InfoUpgrade, LLC Terms of Service:
* Acceptance of terms of service
* Acceptable usage policy
* Prohibited Uses
* Payments and refund policies
Acceptance of terms of service:
* As a precondition and requirement to use the services available via InfoUpgrade.net, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and InfoUpgrade, LLC, InfoUpgrade.com, its subsidiaries and affiliates ("InfoUpgrade.net"). Each Subscriber is subject to these Terms, and by using InfoUpgrade.net's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
* Client agrees that it shall defend, indemnify, save and hold InfoUpgrade, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against InfoUpgrade, LLC, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless InfoUpgrade, LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with InfoUpgrade.net; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to clients through InfoUpgrade.net's server.
* InfoUpgrade, LLC, intends to provide the best possible web hosting service to each of its Subscribers. InfoUpgrade, LLC is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, InfoUpgrade, LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Acceptable usage policy:
* When a web site is found to be monopolizing the resources available, InfoUpgrade, LLC reserves the right to suspend that site immediately. This policy is implemented only in extreme circumstances and is intended to prevent the misuse of our servers.
As long as you do not violate any other terms in that page, you are able to host and destribute files with no limitation or restrictions.
Please note that over 85% of our clients never exceed even 2000 megs of total FTP and web page transfer combined, so you can be assured that our bandwidth is not choked by numerous 'load-heavy' sites. To further protect the integrity of our service, any individual site consistently using 10% or more of the system's resources may be issued a warning or have its account deactivated.
* SPAM - Any site operator who uses/stores any kind of spamming software, or whose spamming activities affect InfoUpgrade, LLC servers negatively in any way, will have their accounts terminated without warning.
* Mailing lists/Mass emailings - Mailing lists such as mailman, majordomo,PHPlist, etc. are not allowed to run from InfoUpgrade servers regardless of the contents of these lists' messages or size, and even with "doubled-obtained" email addresses.
* MLM - Any mailing, posting or content of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters or MLM (multi level marketing) schemes of any sort will result in quick account termination.
* HYIP - High Yield Investment related or linked to websites.
* Illegal Material - This includes copy-righted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.
* Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of InfoUpgrade, LLC please contact first if you think that you may violate this term.
* Online Gaming - Includes all online/offline Casinos, gambling, MUDs, interactive gaming on our servers, Anime communities, PlayStation games Forums, news, reviews.
* IRC bots - IRC bots such as Eggdrop, IRCD, PSY BNC etc. are prohibited.
* Shell scripts - shell scripts such as those that try to gain shell access or to run system command lines are prohibited.
* Hate material - We define hate material as that which expresses or promotes hatred against groups of people. For example, racist, anti-semitic, or homophobic material, or any material targeting a particular ethnicity or religion is considered to be hate material.. We reserve the right to identify hate material for what it is (including identifiers on member sites).
* Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking or cheating, 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.
* Shell access - InfoUpgrade does not provide shell access under any conditions, installing third party shell tools using CGI, PHP or any other method will met by instant termination of account.
* Hot-Linking - You can not use your account to store files or scripts that serve files or services to another domain name, all files have to be linked to pages to your index page (example: use website only to host your ebay auctions images is not allowed).
* BitTorrent: Or any thing related to bit torrents are not allowed to be hosted on InfoUpgrade.net web servers.
* Proxy: Proxies websites, scripts, ..etc are not allowed.
* Downloads: For packages with unlimited space or transfer, storing downloads is not allowed .
* Family "unfriendly" - You can not use your account to sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause InfoUpgrade, LLC to violate any law, statute or regulation.
* InfoUpgrade, LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL InfoUpgrade, LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT InfoUpgrade, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. InfoUpgrade, LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. InfoUpgrade, LLC'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL InfoUpgrade, LLC'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO InfoUpgrade, LLC FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, InfoUpgrade, LLC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
* InfoUpgrade, LLC is committed to protecting and respecting the privacy of all our Clients. The information collected from Clients when signing up is used for billing and administration purposes only and will be kept confidential. Contact and billing information collected will not be passed on to ANY third parties.
* InfoUpgrade.net does not save credit cards information.
Payments and refund policies:
* InfoUpgrade, LLC reserves the right to cancel the service at any time and a prorate refund will be made.
* InfoUpgrade offers a 30 Day Conditional Money Back Guarantee, which stipulates that InfoUpgrade, LLC will refund your payments in full within the first 30 days of your initial order (excluding domain registration fees) in case of:
- Hardware failure that causes a loss of data.
- Extended down time of website (2 hours or more).
- False or misleading advertising
* Invalid refund requests, or refund requests submitted more than 30 days after account setup will be ignored.
* In case of refund with domain registration, $15 will be cut from refunded payment to cover domain registration/transfer fees.
* Renewals for domain registrations &/or web hosting are done annually. If the subscriber intends to cancel service they must do so before the anniversary date. Once the anniversary date is hit, the account will roll into the new year and incur renewal fees.
The subscriber may lose ownership of the domain name &/or web space if payment to renew is not received by the subscriber's anniversary date. After the anniversary date, the subscriber will have 90 days to restore their account status to active. After 90 days, the account and all related domains will be unrecoverable.