Acceptable Use Policy(AUP)

By using our webhosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

The following are unacceptable uses:

• Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
• Adult Content such as photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes, links to such photos, or photos or videos showing graphic violence or death.

2serveU Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. 2serveU Hosting reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

2serveU Hosting servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of inacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".

We will be the sole arbiters as to what constitutes a violation of this provision.

2serveU Hosting reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of 2serveU Hosting's then current Acceptable Use Policy, in the sole and absolute opinion of 2serveU Hosting. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless 2serveU Hosting from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by 2serveU Hosting, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Tortious Conduct

No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

It is contrary to 2serveU Hosting policy for customers to use our servers to effect or participate in any of the following activities:

• To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients.
• To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a 2serveU Hosting provided server, or using a 2serveU Hosting provided server as a maildrop for responses.
• To falsify user information provided to 2serveU Hosting or to other users of the service in connection with use of a 2serveU Hosting service.

When 2serveU Hosting becomes aware of an alleged violation of its Acceptable Use Policy, 2serveU Hosting will initiate an investigation (within 24-48 hours). During the investigation 2serveU Hosting may restrict Customer 's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, 2serveU Hosting may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, 2serveU Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, 2serveU Hosting will notify the appropriate law enforcement department of such violation.

2serveU Hosting does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

The Customer shall be held liable for any and all costs incurred by 2serveU Hosting as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that 2serveU Hosting personnel must spend to investigate any violations.

Modification

2serveU Hosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations 2serveU Hosting’s policy may contact via e-mail: abuse@2serveu.net

CUSTOMER SERVICE AGREEMENT

This is an agreement between you and 2serveU Hosting regarding your use of 2serveU Hosting's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which 2serveU Hosting makes it's services available. Under this Agreement, you must comply with 2serveU Hosting's then current "Acceptable Use Policy," as updated from time to time by 2serveU Hosting, which can be viewed at : http://2serveu2.net/policy.htm

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

The following sections must be agreed upon by you, the Account Holder. If you violate any terms in the following sections the Account Holder agrees to indemnify and hold harmless 2serveU Hosting from any and all Claims resulting from the Account Holder's use of the services provided by 2serveU Hosting. The terms of each of the following Sections will survive any termination of this Agreement.

1. Information / Verification: All accounts are subject to verification. If your signup information cannot be verified, we will not set up your account. We do not lend, sell, or share your information in any way, so please make sure that all information is enterered correctly.

2. Services / Renewal: 2serveU Hosting will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

3. 30 Day Guarantee: There is a 30 Day Money Back Guarantee that is built into our payment processing system that gives you the opportunity to try our services Risk-Free!

4. Rates: Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that 2serveU Hosting reserves the right to change the specified rates and charges from time to time. This may result in a lower or higher price being advertised on our website. This rate change should not affect your billing.

2serveU Hosting will make every effort to keep our price to you the same as it was when you first signed up. That means that we are not required to notify you if we lower our prices. If you see a lower price advertised on our website, you may request us to honor that price and offer it to you.

Note: 2serveU Hosting is Not Required to lower your billing, since the advertised price may be a special that only applies to new customers.

5. Resource Limits: You agree that 2serveU Hosting may establish resource limits on individual accounts. These limits (such as disc space, email storage, bandwidth, etc.) may exceed their allotted amount if left unattended. It is the Account Holder's responsibility to monitor their resources to make sure that they do not exceed their limits (ex. don't let your mailbox overflow, watch your bandwidth, etc.).

If the resource limits do exceed their allotted amount, a nominal charge of $0.20 /MB extra storage space and /or $4 /Gig extra bandwidth will automatically get added to your monthly billing.

6. Uptime Guarantee: 2serveU Hosting's services are guaranteed to have a minimum of 99.95% uptime. This is calculated on a monthly basis. In the event that our services falter, we will reimburse the Account Holder for the down-time, if said Account Holder requests reimbursement.

Note: No reimbursement will be provided if the failure was outside of our Network Facilities. This includes connection failures from any of our carriers due to their equipment failures, earthquakes, floods, or any other "acts of God"

2serveU Hosting will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall 2serveU Hosting be liable to the Account Holder for any damages resulting from or related to any failure or delay of 2serveU Hosting in providing access to the Internet under this Agreement. In no event shall 2serveU Hosting be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of 2serveU Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

7. Cancellation Policy: After your initial 30 Day Guarantee you can still cancel your account. We require notification of non-renewal with at least 15 days notice but not more than 60 days prior to the renewal date. Cancelling is easy - just call us at 1-800-428-6572 and we will promptly send you an email to verify your request. You must respond to the email to confirm cancellation. If you do not respond to the email, you will be charged for the next terms rate.

8. Password Security: The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the 2serveU Hosting services, including any damages resulting therefrom, until the Account Holder notifies 2serveU Hosting's customer service.

9. Login Information: Account Holder is responsible for security of its password. 2serveU Hosting will not change passwords to any account without proof of identification, which is satisfactory to 2serveU Hosting, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that 2serveU Hosting will remain neutral and may put the account on hold until the situation has been resolved.

10. Communication Conduct: The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups.

11. Email Spamming: Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

2serveU Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, 2serveU Hosting will notify the appropriate law enforcement department of such violation.

11. Third Party Conduct: If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. 2serveU Hosting has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current 2serveU Hosting Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by 2serveU Hosting, 2serveU Hosting may terminate the services being provided to the Account Holder.

Note: This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.

12. Legal Usage: The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by 2serveU Hosting, based upon the severity of the violation.

13. Server Overload: The Account Holder agrees not to harm 2serveU Hosting, its reputation, computer systems, programming and/or other persons using 2serveU Hosting's services. 2serveU Hosting reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by 2serveU Hosting are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts.

Note: If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. 2serveU Hosting will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then 2serveU Hosting has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.

14. Disputes: The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Seattle, WA. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

15. Indemnification: The Account Holder agrees to indemnify and hold 2serveU Hosting harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and 2serveU Hosting will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.

16. Transferring: A 2serveU Hosting account may not be transferred without prior approval from 2serveU Hosting.

17. IP Addresses: If 2serveU Hosting assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the 2serveU Hosting services, the right to use that Internet Protocol address will remain with and belong only to 2serveU Hosting, and the Account Holder will have no right to use that Internet Protocol address except as allowed by 2serveU Hosting in its sole and absolute discretion.

18. Failure to Pay: 2serveU Hosting may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

19. Overdue Accounts: If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.

20. Chargebacks: If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.

21. Collections: If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.

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