Terms & Condition


ACCEPTANCE OF TERMS OF SERVICE

As a precondition and requirement to use the services available via http://www.uplinehosting.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Upline Hosting, Inc. dba http://www.uplinehosting.com, its subsidiaries and affiliates ("Upline Hosting"). Each Subscriber is subject to these Terms, and by using Upline Hosting's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Upline Hosting. Further, Subscriber represents and warrants all information provided by Subscriber to Upline Hosting has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Upline Hosting in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Upline Hosting must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.

Upline Hosting intends to provide the best possible web hosting service to each of its Subscribers. Upline Hosting is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Upline Hosting reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

Subscribers may view the most current version of these Terms . Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the http://www.uplinehosting.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.

Notwithstanding Upline Hosting's right to alter these Terms without prior notice, Upline Hosting may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Upline Hosting, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.

If Subscriber is registering a new domain name with Upline Hosting, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement and has read the Registrant Rights.


PAYMENT - RENEWAL OF ACCOUNT AND OF DOMAIN

Payment

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Upline Hosting may use Merchant Updater Services to receive updated billing information from participating providers.

Automatic Renewal of Hosting Account

As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account or Domain(s) Upline Hosting will automatically renew Subscriber's Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber's current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least 24 hours prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity ( not changing your current term) to continue service as per contract. Additionally after the initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a digital domain registration voucher to be used for purchasing their Free Domain. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.

Automatic Renewal of Domain

As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered with Upline Hosting (or one of its Affiliates), or if transferred to and registered with Upline Hosting (or one of its Affiliates), Upline Hosting will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Upline Hosting. Subscriber hereby releases Upline Hosting from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Upline Hosting is unable to renew said Account or Domain, including but not limited to inability of Upline Hosting, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Upline Hosting will hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.

Cancellation of Automatic Renewal of Account or Domain

Subscriber agrees to notify Upline Hosting of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Upline Hosting, as applicable, by sending same via email to ,contact: Customer Service, Upline Hosting, Virginia Beach, VA 23452, or online chat. This request must include verification of ownership of the hosting account and/or domain(s), as determined by Upline Hosting.

Authority

In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Upline Hosting Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.


CANCELLATION OF SERVICES - REFUND POLICY

Upline Hosting provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions

Cancellations and Refunds

Fees paid by Subscriber in connection with the purchase of SSL certificates, Site Backup Pro, SEO Package, SiteLock, domain privacy, domain names are nonrefundable, as are Check Refunds of $10.00 or less due to processing fees.

Cancellations within First 3 Days of Registration

In the event Subscriber cancels the Services within 3 calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A). Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $14.99 per domain name.

Cancellations After 3 Days and Before 30 Days

n the event Subscriber cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A), subject to the following additional mandatory reductions:

Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $14.99 per domain name. Subscriber will retain full ownership and control of any such domain names.

Postini/DedIP Any fees paid by Subscriber in connection with Postini or for services of a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.

Cancellations After 30 Days

Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $14.99 per "Free Domain Name."

Notice of Cancellation

Subscriber agrees to direct all cancellation requests to Upline Hosting via email, ,contact: Customer Service, Upline Hosting, Virginia Beach, VA 23452, or online chat. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Upline Hosting. Subscriber must also confirm to Upline Hosting that all emails, files, and databases are preserved and backed up somewhere other than Upline Hosting server space.

Chargebacks and Reversals.

In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $25.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.


Upline Hosting AS RESELLER OR LICENSOR

Upline Hosting is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Upline Hosting Product"). Upline Hosting shall not be responsible for any changes in the Services that cause the Non-Upline Hosting Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Upline Hosting Product either sold, licensed or provided by Upline Hosting to User or purchased directly by User used in connection with the Services will not be deemed a breach of Upline Hosting's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Upline Hosting Product are limited to those rights extended to User by the manufacturer of such Non-Upline Hosting Product. User is entitled to use any Non-Upline Hosting Product supplied by Upline Hosting only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Upline Hosting to User through any Non-Upline Hosting Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Upline Hosting Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.


PROPRIETARY RIGHTSR

These Terms do not give Subscriber any rights in Upline Hosting intellectual property or technology. Upline Hosting and related trademarks and logos are the exclusive property of Upline Hosting. Upline Hosting and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Upline Hosting from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.


SECURITY AND OWNERSHIP

Site Security and Updates

Upline Hosting uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Upline Hosting of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber’s responsibility to update and secure any programs or scripts available via the cPanel interface. Subscriber's failure to update and secure any programs or scripts available via the cPanel interface may result in Upline Hosting either updating the programs and scripts or suspending your account services until they are updated. Upline Hosting will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Upline Hosting pursuant to the terms of this section.

Access and Control Policy

When a new account or domain, as applicable, is registered with or transferred to Upline Hosting or with one of its affiliates, the process requires and results in the creation of the following within the records of Upline Hosting, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

If a person contacts Upline Hosting and claims that he or she is entitled to access to an account, website, or domain registered with Upline Hosting or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Upline Hosting will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, Upline Hosting will not give access and control to a claimant unless Upline Hosting is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring Upline Hosting to give such access and control to said claimant or unless there is submitted to Upline Hosting at a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Upline Hosting or of its affiliates shall not be deemed effective to give notice to Upline Hosting or its affiliates of any changes in said access or control.

Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Upline Hosting arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Upline Hosting from all liability and all claims for damages or any other liability whatsoever that may arise out of Upline Hosting's following said policy and procedure.

Transfer of Ownership

Upline Hosting is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Upline Hosting or its affiliates. By accessing Upline Hosting's system, registering, or using any of the services provided by Upline Hosting, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Upline Hosting or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms.

Upline Hosting will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Upline Hosting or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager a written statement (in a form acceptable to Upline Hosting or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) Upline Hosting is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internt Corporation for Assigned Names and Numbers ("ICANN"), requiring Upline Hosting (or affiliate) to transfer such ownership to said claimant.

Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Upline Hosting; and, further, that any other changes made directly by Subscriber or by others within the online records of Upline Hosting or of its affiliates shall not be deemed effective to give notice to Upline Hosting or its affiliates of any changes in said ownership.

License to Upline Hosting

Upline Hosting claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Upline Hosting, Subscriber grants to Upline Hosting, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Upline Hosting's servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.

Disputing Site or Account Ownership

Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Upline Hosting or in an associated Upline Hosting account. Upline Hosting is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Upline Hosting or in an associated Upline Hosting account, and, in Upline Hosting's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Upline Hosting will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Upline Hosting of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Upline Hosting, in its sole judgment, deems to be a reasonable time, then Upline Hosting, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Utah, file an interpleader action in a court of competent jurisdiction within the State of Utah for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Upline Hosting for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Upline Hosting under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.


"UNLIMITED" USAGE POLICIES AND DEFINITIONS

What "Unlimited" means

Upline Hosting does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Upline Hosting makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

What "Unlimited" DOES NOT mean

Upline Hosting employs complex mechanisms to protect its Subscribers and systems from abuse. Upline Hosting's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Upline Hosting's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Upline Hosting's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Upline Hosting will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Upline Hosting does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Upline Hosting can evaluate said sites resource needs.

Unlimited Hosting Space; excessive MySQL files

Upline Hosting does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Upline Hosting charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Upline Hosting service is designed to host websites. Upline Hosting does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Upline Hosting may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.

Unlimited File Transfer

Upline Hosting does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Upline Hosting charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Upline Hosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

Unlimited Domain Hosting

Upline Hosting does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.


PROHIBITED USES

Breach of Terms and Account Termination

The uses of Upline Hosting Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Upline Hosting) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund.

Spamming

Spamming, whether or not it overloads the Services or disrupts service to Upline Hosting's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Upline Hosting requires that all email messages contain an automated opt out . We do not allow purchased lists. Upline Hosting's Subscribers are required to follow all rules in the Can Spam Act as well as our company spam rules. Upline Hosting reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Upline Hosting allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

Prohibited Offerings

No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

Profanity

Profanity or profane subject matter in the site content and in the domain name are prohibited.

Private Information and Images

Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).

Violations of Intellectual Property Rights

Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Upline Hosting is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

Misrepresentation of Transmission Information

Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hackings

"Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Other Illegal Activities

The use of the Services to engage in any activity that is determined by Upline Hosting, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Upline Hosting will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

BACKUP STORAGE

Upline Hosting offers its services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice

Other Activities

Engaging in any activity that, in Upline Hosting's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Upline Hosting's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Upline Hosting's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Upline Hosting in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.