General Terms And Conditions

Kindly read these general terms and policies of the service agreement carefully, as it holds important information regarding your legal rights and remedies.


 

OVERVIEW:

That general agreement is going to concede between UltaHost and (you/your company) if you accept the terms and conditions. And it will become applicable from that time when you signed that E-agreement and start using our services. That agreement states the general terms and conditions of the sites, products, and services purchased/used, or accessed through this site. In some cases, a Service agreement and some additional policies may apply because of some other services which you may take. And in such cases, the arrangement including additional services is applicable and else than the general agreement.

The terms “we, us, our” reefer’s UltaHost, and the terms “you, your, user, client, customer” refers to any person or entity who accepts that service agreement and uses UltaHost services. Moreover, that agreement is applicable for the timeline within which the client is using our services. Nothing in this Agreement will be considered to prevent any outsider rights or advantages.

UltaHost holds the right to change, update or terminate any aspect of this site or the services, including without limitation of prices and fees for the same, at any time.

 

1. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are:

  • At least eighteen (18) years of age,
  • Otherwise recognized as being able to form legally binding contracts under applicable law, and
  • Are not a person barred from purchasing or receiving the Services found under the laws of the United States of America or another applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, UltaHost finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. UltaHost shall not be liable for any loss or damage resulting from UltaHost’s reliance on any instruction, notice, document or communication reasonably believed by UltaHost to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, UltaHost reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. 


2. ACCOUNTS; TRANSFER OF DATA ABROAD:

So, to use any of the features of this Site or use a few of the Services, you should make an Account. You speak to and warrant to UltaHost that all data you submit when you make your Account is exact, current and complete and that you will keep your Account data precise, current and complete. Suppose UltaHost felts or notifies that your Account data is false, erroneous, outdated or fragmented. In that case, UltaHost has the right, in its sole and total circumspection, to suspend or end your Account. You are exclusively answerable for all the action, that happens on your Account if approved by you, and you should keep your Account data secure, including without restriction your client number/login, secret key, Payment Method, and customer PIN. For security purposes, UltaHost suggests that you change your secret word and customer PIN at any rate once every six (6) months for each Account. You should tell UltaHost promptly of any break of security or unapproved utilization of your Account. UltaHost won't be at risk for any misfortune you acquire because of any unapproved utilization of your Account. You, in any case, might be at risk of any mishap, UltaHost or others bring about brought about by your Account, regardless of whether brought about by you, or by an approved individual, or by an unapproved individual.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

 

3. FINANCIAL ARRANGEMENTS:

  • The customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. The exact contract duration is decided upon at signup.
  • The customer agrees that all charges and fees associated with an account are their sole responsibility.
  • Services provided by 3rd parties and UltaHost partners are not part of the refund policy and no early-ending credit applies. Billing will stop at the end of the term during which the service is canceled. For any refund issue refer to the Refund Policy.

 

AUTOMATIC RENEWAL: At the end of the contract term, the contract will automatically renew at the then-current, non-promotional rate for the original contract length indefinitely until canceled.

UltaHost will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with your account. If you do not wish for any service to automatically renew, you may elect to cancel that service, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your Services before that date. Any Services must be canceled prior to their renewal date(s) in order to avoid automatic renewals. Renewal dates take effect at midnight.

If the customer's payment card is determined to be expired, invalid, or otherwise not able to be charged, the customer agrees that UltaHost may use other payment methods linked to the customer's bank account (such as new credit card credentials from your card issuer). If a shared hosting service is terminated after the 30-day period, the service will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be canceled.

  • Refer to the Refund Policy for the same.
  • Violations of UltaHost's Terms may, at UltaHost's discretion, result in immediate and permanent disablement without refund.
  • UltaHost reserves the right to disable or suspend without refund any account or service at any time should it feel, in its sole discretion, that there is a reasonable suspicion that it is being used in violation of any agreed-upon terms.
  • Disputed charges ("chargebacks") associated with any UltaHost account, at UltaHost's discretion, may result in immediate and potentially permanent disablement of Services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any Services may be reactivated.
  • UltaHost reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, UltaHost will provide notice to Customer and will allow Customer to cancel the Services without incurring additional change fees, but no refund will be payable for any fees previously assessed.

You agree to pay all fees and charges associated with your use of UltaHost services, including but not limited to subscription fees, transaction fees, and any other fees or charges that may apply. Payment must be made in advance of services being rendered unless otherwise agreed in writing. If any fees or charges are not paid in a timely manner, we reserve the right to suspend or terminate your access to UltaHost services. All fees and charges are non-refundable except as provided by law or in UltaHost sole discretion. We reserve the right to change UltaHost’s services’ fees and charges at any time by posting a notice on UltaHost's website.

 

4. GENERAL RULE OF CONDUCT:

You admit and agree that you, 

  • You will utilize this Site and the Services, including any substance you submit, will consent to this Agreement, any applicable Services Agreement or strategy that may apply to your Services and all material neighbourhood, state, public and global laws, rules and guidelines.
  • You won't gather or stock any User Content or any non-public or by and by recognizable data about another User or some other individual or element without their express earlier composed assent.
  • You won't utilize this Site or the Services in a way that:
    • Is unlawful or advances or supports criminal behaviour.
    • Advances support or participate in the misuse of kids or any movement identified with the expansion of kid sexual maltreatment material.
    • Advances energize or participate in psychological oppression, savagery against individuals, creatures, or property.
    • Promotes encourages or engages in any pornography content or nude imagery or solicits sexual activities (e.g., escort site with services listed);
    • Promotes encourages or engages in terrorism, violence against people, animals, or property;
    • Advances energize or participate in any spam or other spontaneous mass email, or PC or organization is hacking or cracking.
    • Promotes, encourages or engages in any Marijuana/CBD sales or products that contain THC;
    • Violations of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or comparative enactment, or advances, empower or participates in the deal or dissemination of physician-recommended medicine without a legitimate medication.
    • Violations of the Fight Online Sex Trafficking Act of 2017 or comparative enactment, or advances or encourages prostitution as well as sex dealing.
    • Encroaches on the protected innovation privileges of another User or some other individual or substance.
    • Promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction.
    • Disregards the security or exposure privileges of another User or some other individual or substance or breaks any obligation of secrecy that you owe to another User or some other individual or element.
    • Meddles with the activity of this Site or the Services found at this Site.
    • Contains or the introduction of any infections, worms, bugs, Trojan ponies or other code, records or projects intended to, or prepared to do, disturbing, harming or restricting the use of any product or equipment.
    • Contains bogus or beguiling language, or unverified or relative cases, concerning UltaHost or UltaHost Services.
    • Host, distribute, or otherwise make available any material that promotes or supports any illegal or banned organization, including but not limited to terrorist organizations or hate groups. This includes, but is not limited to, propaganda, literature, or other materials that express support for such organizations or promote their activities. Any violation of this clause may result in immediate termination of the customer's account, and UltaHost reserves the right to take legal action as necessary. The company will fully cooperate with law enforcement agencies in investigating any illegal activity related to its services.
    • Hosting, distribution, possession, or access of any form of pornography, including child pornography, through its services. Customers who violate this policy will have their accounts terminated immediately, and UltaHost reserves the right to take legal action as necessary. Customers who become aware of any illegal activity involving the company's services, including child pornography, must report it to the company immediately.
    • You not following UltaHost’s zero-tolerance approach to pornography, and especially to child pornography, UltaHost considers it a serious violation of its policies and the law. Any customer who engages in such behaviour will be permanently banned from using the company's services, and the company will fully cooperate with law enforcement agencies to bring the perpetrator to justice. The company encourages all customers to act responsibly and ethically in their use of the services, and to help maintain a safe and secure environment for all users
    • You shall not engage in any activity, whether in person or online, that intentionally defames, discredits, or otherwise maligns the public image or reputation of the company. This includes making false or misleading statements about the company, its products or services, its employees, or its business practices. Any such behaviour may result in suspension of account on an immediate and permanent basis.
    • Customer is prohibited on our Shared / VPS / VDS plans from using or allowing the Services to be used for any intrusive activity or any intrusion attempts (including, but not limited to port scans, sniffing, spoofing), crypto-currency mining, video game bots, etc.
  • You didn’t have the right to copy or distribute the data or any part of the site unless will authorize to UltaHost.
  • You should not have the right to modify or change any part of the site or the service or any of the belongings.
  • You won't access UltaHost Content or User Content through any innovation or program or means other than through this Site itself, or as UltaHost may assign.
  • You won't exchange or offer the Types of assistance for a business reason, including any of UltaHost connected innovations, without UltaHost express earlier composed assent.
  • You won't to evade, impair or in any case meddle with the security-related highlights of the Site or Services found at this Site or uphold restrictions on the utilization of this Site or the Services found at it, the UltaHost Content or the User Content in that.
  • You consent to give official photograph recognizable proof as well as official business ID is required for confirmation of character when mentioned.
  • UltaHost may now and again call you about your record. For the motivations behind all such call(s), you might be liable to get the recording and therefore agree to the equivalent, subject to any appropriate laws and our limitations and commitments thereunder, including, where reasonable, to record the sum of such calls whether or not UltaHost approaches you on a specific call for agree to record such call. You further recognize and concur that, to the degree allowed by pertinent law, any such recording(s) might be submitted as proof in any lawful continuing in which UltaHost is a gathering. Further, by giving your phone or mobile number, you agree to get promoting calls from or in the interest of UltaHost that might be started by a programmed phone dialling framework as well as utilize an artificial or pre-recorded voice. You comprehend that giving consent isn't a state of buying any significant or administration from UltaHost.
  • Additionally, by giving your mobile number, you agree to get promoting instant messages from or for the benefit of UltaHost that might be sent by a programmed phone dialling framework. You comprehend that giving consent isn't a state of buying any significant or administration from UltaHost. Message and information rates may apply.
  • Without restricting any of the rights put forward somewhere else in this Agreement, UltaHost explicitly maintains, whatever authority is needed to deny, drop, end, suspend, or limit future access of this Site or any Services of it to any User. Whom Account or Services were recently ended or suspended, regardless of whether because of break of this or some other Agreement or any UltaHost strategy. Who in any case draws in or has occupied with an improper or unlawful activity while using the Site or Services as determined by the sole authority of UltaHost.

 

5.  AVAILABILITY OF SERVICE:

As per the conditions of the terms and conditions of this Agreement and our different arrangements and methods, we are committed to providing sensible commercial service to endeavor to give this Site and the Services to our customers, 24/7 a week. You recognize and concur that every once in a while this Site might be blocked off or inoperable in any capacity what so ever including, however not restricted to, gear glitches; occasional support, fixes or substitutions that we attempt now and again; or causes past our reasonable control or that are not sensibly predictable including, yet not restricted to, interference or disappointment of telecom or advanced transmission joins, antagonistic organization assaults, network clog or other disappointments. You have to recognize and concur that we have no power over the accessibility of this Site or the Service on a constant or continuous premise and that we accept no risk to you or some other gathering concerning it.

 

6. CREDITED PRODUCT:

On the occasion, you are given an item on Credit, regardless of whether for recovery of the acquisition of a particular item or nothing with the addition of another product ("Purchased Product"), you recognize and agree that such Credit is just legitimate for 1 year and is only accessible with a substantial buy and might be ended in the occasion the item bought is erased, dropped, moved or not renewed. The Credit will terminate 1 year from date of acquisition of the Purchased Product if the Credit has not been reclaimed. If the Credit is reclaimed, after the underlying membership time frame, the item will naturally recharge at the then-current restoration cost until dropped. If you wish to decline the programmed recharging of the thing, you may do as such by visiting your Account or by reaching client care. In the occasion, your Purchased Product incorporates a free space name, if you drop the Purchased Product, the rundown cost for the area name will be deducted from the discount sum. The rundown price is the cost of the area name recorded on UltaHost's site and isn't dependent upon any advancement, rebate, or other decreases in value. For Credits issues for nothing with another Purchased Product, you recognize and agree that we may trade your Credit for a comparative item, in our sole caution.

 

7. BETA SERVICES:

Occasionally, UltaHost may offer new Services (restricted review services or recent highlights to existing Services) in a pre-discharge rendition. New Services, new highlights to existing Services or restricted see services will be known, separately and on the whole, as "Beta Services". If you choose to utilize any Beta Services, at that point, your utilization of the Beta Services is dependent upon the accompanying terms and conditions:

  • You recognize and concur that the Beta Services are pre-discharge forms and may not work appropriately.
  • You acknowledge and agree that your utilization of the Beta Services may open you to abnormal dangers of operational disappointments.
  • The Beta Services are given with no guarantees, so we don't suggest utilizing them underway or in crucial conditions.
  • UltaHost maintains whatever authority is needed to adjust, change, or stop any part of the Beta Services.
  • Whether commercially delivered renditions of the Beta Services may vary considerably, and programs, utilization, or run with the Beta Services may not work economically produced adaptations or ensuing deliveries.
  • UltaHost may restrict the accessibility of client care and uphold time committed to the help of the Beta Services.
  • You recognize and consent to furnish brief input regarding your involvement in the Beta Services in a structure sensibly mentioned by us, including data essential to empower us to copy mistakes or issues you experience.
  • You recognize and concur that UltaHost may follow your perusing conduct, joins clicked, things bought, your gadget type, and to gather different information, including examination, about how you utilize and connect with our Beta Services.
  • You recognize and concur that all data regarding your utilization of the Beta Services, incorporating your involvement in and sentiments to the Beta Services, is secret, and may not be revealed to an outsider or utilized for any reason other than giving criticism to UltaHost.
  • The Beta Services are provided "with no guarantees", "as accessible", and "with all shortcomings".

 

You recognize and concur that we may use your criticism for any reason, including item improvement purposes. At our solicitation, join you will furnish us with remarks that we may use freely for press materials and showcasing security. Any intellectual property inalienable in your input or emerging from your utilization of the Beta Services will be claimed solely by UltaHost. To the furthest reaches allowed by law, UltaHost disclaims all guarantees, legal, express or inferred, concerning the Beta Services including, however not restricted to, any suggested warranties of title, merchantability, readiness for a specific reason, and non-encroachment.

 

8. FEES AND PAYMENTS:

Are you agree that your Payment Method might be charged by one of our affiliated substances? In the case of your buy, your installment was distinguished as being prepared in the United States. Your UltaHost.com, Inc will handle your exchange; if your installment were recognized as being prepared in the USA, your deal would be prepared by UltaHost Domains United States, Inc.; if your installment were identified as being prepared in the United Kingdom, your exchange would be handled by UltaHost Europe, Ltd.; if your installment were recognized as being organized in the Indian region, your business would be operated by UltaHost India Domains and Hosting Services India Pvt Ltd. In the case of, during your buy, your installment was distinguished as being handled in a nation that isn't recorded over, your exchange might be prepared by a substance inside the unveiled country that is affiliated with our neighborhood installment service supplier, and subject to the arrangements of our Privacy Policy.

 

9. GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS:

General Terms are as follows:

  • Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.
  • UltaHost maintains all authority to change its costs and charges whenever, and such changes will be posted online at this Site and taking effect right now without the requirement for additional notification to you. If you have bought or acquired Services for a time of months or years, changes in costs and charges will be viable when the Services is referred to come up for restoration as additional depicted beneath.
  • Aside from as restricted in any item explicit understanding, you may pay for Services by utilizing any of the accompanying "Instalment Methods":
    • Legitimate charge card
    • Great as Gold Prepaid Services
    • Electronic installment from your own or business financial records, like proper (and as characterized beneath);
    • PayPal
    • Apple Pay
    • Master/Visa cards
    • Amazon Pay
    • Discover Pay
    • International Payment Option (as described underneath)
    • Express Checkout
  • Affirmation of that request will be shipped to the email address on record for your account. Your Payment Method on the document must be kept substantial if you have any dynamic Services in your Account. Also, you concur that the area for the handling of your instalments may change under any circumstances, including the kind of Payment Method picked, the money chosen, or changes or updates made to your Payment Method.
  • For refund-related issues, check our Refund Policy.
  • If you are billing on a monthly basis, your monthly billing date will be the date of the month; you purchased the Services.
  • Other than as required by applicable law, UltaHost doesn't hold printed copies or electronic variants of command, standing request, or standing guidance structures and additionally any marked agrees to identify with your use of our programmed reestablishment services, and we are accordingly incapable of giving any such report upon demand. You may view or change your programmed restoration settings whenever you by signing into your UltaHost account. 
    • To guarantee that you don't encounter interference or loss of services, all services are offered on programmed reestablishment. Besides the reasons portrayed underneath in this part, programmed recharging naturally re-establishes the pertinent endless supply of the then-current term for a restoration period equivalent to the latest service time frame (aside from space names which may restore for the first service time frame). For instance, if your last service period is for one year, your reestablishment period will ordinarily be for one year. Regardless, in the occasion reestablishment with the installment technique on the document falls flat, UltaHost may endeavor to restore the relevant service for a period not precisely the first membership period to the degree vital for the exchange to succeed.
    • But suppose you handicap the programmed restoration choice. In that case, UltaHost will naturally recharge the relevant service when it comes up for reestablishment and will take installments from the installment technique related to the service(s) in your record or your assigned reinforcement installment method(s) on a document with UltaHost. In consequently recharging your services, UltaHost will initially endeavor to charge the installment strategy related to the service(s) in your record. In the occasion UltaHost can't effectively set this installment technique, we will endeavor to charge the installment method(s) assigned as "fortification" in your record. Rebuilding efforts will be charged at UltaHost's then-current rates, which you recognize and concur might be lower or higher than the rates for the first service time frame. To see the reestablishment settings relevant to you and your services, essentially sign into your record supervisor from this site and follow the means discovered here. If suppose you don't want for any use to recharge consequently. In that case, you may choose for drop restoration, in which case, your services will endlessly supply of the then-current term, except if you physically re-establish your services preceding that date. As it were, should you choose to drop your item and neglect to physically recharge your services before they lapse, you may encounter interference or loss of benefits. UltaHost will not be at risk to you or any outsider concerning the equivalent.
  • What's more, UltaHost may partake in "continuing charging projects" or "record updater services" upheld by your Visa supplier (and eventually subject to your bank's support). If suppose we can't effectively charge your current installment strategy. In that case, your Visa supplier (or your bank) may inform us of updates to your Mastercard number or potential lapse date, or they may consequently charge your new Mastercard for our benefit without notice to us. According to repeating charging program necessities, if we are told of an update to your Visa number or potentially lapse date, UltaHost will consequently refresh your installment profile for your benefit. UltaHost makes no ensures that we will ask for or get refreshed charge card data. You recognized and agreed that it is your sole duty to alter and keep up your record settings, including yet not restricted to:
    • Dropping items
    • Guaranteeing your related installment method(s) are current and legitimate.
  • Further, you recognize and concur that your inability to do as such may bring about the interference or loss of services. UltaHost will not be subject to you or any outsider concerning the equivalent.
  • If in any capacity whatsoever UltaHost can't charge your Payment Method for everything owed, or if UltaHost gets notice of a chargeback, reversal, portion question, or is charged a discipline for any cost it as of late charged to your Payment Method, you agree that UltaHost may search after all available real fixes to get a portion, including anyway not limited to, brief scratch-off, without notice to you, of any territory names or Services selected or revived for your advantage. UltaHost similarly keeps up whatever authority is expected to charge you reasonable "administrative" costs" for:
    • Tasks UltaHost may perform outside the usual degree of its Services.
    • Additional time or conceivably costs UltaHost may cause in offering its Types of help.
    • Your opposition to this Agreement (as constrained by UltaHost in its sole and absolute alert).
  • Regular definitive or taking care of cost circumstances join, anyway are not confined to:
    • Customer uphold that requires additional near and dear time
    • Through UDRP actions(s) concerning your zone name(s) or conceivably discusses that need accounting or genuine services, whether or not performed by UltaHost staff or by outside firms held by UltaHost.
    • You are recuperating all costs and costs, including the cost of Services, obtained by UltaHost as the eventual outcomes of chargebacks or other portion questions brought by you, your bank, or the Payment Method processor.
  • These administrative costs or planning charges will be charged to the Payment Method you have on the archive with UltaHost.
  • UltaHost may offer thing-level assessing in various money-related principles. The trade will be set up in the picked cash, and the esteeming that appeared during the checkout cycle will be the authentic aggregate submitted for the portion. For specific Payment Methods, the underwriter of your Payment Method may charge you a new trade cost or other charges, which may be added to the last summary that shows on your bank enunciation or post as an alternate aggregate. Suppose it’s all the same to you check with the underwriter of your Payment Method for nuances. Moreover, paying little brain to the picked cash, you perceive and agree that you may be charged Value Added Tax, Goods and Services Tax, or other bound costs and taxes, taking into account your bank just as the country appeared in your charging address portion.

 

10. ADDITIONAL RESERVATION OF RIGHTS:

UltaHost unequivocally keeps up whatever authority is expected to deny, drop, fire, suspend, lock, or change permission to (or control of) any Account or Services (tallying the alternative to fall or move any space name selection) in any way at all (as directed by UltaHost in its sole and altogether alert), including yet not confined to the going with:

  • To address messes up made by UltaHost in offering or passing on any Services.
  • To guarantee the genuineness and quality of and to correct mistakes made by any region name vault or recorder.
  • To help with our coercion and abuse area and contravention attempts.
  • To adjust to court orders against you or conceivably your zone name or site and appropriate neighbourhood, state, public and worldwide laws, rules and rules.
  • To adhere to sales of law necessity, including gathering requests.
  • To consent to any question objective measure.
  • To monitor any legal action or traded-off legal effort without thought for whether such legal action or sabotaged real story is unavoidably made plans to be with or without merit.
  • To avoid any amiable or criminal commitment concerning UltaHost, its authorities, bosses, laborers and administrators, similarly as UltaHost's affiliates, including, anyway not limited to, events where you have sued or found a way to sue UltaHost.
  • To respond to any sort of summon with any law authority that may or may not have a direct issuance with UltaHost.
  • To cooperate with law enforcement agencies in investigating any illegal activity related to its services.
  • To respond to an extraordinary proportion of complaints related in any way to your Account, space name(s), or content on your site that could achieve mischief to UltaHost's business, assignments, reputation, or financial specialists.

UltaHost unequivocally asserts all power to overview each Account for excessive space and information transmission utilization and to end or apply additional charges to those Accounts that outperform allowed levels.

UltaHost unequivocally asserts all positions to terminate, without notice to you, all Services where, in UltaHost's sole politeness, you are disturbing or trading off UltaHost or possibly any of UltaHost's laborers.

Beside User Content, the substance of this Site and the Services, including without limitation the essence, programming, substance, source code, API, representations, photos, sounds, music, chronicles, and natural features and the brand names, service engravings, and logos contained in that ("UltaHost Content"), are guaranteed by or approved to UltaHost in endlessness, and are subject to copyright, brand name, or possibly patent affirmation in the United States and new countries, and other intellectual property rights under the United States and new laws. UltaHost Content is given to you "without any assurances", "as open" and "with all blemishes" for your information and individual, non-business use just and may not be downloaded, recreated, copied, appropriated, imparted, broadcast, appeared, sold, approved, or regardless mishandled for any reasons whatsoever without the express prior made consent out of UltaHost. This Agreement yields no benefit or grants under any copyright, brand name, patent, or other prohibitive right or grants agreement. UltaHost spares all rights not unequivocally permitted in, and to the UltaHost Content, this Site, and the Services, and this Agreement doesn't move obligation regarding of these rights.

 

11. TRADEMARK/COPYRIGHT CLAIMS:

  • UltaHost respects the intellectual property rights of others and expects its customers to do the same. Customers shall not use the services to infringe upon the trademark, copyright, or other intellectual property rights of any third party.
  • If UltaHost receives a complaint or notice alleging that a customer is infringing upon the trademark, copyright, or other intellectual property rights of another party, UltaHost may investigate and take appropriate action, which may include removing or disabling access to the allegedly infringing material, and terminating the customer's account if the infringement is found to be intentional or repeated.
  • If a customer believes that their own intellectual property rights have been infringed upon by another customer using UltaHost's services, they may submit a notice of infringement to the company, including a description of the infringing material and the basis for the claim.
  • UltaHost will promptly investigate any claims of infringement and take appropriate action, which may include removing or disabling access to the allegedly infringing material, and terminating the account of the infringing customer if necessary.
  • UltaHost takes the issue of intellectual property rights very seriously and encourages its customers to use the services responsibly and in compliance with all applicable laws and regulations.

 

12. LINKING TO THIRD-PARTY WEBSITES:

The Site and the Services found at the Site may contain connections to third-party sites that are not claimed or constrained by UltaHost. UltaHost accepts no accountability for the substance, terms and conditions, protection arrangements, or practices of any third-party sites. What's more, UltaHost doesn't control or alter the substance of any third-party sites. By utilizing this Site or the Services found at this Site, you explicitly discharge UltaHost from all obligations unfold from your utilization of any third-party site. Likewise, UltaHost urges you to know when you leave this Site or the Services found at this Site and to audit the terms and conditions, security arrangements, and other overseeing reports of one another site that you may visit.

 

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:

You explicitly recognize and agree that your utilization of this site and the services found at this site will be at your danger and that this site and the services found at this site are given "with no guarantees", "as accessible" and "with all issues". UltaHost, its officials, chiefs, workers, specialists, and all third-party service suppliers renounce all guarantees, legal, express/inferred, yet not restricted to, any suggested warranties of title, merchantability, readiness for a specific reason, and non-encroachment. UltaHost, its officials, chiefs, workers, and operators make no portrayals or guarantees about:

  • The exactness, culmination, or substance of this site
  • The precision, fulfillment, or sense of any locales connected (through hyperlinks, pennant promoting, or something else) to this site, and additionally
  • The services found on this site or any destinations connected (through hyperlinks, flag publicizing, or something else) to this site and UltaHost accepts no risk or obligation regarding the equivalent

Also, you explicitly recognize and agree that no oral or composed data or guidance given by UltaHost, its officials, chiefs, workers, or operators (counting without restriction its call community or client support agents), and third-party service suppliers will Establish lawful or monetary exhortation and make a guarantee of any sort regarding this site or the services found at this site, and users ought not to depend on any such data or counsel

The previous disclaimer of portrayals and guarantees will apply to the furthest reaches allowed by law. It will endure any end or lapse of this agreement or your utilization of this site or the services found at this site

 

14. INDEMNIFICATION:

You agree that it shall defend, indemnify, save, and hold UltaHost harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, ("Liabilities") asserted against UltaHost, its agents, its customers, servants’ 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, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless UltaHost against Liabilities arising out of

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with UltaHost 's Server;
  • Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement;
  • Any defective product that the Customer sold on UltaHost’s servers.
  • Your utilization of and admittance to this Site or the Services found at this Site
  • Your infringement of any arrangement of this Agreement or the approaches or agreements which are fused thus; or potentially
  • Your violation of any third-party right includes, without restriction, any intellectual property or other exclusive rights. The reimbursement commitments under this segment will endure any end or termination of this Agreement.

 

15. LIMITATION OF LIABILITY:

In no event will UltaHost, its authorities, bosses, agents, administrators, and all third-party service providers, be committed to you or some other individual or component for any quick, underhanded, circumstantial, remarkable, remedial, or significant damages by any means, including any that may result from:

  • The accuracy, satisfaction, or substance of this site
  • The precision, zenith, or substance of any areas associated (through hyperlinks, flag advancing, or something different) with this site
  • The services found at the site or any objections associated (through hyperlinks, standard publicizing, or something different) with this site
  • Singular injury or property mischief of any nature whatsoever
  • The third-party lead of any nature whatsoever
  • Any unapproved induction to or usage of our laborers or conceivably any substance, singular information, cash-related information, or other information and data sets
  • Any obstruction or discontinuance of services to or from this site or any objections associated (through hyperlinks, banner advancing, or something different) with this site
  • Any contaminations, worms, bugs, trickeries, or something to that effect, which may be conveyed to or from this site or any objections associated (through hyperlinks, banner advancing, or something different) to this site
  • Any user substance or substance that is injurious, irritating, harsh, terrible to minors or any guaranteed class, unequivocal, "x-assessed", foul or regardless of shocking
  • Any setback or mischief of any kind obtained on account of your use of the site or the services found, whether or not reliant on ensuring, agreement, offense, or some other genuine or fair speculation, and whether UltaHost is instructed concerning the opportunity of such damages.
  • Customer expressly agrees that use of UltaHost 's Services is at Customer's sole risk. Neither UltaHost, its employees, affiliates, agents, third-party information providers, merchants licensers, or the like, warrant that UltaHost's Services will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through UltaHost Services, unless otherwise expressly stated in this contract.
  • Under no circumstances, including negligence, shall UltaHost, its offices, agents, or anyone else involved in creating, producing, or distributing UltaHost's Server service be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use UltaHost’s Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to UltaHost’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content utilizing UltaHost’s Services.
  • Notwithstanding the above, Customer's exclusive remedies and UltaHost’s total liability for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, arising out of or in connection with these Terms or from the use or inability to use the Services, shall not exceed the aggregate amount which Customer paid to UltaHost during the six (6) months immediately preceding the claim.
  • You agree that UltaHost shall not be liable to you or any third party for any disclosure of customer data made in compliance with a subpoena, court order, or similar legal process.

Additionally, you unequivocally perceive and agree that in no event will UltaHost's finished complete danger outperforms $10,000 U.S Dollars.

The primary imperative of danger will apply to the farthest reaches permitted by law and will persevere through any end or end of this agreement or your use of this site or the services found at this site.

 

16. PROHIBITED CONTENT AND ACTIVITIES:

UltaHost prohibits hosting any unsolicited data and any unlawful activity over its servers, any data under this ambit but not limited to:

  • Illegal Activity: Customer may only use UltaHost Web Hosting's Server for lawful purposes. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited and the responsibility of the customer. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on UltaHost Web Hosting's Server. Also, using UltaHost's servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
  • Hacking: Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of UltaHost's computer systems or network to access any system, service, or network without the owner's consent is expressly forbidden.
  • Service Interruptions: Any activity which causes service interruptions to either UltaHost's network/servers or any outside network. This includes but is not limited to, the execution of Denial-of-Service attacks or other maliciously configured software.
  • Spam: Customer agrees to not have any content on their site that advocates, sells, or in any way makes available tools or methods to send unsolicited e-mail or Usenet postings (spam), or to use UltaHost Web Hosting's Servers for relaying unsolicited e-mail or Usenet postings, or to use unsolicited e-mail postings to advertise for their site hosted at UltaHost. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. More details about our anti-spam policy can be found here
  • Personal Information Harvesting: Collecting or using email addresses, screen names, or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
  • Spoofing/Impersonation: Usage of the UltaHost network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.

UltaHost will not be responsible in case there is any legal issue with the data hosted by the customer over UltaHost’s servers. Data’s credibility and lawfulness is solely the customer’s liability and in no case, UltaHost is responsible for their kind of data.

 

17. NO SPAM; LIQUIDATED DAMAGES:

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint centre to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Centre on the Web. Web: report abuse.

Liquidated Damages: You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

 

18. SANCTIONED COUNTRIES:

The customer agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from UltaHost under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, UltaHost from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

 

19. COMPLIANCE WITH LOCAL LAW:

UltaHost makes no depiction or assurance that the substance open on this Site or the Services found at this Site are reasonable in every country or region, and permission on the Site or the Services found on this Site, from countries or states where its substance is unlawful is refused. Users who choose to get to this Site or the Services found at this Site are liable for consistency with every local law, rules, and rules.

 

20. UNCLAIMED PROPERTY:

If you don't mind, be prompted that if a client has an exceptional record balance for 3 years or more in any capacity whatsoever, UltaHost may give installments to such a client, or UltaHost may give installments to the client as a paper check. Yet, the bill was rarely liquidated, at that point, UltaHost will turn over such record parity to the State of Arizona as per state law. You recognize and agree that in such case above, UltaHost may retain some charges in a sum equivalent to the lesser of $25.00 or the all-out extraordinary record offset related to such client.

 

21. ENTIRETY:

You agree that this Agreement, the rules and policies published by us, and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

 

22. GOVERNING LAW:

This agreement shall be governed by and interpreted and enforced in accordance with the laws of state laws of the United States of America and the federal laws of the United States of America applicable therein without reference to rules governing the choice of laws. Any action relating to this agreement must be brought in the location of UltaHost’s Headquarters’ location and you irrevocably consent to the jurisdiction of such courts.

 

23. DISPUTE RESOLUTION:

Any dispute or claim arising out of or relating to this Terms of Service agreement, including but not limited to its formation, interpretation, breach, termination, or validity, shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in the English language at the location of UltaHost and the customer’s mutually agreed place in the United States of America. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by the AAA. The arbitration proceedings shall be conducted in a manner consistent with the Federal Arbitration Act, and the arbitrator shall have the authority to grant any relief that would be available in a court of law.

The parties agree that any arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties further agree that the prevailing party in any arbitration shall be entitled to recover its reasonable attorneys' fees and costs.

By agreeing to this arbitration clause, you acknowledge and agree that you are waiving your right to a jury trial and that any arbitration proceeding will take place on an individual basis, not as a class action.

 

24. JURISDICTION:

This agreement shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. However, to the extent that the services are provided in any other country, you acknowledge and agree that the laws of those countries may apply to your use of the services and that you are solely responsible for compliance with those laws. Any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in the courts located in the United States of America, and the parties hereby submit to the personal jurisdiction of such courts. However, to the extent that the services are provided in any other country, you acknowledge and agree that the courts of those countries may have jurisdiction over disputes arising from your use of the services in those countries and UltaHost has no control over the substance and the intensity of the data used by you on UltaHost’s servers as such UltaHost cannot be made a party of any unlawful suit arising out on your part.

In any legal action or proceeding arising out of or related to this agreement, UltaHost shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such action or proceeding.

By accepting this agreement, you agree to submit to the personal jurisdiction of the courts specified in this clause and waive any right to object to such jurisdiction or venue.

 

25. SUCCESSORS AND ASSIGNS:

This Agreement shall be understandable upon and hardened to the benefit of the parties and their respective rights, successors, and assigns.

 

26. NO THIRD-PARTY BENEFICIARIES:

In this Agreement, nothing shall be deemed to conserve any third-party benefits or rights.

 

27. AMENDMENTS AND REVISIONS:

UltaHost reserve the right to revise, amend or modify these terms and conditions at any time and in any manner at UltaHost's sole discretion. Any revision, amendment or modification shall be effective immediately upon posting on UltaHost's website. Your continued use of UltaHost services after such posting constitutes your agreement to be bound by the revised, amended, or modified terms and conditions. You are responsible for reviewing the UltaHost website periodically to ensure that you are aware of any changes to these terms and conditions.

 

28. TITLES AND HEADINGS:

Titles and headings of that Agreement are for comfort and simplicity of reference just and will not be used at all to understand or decipher the agreement of the gatherings as in any case put forward thus. Each pledge and understanding in this Agreement will be understood for all reasons to be a different and autonomous contract or agreement. On the off chance that a court of skillful purview holds any arrangement (or part of an account) of this Agreement to be illicit, invalid, or in any case unenforceable, the rest of the structures of this Agreement will not be influenced along these lines. They will be discovered to be substantial and enforceable to the furthest reaches allowed by law.

 

29. SEVERABILITY:

  • If any provision of these terms and service agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed to be replaced by a valid and enforceable provision that achieves the same economic and practical effect as the original provision, to the extent possible under applicable law.
  • Any waiver or failure to enforce any provision of these terms and service agreement shall not be deemed a waiver of any other provision or right, and shall not affect the validity or enforceability of the remaining provisions or rights.
  • These terms and service agreements shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising under or related to these terms and service agreements shall be resolved exclusively in the courts of the United States of America.

 

CONTACT INFORMATION:

For any query regarding the terms of that Policy agreement, please contact at:

Email: [email protected]

Cell no: +1 302-966-3941

Address: 651 N Broad St. Suite 206.Middletown/Delaware.

Postal Code: 19709