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Photography by Gus/Uncensored-Hosting.com
Terms of Service, Acceptable Use,
Service Level Agreement & Privacy Policy
(TOS/AUP/SLA/PP)

 

Terms Of Service

1.PARTIES:

This Web Site Hosting ('Web Hosting') Agreement ('Agreement') is by and between Photography by Gus/Uncensored-Hosting.com ('Photography by Gus/Uncensored-Hosting.com'), and you, your heirs, assigns, agents and contractors ('You, Your, Client, Customer') and is effective upon electronic execution, receipt and acceptance of such order by Photography by Gus/Uncensored-Hosting.com. This Agreement sets forth the terms and conditions of Your use of Photography by Gus/Uncensored-Hosting.com Web Hosting services and represents the entire agreement between You and Photography by Gus/Uncensored-Hosting.com.

Client agrees that by placing an order electronically, you are agreeing to our Terms Of Service, Acceptable Use and/or Privacy Policy. No Modifications of this agreement by Client are allowed without written consent from Photography by Gus/Uncensored-Hosting.com.

Photography by Gus/Uncensored-Hosting.com will provide, the services Client has paid for in accordance with the terms and policies set forth herein. Client acknowledges that the service, and service fees have been communicated, understood by Client, and that the same are aware of all applicable charges set forth herein.

If Client’s actual bandwidth usage is expected to exceed allotted amount, specified in Client’s monthly plan, Photography by Gus/Uncensored-Hosting.com reserves the right to:

- offer Client an opportunity to upgrade their plan.
- present Client with a bill (electronic or otherwise) in advance based on the expected usage.

Additionally Photography by Gus/Uncensored-Hosting.com reserves the right to suspend Client's service once alloted bandwidth has been exhausted in any month. In the event of such suspension Client's site will go back online during the first twenty-four (24) hours of the following month and/or plan upgrade. Photography by Gus/Uncensored-Hosting.com also reserves the right to suspend Client services for failure to pay any bill or breach of this Agreement.

2. LIMITATION OF LIABILITY:

You agree that Photography by Gus/Uncensored-Hosting.com's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Photography by Gus/Uncensored-Hosting.com to You under this Agreement, and for any breach of this Agreement by Photography by Gus/Uncensored-Hosting.com, shall not exceed the fees You paid to Photography by Gus/Uncensored-Hosting.com for Web Hosting services.

3. INDEMNITY

You agree to release, defend, indemnify and hold harmless Photography by Gus/Uncensored-Hosting.com and its contractors, agents, employees, officers, directors, shareholders and affiliates from and against any loss, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Photography by Gus/Uncensored-Hosting.com and/or Your use of the Web Hosting services provided by Photography by Gus/Uncensored-Hosting.com.

4. DISCLAIMER OF WARRANTIES.

Photography by Gus/Uncensored-Hosting.com 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.

5. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

6. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF CALIFORNIA TO WIT THE COUNTY OF LOS ANGELES. THE LAWS AND JUDICIAL DECISIONS OF CALIFORNIA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT AND SETTLE SUCH CLAIMS BY ARBITRATION AS DEFINED BY THE NATIONAL ASSOCIATION OF ARIBITRATION. ARBITRARY DECISIONS ARE FINAL AND MAY BE RECORDED IN ANY COURT OF COMETENT JURISDICTION.

7. PAYMENT:

Establishment of this service is contingent upon receipt of payment from Customer to Photography by Gus/Uncensored-Hosting.com. Subsequent payments are due on the monthly or annual anniversary date of the plan purchased. All services are billed on a monthly or annual term in accordance with the aforementioned. No services will be prorated for less than a month. Effective Jan 1, 2008 customers may have their first month's subscription prorated in order to establish a recurring bill date on the 1st of each month.

8.PAYMENTS & FEES:

Accounts not paid by the date due are subject to a $5.00 minimum or maximum late fee not to exceed 10% of the amount due. All monies, fees and payments are stated in US currency. Service will be interrupted on accounts that are five [5] days past due. Suspended accounts are subject to a $25.00 reconnect charge. Effective February 3, 2010 reconnect charge has been reduced from $50.00 to $25.00.

Client authorizes Photography by Gus/Uncensored-Hosting.com to charge and/or cause their credit/debit card to be charged for any and all services, fees, fines and/or penalites in connection with this service and/or agreement until cancellation and/or termination by either party in accordance with these terms. Client agrees to notify Photography by Gus/Uncensored-Hosting.com of any changes to their credit/debit card account (including, without limitation, applicable account number, cancellation or expiration of the same), your billing address, or any information that may prohibit Photography by Gus/Uncensored-Hosting.com from charging your credit/debit card within five (5) days of such change.

As a courtesy Photography by Gus/Uncensored-Hosting.com may send invoices to you for any applicable charges associated with your use of the service. You agree to pay Photography by Gus/Uncensored-Hosting.com the amount indicated in each invoice by the due date reflected on the same. Client agrees to pay monthly/annual hosting bill on or before the due date even in the absence of receiving an invoice/bill.

9.DELINQUENT ACCOUNTS:

Photography by Gus/Uncensored-Hosting.com may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service or collection fees if applicable. Accounts that are not collectable by Photography by Gus/Uncensored-Hosting.com after three [3] months may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay Photography by Gus/Uncensored-Hosting.com a $75.00 “Processing and Collection” Fee.

10.ACCOUNT CANCELLATION:

Cancellation of any service must be submitted in writing, at least 15 days in advance. Such notice may be:

- e-mailed to compliance@uncensored-hosting.com
- delivered to P.O. Box 90068, Los Angeles, CA 90009
- faxed to our home office.

Confirmation of cancellation will be sent within three [3] business days.

11.REFUNDS & DISPUTES:

Photography by Gus/Uncensored-Hosting.com guarantees thirty [30] day customer satisfaction on all new accounts in good standing. Exisitng accounts and/or accounts older than 30 days enjoy coverage under our 100% Uptime (SLA) and Price Guarantee. Any virtual/reseller customer unhappy with our service during the first thirty [30] days may request a refund during the same period. Under no circumstances shall this guarantee extend beyond 5PM PST on the 30th day following the first payment on any new account. Nor shall a customer be entitled to excercise this option and receive a Service Level Adjustment (SLA/Uptime) for the same period. Additionally any customer ordering a dedicated server shall be subject to a non-refundable setup fee equal to one month's payment if they cancel their account within the first sixty [60] days. For the purpose of this agreement a new customer/account shall exclude pre-exisitng customers who may be upgrading/downgrading their service/account[s]. Aside from the monthly/annual payment anniversary date all services are deemed/defined as running from the begining (1st) of the month to the end (30th) of the month.

Excluding our 30 Day Money Back Guarantee, all payments to Photography by Gus/Uncensored-Hosting.com are nonrefundable. This includes any setup, onetime and/or monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, will result in service interruption. Late/restoration fees may also be applicable to restore service.

IMPORTANT NOTICE: *All Payments To Photography by Gus/Uncensored-Hosting.com Are Non-Refundable!*

12.100% UPTIME GUARANTEE:

Photography by Gus/Uncensored-Hosting.com has a 100% monthly uptime guarantee. This guarantee also know as a Service Level Agreement/Adjustment (SLA) applies only to Client's website and allows for reimburesement of unscheduled downtime due to network or hardware outage, within our control. It does not apply to secondary services including but not limited to ftp, ssh, mail, etc or clients not on a montly and/or yearly payment plan. Only http service is covered under our SLA guarantee. Credits claimed under this guarantee shall be calculated using the methodology of dividing Clients monthly payment by 43,200 and multiplying the result by the number of minutes actually down in any given calendar month up to and including the amount paid for said month. Under no circumstances shall Service Level Ajustment/credit exceed amount paid for hosting in any month. Alternatively client may request the equivalent of any credit in the form of additional resources such as bandwidth or diskspace for said month. Client may also bank or deposit such credit/resources for use at a later date. However in so doing client agrees to waive any future cash claim and use the credit only for additional resources. Furthermore client's account must be in good standing. Bad standing includes but is not limited to account suspension, arrears, investigation into TOS/AUP violation. Pursuant to our SLA client's may file a claim for credit against our 100% uptime guarantee only during the first ten [10] days of the month immediately following the month in which downtime occurred. For example unscheduled downtime that oocurred in August must be claimed between September 1-10 of the same year. The number 43,200 equals the number of minutes in a thirty day period, generally a month. This SLA does not apply to Acts Of God, Terrorism, Martial Law, or an imposed State Of Emergency. Nor do we apply this guarantee to 3rd party software installed by and/or run by the customer. Customer error, such as accidentally deleting important files or any other factor beyond our control.

13.BACKUPS:

As a professional courtesy and contingency for catastrophic loss Photography by Gus/Uncensored-Hosting.com schedules FREE weekly backups of Client data to a remote off site server in another geographical locale. These backups are deemed the normal course of network administration and shall in no way relieve Client of their responsibility to make regular backups of their data. Clients are strongly urged to:

- backup their server/websites from the control panel.
- keep a copy of their data on their local hard drive, and/or at a remote location.
- purchase our optional backup solution for your site(s) and/or server.

We offer this backup solution for the following reasons:

- The hard drive your site is on will fail one day. Hardrives are mechanical and simply can not last forever. When they crash all the data on them are either lost or too costly to recover.
- Disaster (natural or otherwise) does occur in which case all the data may be lost, inaccessible or too costly to recover.
- If you inadvertently delete something we can restore the site.
- If your site is ever hacked/defaced we can restore the site.
- We can restore your site(s) much faster than you can upload it from your DSL, Cable or God forbid dialup connection. Typically we can restore any site in less than one (1) hour. Larger sites will naturally require more time.
- This service only costs $5.00/month per domain inculsive of addon, parked and/or subdomains.
- The backup plan is cost effective and cheaper than the hourly ($82.00) restoration fee.
- The backup plan is insurance for your data.
- It is always better to have it and not need it, then to need it and not have it. Which of course is why we do the backups in the first place.

When hardware failure occurs, Photography by Gus/Uncensored-Hosting.com shall make every effort to replace the failed hard drive, Operating System (OS) and control panel without additonal charge. Client Data will be restored/transferred from the lastest backup created during the normal course of network administration and billed at the hourly rate of $82.00 or any portion thereof and/or a minimum of one (1) hour absent an optional backup plan or Client's instruction to the contrary.

Client's subscribed to our optional backup plan may request restoration from the last two (2) backups per master domain in any given month.Inclusive of addons, parked and/or sub domains without additional charge. For the purposes of this service a domain includes all the addon, sub and/or parked domains accessible by the same control panel excluding Web Host Manager (WHM) interfaces. Eg: Single and Multi-domain virtual hosting plans are counted as one (1) domain. Each domain setup by resellers also counts as one (1) domain and includes any addon, parked and/or sub domains that may be associated with the domain's individual control panel. Additional requests for restoration will be billed at the regular hourly rate of $82.00 or any portion thereof and/or a minimum of one (1) hour.

Effective Jan 3, 2005 Reseller and Dedicated customers can purchase offsite backup solutions by the GB instead of per domain. Now you can send up to 10GB of data to our remote backup server once a week for only $20.00/mo and enjoy the peace of mind that this insurance provides. Additional data may be backed up in 5GB increments or parts thereof for only $5.00 more per month.

Photography by Gus/Uncensored-Hosting.com shall not be liable for loss of data, or revenue under any circumstance. Photography by Gus/Uncensored-Hosting.com makes nor implies any warranty or guarantee that backups will be error free.

 

14.ACCEPTABLE USE POLICY

Use of Photography by Gus/Uncensored-Hosting.com's service constitutes acceptance and agreement to Photography by Gus/Uncensored-Hosting.com's Acceptable Use Policy, as well as Photography by Gus/Uncensored-Hosting.com's Terms Of Service. Photography by Gus/Uncensored-Hosting.com reserves the right to revise, amend and/or modify our Acceptable Use Policy, Terms of Service, or our other policies and agreements at any time. Notice of any revision, amendment, or modification will be emailed to the last known address of all exisitng clients at least thirty [30] days in advance and published to www.Uncensored-Hosting.com with the effective date in accordance with our Terms of Service. Existing clients who continue to use the service as evidenced by their continued payment shall be deemed in agreement with said change in Terms of Service or Acceptable Use or Policy and subject to compliance with the same. All users of Photography by Gus/Uncensored-Hosting.com hosting services, and their clients, must comply with this Acceptable Use Policy and our Terms of Service

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services. However, in accordance with our Terms of Service, we may remove any materials that, in our sole discretion, may be illegal, subject us to liability, or which may violate this Acceptable Use Policy. Photography by Gus/Uncensored-Hosting.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of either your Photography by Gus/Uncensored-Hosting.com account or other actions as detailed below without notice, based upon the nature of the violation

This document is intended to provide a basic understanding of Photography by Gus/Uncensored-Hosting.com's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Photography by Gus/Uncensored-Hosting.com's Acceptable Use Policy. If a Client violates this Acceptable Use Policy or our Terms Of Service, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and necessary corrective action, however the nature of the violation may require immediate termination of service.

15. PROHIBITED USES

ILLEGAL ACTIVITIES: Photography by Gus/Uncensored-Hosting.com services may not be used for illegal purposes, or in support of illegal activities. Photography by Gus/Uncensored-Hosting.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

HARM OR ENDANGERMENT: You may not use Photography by Gus/Uncensored-Hosting.com’s service to harm, or attempt to harm, minors in any way, including, but not limited to proliferation, or dissemination of child pornography, bestiality or any illegal content. This includes advertisments and/or links to such content. Client agrees not to use Photography by Gus/Uncensored-Hosting.com’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

FORGERY OR IMPERSONATION: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

UNSOLICITED EMAIL, NEWS BOMBING (SPAM): Use of Photography by Gus/Uncensored-Hosting.com to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the immediate suspension and/or termination of the offending account. Anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will be subject to:
- $250.00 Fine. This fine will be used to clean up the mess caused by the same. Pay for IP reassignment and/or administrative costs related to the same.
- Having their server/account suspended/removed from our network without further notice or refund. In which case the server/account will not be reconnected until such time that you agree to remove any and all traces of the offending material, suspend and/or terminate the offending account immediately upon reconnection. Additionally you agree to allow us access to your server/account to confirm/deny compliance. Severe violations may result in immediate and permanent removal of the server/account from our network without further notice to the customer or refund. Any account guilty of a second violation will immediately and permanently be removed from our network without further notice or refund. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending server/account without further notice or refund.

COPYRIGHT OR TRADEMARK INFRINGEMENT: Use of Photography by Gus/Uncensored-Hosting.com hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is strictly prohibited. Use of Photography by Gus/Uncensored-Hosting.com hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent are strictly prohibited. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Notification of Claimed Infringement must meet the following requirements:

1. It must be a written communication;
2. It must be sent to the designated agent.
3. It must include the following:

a) A physical or electronic signature of a person (Complaining Party) authorized to act on behalf of the owner of an exclusive right that is claimed to be infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material eg: URL to the same and/or each item;
d) Information reasonably sufficient to permit the service provider to contact the Complaining Party. Including but not limited to physical address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When a Complaining Party provides a Notification of Claimed Infringement in compliance with the above rules, the Service Provider will do the following:
1. Expeditiously remove or disable access to the material that is claimed to be infringing; and
2. Take reasonable steps to notify the alleged infringer ("Subscriber") of the infringement claim(s) and that the material claimed to be infringing has been removed or that access to the material has be disabled;
Upon receipt of notice from the Service Provider that a claim of infringement has been made and that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.

Counter Notification must meet the following requirements:

1. It must be a written communication;
2. It must be sent to the designated agent.
3. It must include the following:

a) A physical or electronic signature of the Subscriber;
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d) The Subscriber's name, address, telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, the Service Provider will:
1. Promptly provide the Complaining Party with a copy of the Counter Notification;
2. Inform the Complaining Party that it will replace the removed material or cease
disabling access to it within ten (10) business days following receipt of the Counter Notice;
3. Replace the removed material or cease disabling access to the material within ten (10), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received a certified copy of an order from the Complaining Party that a court of competent jurisdiction has restrained Subscriber from engaging in infringing activity relating to the material on Service Provider's network or issued injunctive relief to the same effect.


CAUTION:
Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer, copyright owner(s), authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

NETWORK DISRUPTION : Use of Photography by Gus/Uncensored-Hosting.com hosting service for any activity which affects the ability of other people or systems to use Photography by Gus/Uncensored-Hosting.com hosting services or the Internet are strictly prohibited. This includes but are not limited to "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment. Photography by Gus/Uncensored-Hosting.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Photography by Gus/Uncensored-Hosting.com, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of Photography by Gus/Uncensored-Hosting.com hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Photography by Gus/Uncensored-Hosting.com or another entity's computer software, hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Client's account will be terminated immediately without refund.

SECURITY: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

NETWORK SECURITY: Photography by Gus/Uncensored-Hosting.com hosting accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS:

Photography by Gus/Uncensored-Hosting.com requests that anyone who believes that there is a violation of this Acceptable Use Policy notify our Compliance Department. Please provide the IP address, entire email including headers, date and time of the violation, URL, DMCA report and/or evidence of the violation.

16.PRIVACY POLICY

Photography by Gus/Uncensored-Hosting.com will not sell or give any personal information to any third party, or persons not affiliated with Photography by Gus/Uncensored-Hosting.com. Exceptions include but are not limited to satisfying court orders, criminal and/or civil investigation or litigtion as outlined in our Acceptable Use Policy and/or Terms Of Service.

17.WARRANTIES & REPRESENTATIONS

You warrant, represent, and covenant to Photography by Gus/Uncensored-Hosting.com that:
(a) you are at least eighteen (18) years of age and/or you possess the legal right and ability to enter into this Agreement;
(b) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines;
(c) you will be financially responsible for the use of your account;
(d) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content;
(e) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and
(f) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.