violation of any Federal, State or Local
law.
Adult Material - Includes pornography, erotic images, and
obscene content. The definition of "adult
material" is left entirely to the discretion
of Underscore Hosting.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP
spoofing, etc., and encrypting of any of
the above. Also includes any sites which
provide "links to" or "how
to" information about such material.
Spam & Undesirable E-mail Services - No spamming. We reserve the right to cancel
anyone spamming immediately and without refund.
We also reserve the right to cancel without
refund, any account that causes our company
to be blocked by any e-mail service - this
includes selling bulk-emailing software and/or
e-mailing lists. Spammers will incur a minimum
$500 service fee.
If you are found to be involved in any of
the above activities, then your account will
be immediately terminated without warning,
and you will not be entitled to any refunds
that you would otherwise have been entitled
to upon leaving/canceling your account with
us.
HIGH RESOURCE USAGE
Resources are defined as bandwidth and/or
processor use.
Underscore Hosting may at any given time
implement the following policy to its sole
discretion:
When a website is found to be overusing the
resources available, Underscore Hosting reserves
the right to suspend that website immediately.
This policy is only used in extreme circumstances,
and is intended to prevent the misuse of
servers on which your site will be hosted
or any other servers with which your site
is associated with.
INTERNET RELAY CHAT
We do not allow IRC or IRC bots to be operated
on our servers.
PAYMENT POLICIES
All accounts are set up on a prepayment basis.
Although Underscore Hosting may periodically
change prices of accounts or services at
any time, all pricing is guaranteed for the
period of prepayment.
For annual accounts, payment is due each
anniversary of the date the account was established.
Customers will be assumed to wish to renew
their account at the end of their prepay
period. The account will be automatically
charged for the next year unless a cancellation
form is submitted.
In situations where the account owner does
not renew his/her account (whether yearly
or monthly), Underscore Hosting will suspend
service after two failed attempts to retrieve
the payment. To reactivate the account at
this point, there is a $15 reactivation fee
plus the monthly or yearly payment due. Underscore
Hosting can not guarantee that suspended
sites will remain intact on our servers.
Additionally, Underscore Hosting reserves
the right to suspend or cancel other services
by the same customer with an outstanding
balance, until the outstanding debt is cleared.
The customer is responsible for all funds
owed on the account from the time it was
established to the time that the customer
submits a cancellation form. No other method
will be accepted for cancelling an account.
No bills or invoices will be sent by regular
(snail) mail. All invoices will be sent directly
via email after the online purchase has been
made. At this point the customer's credit
card will be charged automatically.
Money Back Guarantee
The 30-day money-back guarantee begins from
the date of purchase as reflected on your
receipt. The money back guarantee does not
apply to domain registrations, only to hosting
packages.
To receive money back according to our guarantee,
the customer must submit a cancellation form.
The cancellation form dates the day of cancellation
and if that date is within 30 days of the
customer's signup, the money is refunded
and a confirmation is sent.
CANCELLATION AND REFUNDS
Underscore Hosting reserves the right to
cancel services at any time. In the event
that this cancellation is not due to a violation
of the terms of service, customers will be
entitled to a pro rata refund based upon
the remaining period of membership. If a
customer breaks Underscore Hosting service
usage policy and or our terms of agreement
a refund will only be issued at our discretion.
Customers may cancel their account at any
time by using the cancellation form. Any
incentives or promotions offered to customers
when opening the account will also be cancelled.
Customers may be given the option to purchase
services which were offered as start-up incentives
in the result of a cancellation.
Fees charged on a prepay basis are
only refundable
where the money-back guarantee applies
(see
above).
INDEMNIFICATION
The customer warrants that any domain name
registered by Underscore Hosting on his/her
behalf is to the best of their knowledge
NOT in violation of any trademarks or any
other laws.
Customer warrants that it shall defend, indemnify,
save and hold Underscore Hosting harmless
from any and all demands, liabilities, losses,
costs and claims, including attorney's fees
asserted against Underscore Hosting`s owners,
their agents, their 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,
agents, employees or assigns of the owners
of Underscore Hosting. Customer agrees to
defend, indemnify and hold harmless Underscore
Hostings owner/s against liabilities arising
out of; (1) any injury to person or property
caused by any products sold or otherwise
distributed in connection with Underscore
Hosting. (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 customer from Underscore
Hosting
PROPER USAGE POLICY / ACCEPTABLE TERMS OF
CONTENT USAGE
Underscore Hosting provides web access services
and hosting to a number of clients primarily
for informational and entertainment purposes.
While USH has made every reasonable effort
to perform reasonable due diligence on the
background of its hosted websites and the
business entities and individuals who have
registered for same, users should be sensitive
to the fact that information exchange on
the Internet is an inherently unreliable
medium and that no information contained
on any site hosted or promoted by USH is
guaranteed, warranted or otherwise represented
to contain any verifiable statements of fact.
Users of all USH-hosted sites rely on any
and all information contained therein at
their own risk and are strongly encouraged
to perform appropriate due diligence on all
products, services and/or contests which
may be offered thereon. USH and its operations
and development staff are, unfortunately,
in no position to independently verify any
information contained on any site, so any
requests by any user to our staff will not
be responded to. This Terms Of Content Usage
disclaimer shall be deemed to apply with
equal force to all sites identified as USH-hosted
sites regardless of whether or not said disclaimer
is expressly included on said site. USH,
its employees, agents, officers, directors,
agents, successors and assigns (collectively
"USH Control Matrix") is not affiliated
with, or operating under shared common control
of, or functioning as a parent organization
to, any duly incorporated entity operating
in the United States, Canada or the European
Union which is not otherwise identified as
a USH Affiliate Site. USH claims no right
or ownership in any intellectual property
of any third party other than that contained
on USH website servers or which is explicitly
identified as originating from or designed
by the USH Control Matrix, however, USH may
from time to time adopt or use such intellectual
property for illustrative purposes only and
with no prejudice to any third party's intent
to exercise or claim exclusive license in
said property. All rights in intellectual
property created, adapted, and housed on
USH member sites is the exclusive property
of USH Control Matrix.
UNLAWFUL OR PROHIBITED USE
You agree not to use any USH Website
or service
for or in connection with tampering,
hacking,
modifying or otherwise corrupting the
security
or functionality of the files and services
of the Websites, interfering with or
disrupting
the USH network, or posting, e-mailing,
or
otherwise transmitting any data that
contains
any software viruses, trojan horses
and/or
other code, files or programs intended
to
destroy, disrupt or otherwise impair
a computer's
functionality or the operation of the
Websites.
You agree not to use any Website for spoofing
or otherwise impersonating any person or
entity, such as another user or any USH personnel,
or using the services for any fraudulent
or illegal purpose, or gathering personally
identifiable information without prior consent.
As a condition of your use of the Websites,
you will not use the Websites for any
purpose
that is unlawful or prohibited by these
terms,
conditions, and notices. You may not
use
the Websites or any areas on the UnderScore
Hosting system in any manner that could
damage,
disable, overburden, or impair any
site hosted
at UnderScore Hosting, through hacking,
password
mining, or any other means. You may
not obtain
or attempt to obtain any materials
or information
though any means not intentionally
made available
through the sites hosted at UnderScore
Hosting.
Failure to abide by the above terms
will
result in your IP address being banned
from
further access, and your Internet Service
Provider and appropriate authorities
being
notified.
DISCLAIMER
Underscore Hosting will not be responsible
for any damages you may suffer. Underscore
Hosting makes no warranties of any kind,
expressed or implied for services we provide.
Underscore Hosting disclaims any warranty
or merchantability or fitness for a particular
purpose. The includes loss of data resulting
from delays, server malfunctions, missed
backups, non-deliveries, wrong delivery,
and any and all service interruptions caused
by Underscore Hosting`s proprietors and their
employees. Underscore Hosting reserves the
right to revise its policies at any time.
REFERENCES MADE
Underscore Hosting refers to the proprietors
of Underscore Hosting
WE refers to the proprietors, employees and
agents of Underscore Hosting.
YOU refers to the party with whom Underscore
Hosting has entered into agreements/contracts
with and including his/her agents
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