Terms of Use

Upon signing up for UGTech Web Web Services Hosting, all customers agree to comply with all UGTech Web Services Hosting Terms of Use and Acceptable Use Policies, and accept all published Dislcaimers in this document and elsewhere throughout the UGTech Web Services web site. The spirit of this policy is to ensure our customers are using UGTech Hosting services with due regard to the rights of other Internet users and in conformity with the requirements of UGTech Hosting network environment.

Illegal and/or Unacceptable Use

UGTech Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include(but are not limited to): pirated software, hacker programs or archives, Warez sites, MP3 file sharing, online gambling, FFA scripts or FFA links, and IRC bots.

Adult Content

Adult-oriented sites are not allowed. This includes but is not limited to sites that are associated with nudity, sex, bestiality or child pornography, or sites which promote hate against any group ("hate groups"). Sites of such nature will be removed immediately and you will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Here at UGTech we take server security very seriously. 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, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Additionally, any evidence of disregard for server security by a UGTech customer will result in immediate termination of that customer's hosting account.

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 over their share of limits will be given one or more of the following options: to pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, upgrade its service plan, or terminate service and move to a different host.

URL Misappropriation

UGTech Hosting provides each account holder a sub-directory based URL (http://ugtech.net/~username/ --example only; this is not a real URL) for temporary use for purposes of uploading and testing of web pages and scripts during the DNS propagation process. However using the sub-directory URL takes its resources from the entire server and not from the domain's actual account. For this reason we do not allow sub-directory URL use after DNS propagation has taken place. Additionally we do not allow sites to use the sub-directory URL as a substitute for having a real, working domain with properly pointed name servers for the hosting account. Any web site with a resolved/propagated DNS which is found to be using the sub-directory for its URL on any of its pages or scripts is subject to immediate suspension without prior notice. Likewise any free hosting account which is found to be using the sub-directory URL either for any kind of redirect will also be suspended and/or terminated.

Chat Rooms

UGTech Hosting does not allow customers to install their own chat rooms not supplied as part of the package they lease from UGTech. Some Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. UGTech does feature both SQL-based (PhpMyChat) and non-SQL (Entropy Chat, Java Chat) programs in the Script Library in your Control Panel so that no matter what kind of hosting Package you have, there's a chat program you can use.

Background Running Programs and Cron Jobs

UGTech Hosting will allow programs to run in the background. These programs will be considered on an individual basis and customers may incur extra charges based on system resources used and operational maintenance needed.

IRC

UGTech Hosting does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commercial Emails or Advertisements) / SPAM

UGTech Hosting has a zero tolerance policy for spam. Spamming, the sending of unsolicited commercial or advertisement email from or through a UGTech Hosting server, or by using an email address that is maintained on a UGTech Hosting machine, or spamming chatrooms, newsgroups, bulletin boards, and/or forums with unsolicited advertisements for any domain hosted by UGTech, is STRICTLY prohibited. UGTech Hosting will be the sole arbiter as to what constitutes a violation of this provision. Generally as regards email, if commercial or advertisement email of any kind is sent out by a UGTech Hosting Account Holder or by any agent representing Account Holder's site, Account Holder MUST use double-opt-in. This means the sender (Account Holder) must have in possession verifiable proof (e.g. server logs, documents, etc.) that the email recipient requested to receive commercial or advertistement email specifically from that Hosting Account Holder, and this request must additionally be verified by a return confirmation email from the potential subscriber using the same email address that was submitted by the subscriber to the list. If a return confirmation email is not on file with the Hosting Account Holder for a subscriber of a list specifically for the purpose of receiving email from that Hosting Account Holder, then there is no way of verifying that the recipient actually requested commercial or advertistement email from the Account Holder. Commercial or advertisement email sent to an unverified recipient by/for the Account Holder will be considered to be spam. If a hosting Account Holder or his/her agent sends commercial or advertisement email to addresses on a bought, leased, or rented email list, this too will be considered spam. Account Holders are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a UGTech Hosting server. Additionally, use of insecure scripts allowing spam to be sent from any hosting account will not be tolerated. Violators of spam restrictions will be assessed a minimum fine of $500.00 and will face immediate suspension or termination (deletion) of the entire hosting account. Accounts terminated for spamming will not become re-eligible for hosting on any UGTech server. As regards unsolicited posting of advertisements in forums, chatrooms, newgroups, and bulletin boards (hereby all referred to as "Forum"), if posting such unsolicited advertisements for web site/s is against the Forum TOS, such advertisement if posted by a UGTech account holder will be considered by us to be spam. SUMMARY: A UGTech Hosting Account Holder may generate an email subscription list by inviting people to sign up for a specific email list at his/her web site. However, any person who signs up for that list must confirm their subscription by returning a confirmation email from the submitted email address. This confirmation email back from the subscriber is the UGTech Hosting Account Holder's only proof that the subscriber is indeed the person who requested to be on the list for the purpose of receiving commercial or advertisement email from the Account Holder. It is only after receiving this confirmation email that the UGTech Hosting Account Holder (or agent) may send commercial or advertisement email to the subscriber.

Server Abuse

Any attempts to undermine or cause harm to a UGTech Hosting server or customer are strictly prohibited.

Databases

Any database (MySQL or otherwise) stored on UGTech Hosting servers shall be limited in size to 50% of the total disk space allotted for that particular domain's web hosting account. For multi-domain hosting, the total database space used by all domains on the hosting account shall not be more than 50% of the total disk space allotted to the hosting account.

Pre-Installed Scripts

UGTech Hosting provides easy installation of many third party scripts/programs from within cPanel and Fantastico. These are all third-party software packages written by other companies and therefore are not supported by UGTech Hosting. Such programs include but are not limited to: OSCommerce, 4Images Gallery, Invision Power Boards, PHPbb, PHP Auction, and all others available in cPanel and/or Fantastico. If you choose to install any of these scripts onto your web space you do so at your own discretion and at your own risk: UGTech Hosting will not be liable for damages resulting from improper scripting of/in a program; lost, overwritten, or damaged databases; or any other problems on your web space resulting from installation of these scripts. Since we did not write the programs we DO NOT and cannot provide support for the actual operation and/or customization of these programs; we can only ensure that they are installed on the server and that the server itself is running properly. Most of these programs require some extra effort to customize the look for logos, colors, etc. UGTech does NOT provide this customization. We do provide links to each program's home page and/or support forums at installation time so you can seek assistance from the script's programmers to do your customizations. As to the actual running of the programs, although most of these programs/scripts are stable and run smoothly if used "out of the box" as installed from cPanel or Fantastico, occasionally there may be problems especially if the script's programmers have recently released an update. If you run into a question or problem after installing any of these scripts and we determine that the problem is coming from within the script itself and is not a server issue, we will close the support ticket and advise you that you should contact the script's programmer/s directly and/or visit the script's support forums.

Actions Taken by UGTech Web Services (applicable to ALL accounts)

The failure by a customer to meet or follow any of the above Terms of Use or Acceptable Use Policies will be grounds for account deactivation. UGTech Web Services will be the sole arbiter as to what constitutes a violation of the Terms of Use. Although we give notice whenever possible, UGTech Web Services reserves the right to remove any account without prior notice especially in cases of TOS (Terms of Service) violations which put our servers at risk, or if the site features illegal, pornographic, or hate group/racist content. When UGTech Web Services becomes aware of an alleged violation of its Terms of Use, UGTech Web Services will initiate an investigation. During the investigation, UGTech Web Services may at its discretion restrict a customer's access in order to prevent further potentially unauthorized activity. If a violation is determined to have occurred, depending on the severity of the violation UGTech Web Services may, also at its sole discretion, restrict, suspend, or immediately terminate and delete a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, UGTech Web Services will notify the appropriate law enforcement authorities of such violation. UGTech Web Services does not issue credits or refunds for outages incurred through service disablement resulting from Terms of Use violations. Neither does UGTech issue credits or refunds for unused time or services in hosting packages or hosting add-ons. Pre-stocked funds or prefilled/refilled accounts are likewise not refundable. No credits or refunds shall be issued to any customer for problems that are not a direct result of server malfunction on the part of UGTech hosting servers. Problems encountered by customer as a result of customer's (or customer's representative) inexperience, error, ignorance, incorrect browser settings, customer's operating system/s, third-party software or scripts whether on the server or on customer's computer, proxy or firewall settings, or by any other cause not directly related to UGTech server malfunction issues, shall not merit refund, credit, or compensation. UGTech Web Services customers agree to indemnify and hold harmless UGTech Web Services from any claims resulting from the use of our services that damages them or any other party. UGTech Web Services' service is provided on an as is, as available basis. UGTech Web Services expressly disclaims any representation or warranty that the UGTech Web Services service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and UGTech's promised up time. No oral advice or written information given by UGTech Web Services, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. UGTech Web Services and its partners and suppliers will not be liable for any costs or damages arising either directly or indirectly from any transaction or use of the service. UGTech Web Services is also not liable or responsible for any costs or damages arising from content contained in or posted on any customer's web site; nor will UGTech Web Services arbitrate any dispute between parties about content in any web site.

Modification

UGTech Web Services and Hosting reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Any user disregarding of any of these rules will be subject to immediate suspension without prior notice and have their hosting account deleted with no refund.