Terms of Use
LevelUp Web Hosting provides Internet World Wide Web
page hosting, Marketing, and Development. LevelUp Web
Hosting has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved
in these services.
LevelUp Web Hosting's general
policy is to act as a provider of Internet presence.
LevelUp Web Hosting has specific ethical concerns regarding
the use of its computers detailed below. LevelUp Web
Hosting reserves the right to suspend or cancel a customer's
access to any or all services provided by LevelUp Web
Hosting when we decide that the account has been
inappropriately used.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of LevelUp Web Hosting is strictly prohibited.Unauthorized use of other people's accounts or computers LevelUp Web Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a LevelUp Web Hosting customer, whether or not the attacked account or computer belongs to LevelUp Web Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - LevelUp Web Hosting has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, excessive incoming emails ( junk emails), illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by LevelUp Web Hosting to be unacceptable use of LevelUp Web Hosting services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity, promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual displaying material containing obscene nudity or pornographic material, displaying material that exploits children under 18 years of age Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
Abuse of Traffic and Bandwidth:
The intention of LevelUp Web Hosting is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on LevelUp Web Hosting's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of LevelUp Web Hosting management. Any customer who violates LevelUp Web Hosting's policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the problem is not resolved within the allotted period, you will be billed for the overages.To maintain the integrity of our service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
Bandwidth is closely monitored , all website accounts cannot go over their allocated limit. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account should you go over. It is your responsibility to monitor bandwidth usage. You will receive an e-mail notice when you have gone over your allotted bandwidth. LevelUp Web Hosting may temporarily disable your website, until contact is made with the client, if LevelUp Web Hosting deems the bandwidth overage excessive. You will have 5 days to pay for your overages before the account is sent to collections.
LevelUp Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your account will be disabled for 72 hours and will be fined $100. Upon your second offense your account with LevelUp Web Hosting will be terminated and you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.Abuse of SMTP Mail Server:
We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact Support to have your domain moved.Background Running Programs:
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.Payment Policies:
All accounts are set up on a month to month basis. All pricing is guaranteed for the term of monthly payments. LevelUp Web Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies LevelUp Web Hosting requesting termination of services. All payment is in U.S. currency.Cancellation:
LevelUp Web Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by LevelUp Web Hosting if LevelUp Web Hosting institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)Cancellation of service, must be done as the following:
Contact the Billing department with your domain name, username, password, and a full statement allowing us to cancel service.
Your files WILL BE DELETED within 7 days of receiving this email. Phone or email requests will not constitute acceptance of any cancellation and a refund will NOT be given if cancellation is not properly requested. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation, if a refund is due.
Lawful Purpose:
LevelUp Web Hosting reserves the right to refuse service to anyone. Customers may only use LevelUp Web Hosting's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of LevelUp Web Hosting management.Severability Clause:
That should any article, section, subsection, clause or phrase of these Terms of Service for any reason be held unconstitutional or invalid, such decision or holding shall not affect the validity of the remaining portions hereof. It is the intent of LevelUp Web Hosting and its representatives to enact each section, if necessary, and be in force regardless of the determined invalidity of any other section or provision.CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD LEVELUP WEB HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST LEVELUP WEB HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS LEVELUP WEB HOSTING AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH LEVELUP WEB HOSTING'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM LEVELUP WEB HOSTING'S SERVERS.