The Universal Terms of Service Agreement states the basic terms of your use the Site and the Services. This Hosting Service Agreement this (" Service Agreement") controls your use of To Ultra's Hosting solutions "Hosting Services"). Taken advantage of terms made use of in this Service Agreement, but not specified are defined in the Agreement.
Movement of Servers: You acknowledge as well as concur that as a normal course of business, it might be necessary for us to move our servers. As a result, even if you have a dedicated IP, you might be appointed various IP numbers. We do not require that you will certainly be able to continually preserve your offered IP numbers.
Discontinuation of Hosting Services: You concur and acknowledge that upon expiry or discontinuation of your Hosting Services, you have to stop the use of the Hosting Services as well as give up the use of the IP addresses and server names appointed to you about Hosting Services, consisting of aiming the domain system (" DNS") for your domain( s) away from our web servers. Before termination of the Hosting Services, you are in charge of relocating your site or server material off our web servers. We will certainly not transfer or FTP your site or server material to an additional company. If you fail to move your web site or server material off our servers before cancellation, we will remove all such material as well as we will certainly not have the ability to offer a copy of such web content.
Notification Regarding Licensed Images on Migration or Export (where available): Subject to all various other suitable licenses conditions, images certified as well as readily available for usage are intended for To Ultra held customers just as well as go through the conditions of third-party intellectual property legal rights and licensing restrictions. To the level you desire to export or migrate your hosted product and services to an additional company (if available as an option), you entirely must guarantee your ongoing right to utilize any pictures integrated therein, as well as you recognize and concur that To Ultra does not warrant as well as shall have no duty for any kind of cases resulting from your continued use after movement and/or termination (whichever happens first).
Storage space Capacity: The complete quantity of functional storage capability for your specific Hosting Service( s) might differ from the stood for ability, as there is a needed area for the os( s), system documents( s), and other supporting data( s).
You recognize as well as agree that we will have the right to look for justification in connection with your use the Hosting Services, especially your acquisition of IP addresses, and you shall be bound to supply any type of and all information fairly looked for by us under such reason. In connection with such acquisition, you recognize and concur that your name, as well as validation, may be revealed to certain registries including, yet not limited to, the American Registry of Internet Numbers, based on plans promoted by any such windows registries as well as such information might be presented openly on the Whois data source.
Other threats and violent activities. You agree and recognize that you may not use our web servers and also your internet site as a resource, intermediary, respond to deal with, or location address for mail bombs, Internet package flooding, packet corruption, rejection of service, or other violent tasks that intimidate the security of our network or will certainly damage the systems of or cause a disturbance of web services too, To Ultra, our clients, or third-parties. Server hacking or various other perpetration of safety violations is restricted and we schedule the right to get rid of websites having details concerning hacking or web links to such info. Use your web site as a confidential gateway is prohibited. We restrict making use of software or manuscripts run on our web servers that create the webserver to lots beyond a sensible degree, as identified by us. You concur that we book the right to eliminate your website momentarily or completely from our web servers if you remain in the infraction of this Service Agreement and/or some tasks intimidate the security of our network. If one web site violates this Service Agreement, you acknowledge and concur that all web sites linked with your holding account might be eliminated. You better acknowledge and also agree that To Ultra books the right to scan your held account for destructive material (e.g., malware), and that, in the event any such content is discovered, it might be eliminated in To Ultra's discretion for safety functions. Storage and Security. You shall be only responsible for carrying out actions to (1) avoid any loss or damages to your site or web server content; (2) preserve independent archival as well as backup duplicates of your web site or web server content; and (3) ensure the security, confidentiality as well as honesty of all your website or server material transmitted with or kept on our web servers.
Our web servers are not an archive as well as we shall have no liability to you or any other person for loss, damage, or destruction of any one of your web content. The Hosting Services are not planned to supply a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and also Accountability Act) certified setting and also consequently ought to not be used or thought about as one. You will not utilize the Service whatsoever, in our single discernment, that will harm the operating or procedure of our solutions or devices. Specifically, by way of instance and not as a constraint, you shall not use the Hosting Services as:
(1) a repository or instrument for placing or saving archived data; and/or
(2) putting or keeping material that can be downloaded and install via various other web sites.
You recognize as well as agree that we have the right to execute a forensic assessment in case of a compromise to your web server or account.
Website/Server Content. You shall be only in charge of offering, upgrading, submitting, and keeping your web site or server and also all data, web pages, information, functions, information and/or materials on, within, presented, linked, or transmitted to, from, or through your site or server consisting of, but not limited to, profession or service marks, pictures, pictures, pictures, graphics, audio clips, video, email or various other messages, meta tags, domain names, software and also message. You concur and also acknowledge that in the course of giving you technical help, it may be essential for our assistance staff to customize, eliminate the content or alter of your hosted product. Your web site or web server web content will also include any kind of licensed domain offered by you or registered on behalf of you about the Hosting Services.
If access to a third-party holding website is needed in the provision of any Service, you represent and also warrant that you are authorized to offer us with accessibility to the third-party organizing account for this Service Agreement. You concur that you keep sole contractual as well as any other legal or fiduciary responsibilities related to your third-party organizing account.
If you request that we install any type of Third Party Software (defined listed below) not supplied as part of the Hosting Services, you require and also represent that
(1) you have the right to use and mount the Third Party Software,
(2) you have paid the suitable licensing costs for the Third-Party Software, as well as
(3) the Third-Party Software does not as well as will not infringe on the intellectual property civil liberties of any other person or entity. You acknowledge as well as concur that incoming UDP is not sustained in shared holding settings. Website/Server Content. Your site might not consist of any of the following content:
( 1) image holding manuscripts that allow an anonymous user to submit a photo for the screen on an additional internet site (comparable to Photobucket or Tinypic);.
( 2) banner ad solutions for display on other sites or gadgets (industrial banner ad rotation);.
( 3) file dump/mirror scripts that allow a confidential user to upload a file for various other to download (comparable to RapidShare);.
( 4) industrial audio streaming (more than 1 or 2 streams);.
( 5) switch mail scripts that enable the individual to specify recipient email addresses.
( 6) anonymous or bulk SMS portals.
( 7) backups of web content from another computer system or site.
( 8) BitTorrent trackers; or.
( 9) any kind of manuscript that triggers a deterioration in the efficiency of our web server or network environment.
Endless Disk Space/Bandwidth/Website Plans. Internet hosting as well as WordPress Hosting strategies are designed to host most individual, local businesses, and also organization web sites, as well as therefore we provide limitless transmission capacity and also some plans provide limitless disk room as well as sites. This implies that we do not set a restriction on the amount of transmission capacity, sites, or disk space you might use in the procedure of your website, offered it abides by this Service Agreement. In the event the data transfer, number of internet sites, or disk room usage of your site offers a risk to the security, performance, or uptime of our servers, data storage space, networking, or various other frameworks, you might be called for to update to a VPS or Dedicated Server, or we might do something about it to restrict the resources your website is utilizing.
Internet Site Accelerator Service. Our Website Accelerator solution (" Website Accelerator") offers a material shipment network (CDN) developed to optimize your website efficiency via caching and safe circulation of the fixed internet site content on a network or across the country spread servers. You acknowledge and also agree that your web site content will certainly be saved throughout the United States. You recognize and concur that the Website Accelerator might be discontinued or put on hold at any time, and also your engagement undergoes qualification, as detailed listed below. To be qualified for Website Accelerator, you recognize and also concur that you meet and also will certainly keep in compliance with the adhering to standards.
( 1) your site must be hosted in Phoenix, AZ.
( 2) your domain, as well as organizing, must remain in the same account.
( 3) you should have DNS with us.
( 4) you need to not make use of DNSSEC.
( 5) you might not have or include SSL certificates; if you include an SSL with CDN turned on, the SSL certification will certainly not work.
( 6) you have to have an Ultimate host plan; and also.
( 7) you may not alter operating systems.
WHMCS License. In the event you include the WHMCS license to your Business Hosting plan, you agree to be bound by both the WHMCS Terms of Service as well as the End User License Agreement, which are both thus integrated by recommendation. Your organizing plan may provide you with access to utilize WordPress Hosting. WordPress Hosting is a web site monitoring console that allows its customers to administer any type of the number of websites including, however not restricted to, administration, surveillance, backups, release, safety, as well as posting tools. You recognize as well as agree that your use of WordPress Hosting is subject to the terms of solution situated below, which are thus integrated by reference.
Interpretation as well as Scope. As part of the Hosting Services, you might be allowed to use certain software, widgets, or other applications (" Software") created, possessed, or accredited by a third-= celebration. Your use of this Software may be subject to extra terms. If the Software is accompanied by or calls for a permit agreement from the third-party provider, your use of the Software undergoes that certificate agreement, in addition to this Service Agreement.
Conditions and also terms Applicable to all Software and also Operating Software. You may make use of the Software as well as Operating Software solely as part of the Services. You may not remove, change, or obscure any kind of copyright, hallmark, or various other proprietary rights notifications that are had in or on the Software. Besides, you may not offer, change, re-use reverse-engineer, decompile, dismantle, reverse assemble, develop acquired works of or attempt to acquire the resource code from the Software.
To Ultra may provide your details to third-party carriers as called for to supply the third-party Software. To Ultra books the right to modify, change or terminate stipulation of the Software at any moment. To Ultra makes no depictions or service warranties concerning any kind of third-party Software offered about the Hosting Services, and specifically disclaims any type of responsibility. You will certainly indemnify, protect, and hold harmless To Ultra from as well as versus any type of and all claims imposed upon or sustained by To Ultra directly or indirectly developing from your usage or abuse of the third-party Software. The carriers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of imposing their legal rights under this Services Agreement.
The Hosting Services may be run in both Linux ® and also Windows ® atmospheres. Each time you appoint a web server, we will certainly stipulation the server with the operating system you pick.
We reserve the right to customize, change, or cease any type of Third-Party Software any time, as well as you agree to cooperate in performing such actions as might be required to mount any updates to the Third-Party Software. The Third-Party Software is neither marketed nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software beyond the Hosting Services. We might offer your details to third-party providers as called for to give the Third-Party Software. You agree and recognize that your use of the Third-Party Software undergoes our agreement( s) with the third-party providers. Besides, if the Third-Party Software is accompanied by or requires grant a solution or permit contract from the third-party supplier, your use the Third-Party Software is subject to such a solution or license arrangement. You might not download and install, mount, or make use of any type of Third-Party Software that is accompanied by or requires consent to a service or permits agreement from a third-party provider unless you first agree to the terms and conditions of such solution or license arrangement. You might not get rid of, customize, or rare any type of copyright, hallmark, or various other proprietary rights notices that are contained in or on the Third-Party Software. You may not turn around designer, decompile, or disassemble the Third-Party Software, other than and also just to the degree that such task is expressly allowed by appropriate law. You recognize and also agree that the third-party service providers (and also their providers and also affiliates) make no depictions or service warranties concerning any type of Third-Party Software provided about the Hosting Services, as well as specifically disclaim any type of responsibility or damages (whether straight, indirect, or substantial) occurring from making use of the Third-Party Software. You concur and recognize that any kind of Third-Party Software will be supported by us and not by the third-party providers (or their associates or distributors).
Additional Terms as well as Conditions Applicable to pictures and also Software. The third-party service providers listed in this area make no representations or service warranties about any kind of Software supplied about the Hosting Services, and also specifically disclaim any obligation or problems (whether direct, indirect, or substantial) emerging from making use of the Software.
You are accountable for taking care of and also preserving in good standing any type of paid membership and/or account needed with a third-party carrier. You need to cancel or end your paid membership and/or account with the applicable third-party carrier as well as not To Ultra.
Regarding this Section 9.3, "Personal Data" suggests any kind of details connecting to a recognized or identifiable natural individual or, to the level appropriate under Applicable Laws, a house; a recognizable individual is one that can be defined, directly or indirectly, significantly yet not restricted to by recommendation to a user identification or special identifier, such as name, identification number, specific geo-location information, on-line user recognition, or by referral to one or more aspects particular to physical, physical, hereditary, economic, cultural, or social identity. "Personal Data" does not include aggregated, anonymous, or de-identified data, such as Usage Data. "Usage Data" as used herein indicates any kind of and all details reflecting the access or use the Hosting Services by or in your place, consisting of, yet not limited to go to-, session-, steam-data and also other or analytical analysis, info, or data based upon or originated from any one of the foregoing. You agree and acknowledge that you have no civil liberties to Usage Data., as such terms are specified by Applicable Laws.
Any kind of use of any Hosting Services entailing To Ultra's Dedicated Servers operating on the DED4 Platform that includes You saving specially safeguarded data undergoes the adhering to added terms:
You will certainly not send through the Hosting Services any kind of unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (" HIPAA") (" PHI");.
You will not send through the Hosting Services any kind of encrypted PHI unless the Parties have become part of an equally acceptable Business Associate Agreement (" BAA") based on HIPAA.
You will certainly not submit with the Hosting Services any kind of unencrypted Personal Data based on regulatory security under Applicable Laws of the United States federal, state, or neighborhood governmental authorities; as well as.
You will not submit via the Hosting Services any kind of encrypted Personal Data without providing previous notification and obtaining prior permission from the information topic, as called for by Applicable Law.