Ultradesic Terms of Service

1.) Account Setup

We will setup your account after we have received payment and we have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content

All services provided by Ultradesic may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless Ultradesic from any claims resulting from the use of our services.

Examples of unacceptable material:

IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. Please read hostgator.com/mailpolicy.html

Ultradesic reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Ultradesic also reserves the right to make any such modifications in an emergency at our sole discretion.

Ultradesic reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Ultradesic. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from Ultradesic, in advance of the time period during which such services are provided. You agree that until and unless you notify Ultradesic of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Ultradesic reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. Ultradesic is not responsible for files and 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 Ultradesic servers.

6.) Cancellation and Refunds

Ultradesic reserves the right to cancel the account at any time.

Customers may cancel at any time. Ultradesic gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on dedicated servers. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent
f) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Money back Guarantee

On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Ultradesic's managed shared plans carries a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is ONLY for monthly shared or reseller packages, and not for dedicated servers.

10.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on www.ultradesic.com, and the right to increase the amount of resources given to plans at any time.

11.) Reselling

Ultradesic strictly forbids the reselling of your account resources unless you purchase a reseller account. Please contact us if you are interested in subleasing our hosting services. Any violation will result in the immediate termination of your service.

12.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Ultradesic harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ultradesic, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ultradesic against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ultradesic; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Ultradesic's server.

13.) Disclaimer

Ultradesic will not be responsible for any damages your business may suffer. Ultradesic makes no warranties of any kind, expressed or implied for services we provide. Ultradesic disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Ultradesic and its employees.

14.) Changes to the TOS

Ultradesic reserves the right to revise its policies at any time without notice.