Spam
Sending or aiding (by promoting the sale or use of "Bulk Email" software or services) in the sending of unsolicited bulk email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Utropicmedia email address or website URL is prohibited. The use of Utropicmedia servers as a mail drop for responses to activities described above is also prohibited. Linking to providers of the activities listed above is also prohibited. Accounts canceled due to spam will be billed a clean-up fee of $500.
Renewal
Utropicmedia's renewal charges are billed automatically. Clients who prepay by credit card must keep their billing information current. At the beginning of your next payment cycle, Utropicmedia will begin applying hosting charges against the credit card on file. In the event of processing failure, a notice will be sent to the billing contact by email. If after 5 days payment has not been made the account will be suspended and another notice will be emailed. If after another 5 days payment has not been made, the account will be canceled.
Refunds
Hosting prepayments are nonrefundable. You must request cancellation prior to the start of your next billing cycle to prevent charges from being assessed.
14 Day Money Back Guarantee
14 Day Money Back Guarantee applies to any hosting fees paid within the first 14 days. Refund must be requested and the account must be cancelled within the first 14 days of service. If canceling your account in accordance with the Money Back Guarantee any promotions received in concert with the hosting account will not be fulfilled.
Cancellation
Utropicmedia reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:
1. The account violates our posted policy.
2. Payment for hosting fees is not received.
An account can be canceled voluntarily at anytime by contacting our support department. The contents of a canceled website may be deleted at anytime subsequent to account termination. Website files for canceled accounts are removed from the server 24 hours after the cancellation date and are NOT retrievable except from the tape backup (See Website Content Management below).
Upgrades
Hosting packages at Utropicmedia are configured to provide a balance of value and performance to clients. In order to maintiain service levels, we require that clients that require additional storage and/or bandwidth and/or CPU resources upgrade to the next package in their service area offering higher resource limits. Utropicmedia administration reserves the right to create custom packages at their discretion..
Security
Attempts to manipulate Utropicmedia servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to Utropicmedia servers, mail bombing, or other means of deliberately overloading systems.
System Abuse
This includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, CGI scripts sharing with domains outside of Utropicmedia, mass emails (i.e. 200 or more email messages per day), or using disproportionate amount of system resources for CGI Scripts. Utropicmedia will determine what constitutes system abuse.
Software/Multimedia Distribution
Accounts cannot to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Sites that contain links to pirated software or illegal contraband are also prohibited.
Policy Violation
If an account is used unlawfully or is in violation of the user policy, Utropicmedia reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the User Policy will be held responsible for damages to Utropicmedia, including but not limited to, Utropicmedia systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500 clean-up fee. Determining what constitutes a policy violation is the sole discretion of Utropicmedia.
Website Content Management
Utropicmedia is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained outside of Utropicmedia's facilities. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. A fee of $100 is applicable should a client require any files from our backup systems. We cannot guarantee that the files contained in our backup systems will be the most current copies available for a given site. Tape backups are rotated frequently so retrieval requests should be made within one week of deletion to ensure files are available for restoration.
Adult Content
Sites containing adult material, links to adult material or adult-oriented merchandise are governed by the juristiction of the physical location the data resides. All local, regional and national laws apply.
System Updates
Utropicmedia updates systems in real time as queued batch processes. Therefore, any updates made to the system may not be immediate. These processing times may be changed at anytime without notice. If a client or Utropicmedia support personnel (authorized by a client) makes any modifications to a hosting account, the client is responsible to ensure that these updates occurred.
Log Files
Log files will be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.
Indemnification/Disclaimer
Utropicmedia does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use Utropicmedia services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to Utropicmedia servers, domain name registrar problems, DNS caching, Internet bandwidth congestion, power failures and natural disasters. By using Utropicmedia services, the client agrees to indemnify and hold Utropicmedia harmless against any liabilities arising out of defective products sold to customers from Utropicmedia servers, personal injury or property damage caused by products or services sold or distributed from Utropicmedia servers, any material that infringes or allegedly infringes on the rights of a third party available from Utropicmedia servers, and any material that libels or allegedly libels a third party available from Utropicmedia servers.
Note: Utropicmedia reserves the right to revise our policies at anytime. Information repeated in our Terms of Service takes precedence over this document.
04/14/2008