Violations of this policy may be sent to
Utiware Limited (Utiware, Utiware Software Limited) will provide you, the client, with webhosting services at a reasonable cost. This includes, but is not limited to, any disk space, Bandwidth, Servers, or and special services including, but not limited to, MySQL, PHP, Perl, Raw Access Logs, Web Services, Account Management tools.
1. Account Management – All Utiware accounts can be managed by visiting our control panel at http://panel.utiware.net, or by emailing support@Utiware.net. Utiware at its own expense may develop further tools and security measures that allow the client to manage his or her account. Utiware reserves the right to charge an extra fee for certain additional support services. Customer is solely responsible for any long-distance or telephone access fee’s charged by their long-distance or telephone service provider.
3. 30-Day Money Back Policy – Utiware will refund all Web Hosting fees within the first thirty days from the date of order, less any Web Design Services and Domain Name Registration costs, to all customers provided that this Terms of Service Agreement has not been violated.
5. Spam Policy – Utiware has a zero-tolerance UCE/SPAM policy and will not tolerate the sending (origination) of any Spam/UCE (unwanted emails) from our computer networks. Utiware reserves the right to charge a fee of $5.00 for each message that leaves our network. Spam Reports may result in account suspension and/termination if proved to be accurate. Unwanted SPAM/UCE messages ENTERING our network shall be deemed as unauthorized trespassing on private equipment.
6. Warez / Copyright Policy – Warez pertains to any illegal copyright infringements. This includes any MP3s, Digital Music, Software, Graphical Images, Layouts, or any other copyrighted item. Copyright Infringement will result in immediate account suspension and/or termination.
7. Pornography Policy – No pornography will be permitted on our networks for any reason. If pornography is found on any account (or dedicated/colocated server) the account (or server) will be suspended and removed from our systems/network. Child Pornography will be reported directly to the proper law enforcement agencies including local, state and/or federal agencies and will result in IMMEDIATE termination of the customers account.
8. Ponzi, Donation Site MLM/Pyramid Scheme, Investment Sites FOREX, Second Life/Linden Exchange, E-Gold Exchange, etc. Policy – Any website found containing any of these banned characteristics or features will result in immediate and permanent account termination. No refund will be issued.
9. Denial of Service Attacks [DOS] – Denial of Service and hacking attacks will not be tolerated on our services. If any are found they will be reported to the correct law enforcement agency, and may result in termination of services provided.
10. Backups and Data Loss – Utiware is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Utiware servers. You are solely responsible for independent back-up of the data you store on our servers.
11. Responsibility of Equipment – Utiware is responsible for maintaining all hardware in its shared hosting machines and any hardware that is required for accessing our networks this includes (routers, switches, hubs, and internet connectivity lines) this does NOT include hardware in our datacenters such as, but not limited to, equipment that is collocated and/or dedicated to clients, client internal networks, and any other hardware shipped to us by the client).
12. Liability Disclaimer – The information, services and products available to you on this Web site may contain errors and is subject to periods of interruption. While Utiware Limited does its best to maintain the information, services and products it offers on the Web site, it cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this Web site.
Utiware Limited PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Utiware Limited BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF Utiware Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE OR FILE A CLAIM IN ACCORDANCE WITH YOUR SERVICE LEVEL AGREEMENT (SLA).
13. Modification of Terms of Services – Utiware may, in its sole discretion and at any time, modify or discontinue any service on Utiware; limit, Terminate or suspend your use of or access to Utiware; and/or make changes to these Terms of Service. It shall be the clients sole-responsibility to check back regularly and ensure that they are in compliance with any changes in the terms of services – Utiware in its sole-description may notify clients of such changes as it deems necessary.
14. Copyright Infringements – Copyright Infringement complaints may be sent to Utiware by following our DMCA Legal Policy located at: http://www.utiware.net/dmca-copyright-infringement/
15. Authority & Jurisdiction – These terms of services shall be governed by and construed in accordance with the laws of the state of Ohio, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of Ohio. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the services contained on these Web sites, or the use of these Web sites, must be filed within one year after such claim or cause of action arose.
16. INDEMNIFICATION – You agree to indemnify and hold Utiware Limited, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the message boards and services on Utiware Limited Web sites, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards/services using your computer, of any intellectual property or other right of any person or entity. Utiware Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.