Website Hosting Terms
Hosting Terms, Service, & Conditions
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “Services” refers to the web hosting and other services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The terms “You” , “customer” or “User” means you, the customer and any other user of our services; the terms “UBaZinga” or “us” or “we” refers to UBaZinga.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload a copy of your content to our servers (while always one or more back-up copies for yourself). When you do this uploading, you are creating one or more copies of your content, Web site, web files and other data on our system (your “User Content”). By purchasing hosting or other services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website, and for keeping back-up copies of those items. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc
You consent to be called by a representative of UBaZinga LLC (www.ubazinga.com) at the telephone number above and/or emailed important information about UBaZinga products and services.
When you sign up, your UBaZinga account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, you will be notified within 30 days of your renewal date with an invoice for payment fee(s) due. If you wish cancel your hosting package at anytime, you must cancel within 14 days prior to your renewal date. If you have any questions as to when your renewal date is, email firstname.lastname@example.org. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term and payment of all fees will be required.
Please note that special offers are limited-time promotional prices that are available only to new customers and are valid for the initial term only.
By renewing or using your services and products you further agree to all of UBaZinga’s Terms of Services and any renewal prices.
If more than 7 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, UBaZinga shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 30 days behind in making payments, your data will be deleted. You hereby acknowledge that this is UBaZinga’s policy when it comes to data retention, and waive all rights in and to your data in these situations. UBaZinga WILL NOT be held responsible for any intellectual property or data loss in the event of failure to pay for hosting services.
Invoices for renewals will be issued 30 days in advance of payment due and should be paid no later than than the stated due date to ensure uninterrupted hosting service.
UBaZinga LLC will meet your needs, Guaranteed. If you are not satisfied for any reason, we will work with you within the scope of your agreed desgin hosting agreement and terms to meet your needs anyway we can.
Our mission is to Keep It Simple. That includes doing what we can to keep you satisfied with the web hosting products and services we provide.
UBaZinga also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. UBaZinga reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. UBaZinga reserves the right in its discretion to charge the holder of the account used to send any unsolicited e-mail a clean up fee.
Acceptable Use/Illegal Activity
UBaZinga strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
Uploading or linking to any content that violates another’s right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
Hosting large amounts of data not specifically tied (“linked”) to your hosting account. UBaZinga encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Hosting any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner.
All services provided by UBaZinga may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless UBaZinga from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required.
User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers
Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and they will take effect when posted; your continued use of the service means you accept the changes we have made.
If UBaZinga is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if UBaZinga is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse UBaZinga for what it pays to satisfy a judgment or settle a case, you also agree to pay UBaZinga ‘s reasonable attorney’s fees and all other costs UBaZinga incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But lawyers say that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. UBaZinga EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UBaZinga MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. UBaZinga DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, UBaZinga cannot be held liable for it. IN NO EVENT SHALL UBaZinga BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF UBaZinga HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of UBaZinga due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of United States, the State of Indiana will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Indianapolis, Indiana.
When These Terms Take Effect
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) . If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By paying for and using UBaZinga services you agree to the above terms of service as in effect from time to time.