Disclaimer
YOU AGREE THAT MJ MARKETING, INC. d/b/a ULTIMATE HOST WILL NOT BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO MJ MARKETING REGISTRATION SYSTEM; (d)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND ULTIMATE HOST ; (e)
EVENTS BEYOND ULTIMATE HOST CONTROL; (f) THE PROCESSING OF THIS APPLICATION;
(g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR
DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER;
OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, MJ MARKETING WILL
NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN
IF MJ MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL ULTIMATE HOST'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO ULTIMATE HOST FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE
PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS
LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
User-Supplied Content
All services may be used for lawful purposes only. Through Ultimate Host's Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the Ultimate Host Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
Ultimate Host is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Ultimate Host has the right, but not the obligation, to edit, remove or deny access to such content. Ultimate Host may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.
Pornography and sex-related merchandising are prohibited on all Ultimate Host servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Ultimate Host's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
- Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Network Security
Customers may not use the Ultimate Host Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Ultimate Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
CGI Scripts
Each Ultimate Host account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Ultimate Host is not allowed.
Chat Rooms
Ultimate Host prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Ultimate Host does provide its customers a choice of chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs
Background daemons in general are prohibited. Ultimate Host will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
IRC
Ultimate Host currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Ultimate Host Network.
Commercial Advertising/ Mass Mailings
You must not use the Ultimate Host Network, Ultimate Host equipment or any Ultimate Host email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mailings from another service that in any way implicates the use of the Ultimate Host Network, Ultimate Host equipment or any Ultimate Host email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, Ultimate Host reserves the right to disable your domain. In addition, Ultimate Host may impose a $100 penalty for each spam policy violation. Ultimate Host solely reserves the right to refuse or cancel service to known spammers. Lastly, Ultimate Host reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Protect Your Email Account From Spam
As email practices have become more lax in recent years, spam abuse has
become more prevalent. Email accounts with spam email tend to become
inundated, often-requiring users to read hundreds of spam emails to locate
legitimate emails. Spam email also generates high mail server loads that
can affect other users on shared servers. To combat spam, we employ
industry standard spam abuse counter-measures, but ultimately it is your
responsibility to protect your email account from spammers. Minimally, the
following three steps are absolutely required to protect your email
account from being accessed by spammers:
1. DO NOT POST YOUR EMAIL ADDRESS ANYWHERE ON THE INTERNET, INCLUDING
ANYWHERE ON YOUR WEBSITE, ON FORUMS, OR ON SOCIAL MEDIA SITES.
2. DO NOT SEND EMAIL TO, NOR REPLY TO EMAIL FROM ANYONE YOU DO NOT KNOW,
NOR ANYONE YOU DO NOT TRUST TO NOT ABUSE YOUR EMAIL, NOR ANYONE YOU DO NOT
TRUST TO NOT DISCLOSE YOUR EMAIL TO ANYONE ELSE.
3. DO NOT USE A "CATCH-ALL" OR "DEFAULT" ADDRESS FOR UNKOWN USERS ON YOUR
DOMAIN. WE CONFIGURE EMAIL FOR UNKOWN USERS TO BE DISCARD.
If spam abuse on your email account has reached a point at which industry
standard spam abuse counter-measures are unable to effectively combat spam
from affecting the usability of your account, or from generating high mail
server loads that affect other users on shared servers, you will have to
use a new email account that has not been revealed to spammers.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through Ultimate Host's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Ultimate Host Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Ultimate Host Network. If you use a domain name in connection with the Ultimate Host Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Ultimate Host reserves the right at its sole discretion to refuse or cancel service. Violation of any of Ultimate Host's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Service Cancellation
To authenticate a cancellation request, you must fill out the Online Cancellation Form. If this is not possible, you may fax the notice to 716-639-5996 or mail the cancellation notice to Ultimate Host, 273 Schoelles Road, Amherst, NY US. You must include your account email address, account name, account password and the domain on which you want to cancel the hosting.
We cannot accept cancellation requests over the phone for security reasons.
Indemnification
Customer agrees that it will protect, indemnify, save and hold Ultimate Host harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Ultimate Host, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Ultimate Host harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Ultimate Host's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Ultimate Host's Services.
Disclaimer
Ultimate Host will not be responsible for any damages your business may suffer. Ultimate Host makes no warranties of any kind, expressed or implied for services we provide. Ultimate Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ultimate Host and its employees. Ultimate Host reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Ultimate Host furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Ultimate Host wishes to emphasize that in accepting services, customers indemnify Ultimate Host for the violation of any law or Ultimate Host policy, that results in loss to Ultimate Host or the bringing of any claim against Ultimate Host. This means that if Ultimate Host is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Ultimate Host, plus costs and reasonable attorneys' fees.
