|You must accept these terms of service in order to use our service.
These terms of service may be updated as needed at any time without notice. The main purpose of
this agreement is to protect all users on the servers. |
Read these terms
of service carefully and return here frequently.
Violation of these terms of service
could result in suspension or removal of your account
depending upon the circumstances. Suspension means that
your account is put into a limbo state and is
unreachable through any means. During suspension no
files are lost or altered. Accounts found to be running
a script which is causing a very high cpu load or mail
script being used to send spam will almost always be
suspended without notice to prevent further damage.
Poorly written scripts must be removed in order for us
to restore your service. Reports of spam are taken very
seriously usually resulting in immediate account
suspension and investigation without notice. We reserve
the right to suspend any or all accounts held by you
without notice if we deem it necessary to do
2.) Scope of Service
and pricing has been designed to be low cost and
therefore, in that spirit we are simply providing basic
http, mail & ftp level hosting services. This also
means that applications or scripts set up by users to
run on the server which cause high cpu load may be asked
to move to a dedicated server.
High CPU load is
defined as using an average of more than 2% of the
server processor in a 24 hour period beginning and
ending at midnight, as determined by our server.
*For reference the average medium traffic website
uses about .5% of system resources.
Script support or other
"how-to" services are not provided. It is the
responsibility of the user to become learned in setting
up and administering their account including script
installs, file permissions, uploading procedures, etc.
All script engines are checked many times per day to be
sure that they work server wide. Support will be
strictly limited to making sure that running scripts is
possible by running our test script.
Limitation of Liability
You expressly understand
and agree that we shall not be liable for any direct,
indirect, incidental, special,
consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if we have
been advised of the possibility of such
damages), resulting from: (i) the use or the inability
to use the service; (ii) the cost of procurement of
substitute goods and services resulting from any goods,
data, information or services purchased or obtained or
messages received or transactions entered into through
or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
All services provided by
us may be used for lawful purposes
only. Transmission, storage, or presentation of any
information, data or material in violation of any United
States Federal, State or City law is prohibited. this
includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or
material protected by trade secrete and other statue.
The subscriber agrees to indemnify and hold harmless
us from any claims resulting from the
use of the service which damages the subscriber or any
4.1) Pornography and
sex-related merchandising are prohibited on any of
our Hosts servers. This includes sites that
may infer sexual content, or link to adult content
elsewhere. This is also true for sites that promote any
illegal activity or content that may be damaging to
the Host servers or any other server on the internet.
Links to such materials are also prohibited.
This policy is in effect because of the excessive load
this material puts on our servers and bandwidth, and the
legal ramifications of such sites.
4.2) You agree to
not use the Service to:
a. upload, post, email,
transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable.
Examples of non-acceptable content or
Host will be the sole arbiter as to what constitutes
a violation of this provision.
Any websites found in violation of this policy will be
cancelled and any resulting monetary damages to us will
multiplied by a factor of two (2) and charged to the
6.) Chat Rooms
not allow clients to install their own CGI chat rooms.
These tend to be large system hogs and we cannot allow
it as a account option. We do provide a choice of JAVA
chat rooms that more than fill your needs
and run without hindering the performance of the machine
7.) Background running
We may allow programs to run continually
in the background, these are considered on a one to one
basis and an extra charge will be incurred based on
system resources used and operational maintenance
We currently do not
allow IRC or IRC bots to be operated on our servers.
Examples include but are not limited to:
- Any IRC
Bouncers such as, but not limited to, psyBNC.
- Proxy Servers
Any account found to be
running IRC or IRC bots or proxy servers will be
9.) SSH (secure shell)
Secure shell access is available to customers by
request. SSH is not set up by defaut.
Discussion Forum Scripts
We have recently had
issues with popular websites and their associated
discussion scripts. To protect all users please use the
following guidelines. You are encouraged to use PHP
MySQL based discussion scripts whenever possible. Flat
file discussion scripts such as Ultimate Bulletin Board
(UBB) are not allowed. Scripts which are found to be
using excess system resources will be asked to move to a
dedicated server or be disabled. This is to protect all
users on our servers.
The following are scripts which either
cause a great load on our servers or pose a serious
security risk, therefore can not be run on our servers.
Any gaming server software
Ikonboard (all versions)
IRC Egg Drops
any soap mailers
These scripts are on the banned
list because they have at one time been installed by
customers and have had a serious impact on the rest of
our user accounts.
Advertising - Email or Usenet
Spamming, or the
sending of unsolicited email, from a Host server or using
an email address that is maintained on a Host machine is
STRICTLY prohibited. Equally, any email or usenet spam
which points to any domain hosted on a Host Server will
result in immediate suspension of that
domain name account and a full investigation. Any form
mail script running on your account is done at your own
risk. Ignorance of the risks of such scripts is no
defense. The Host will be the sole arbiter
as to what constitutes a violation of this provision.
12.1) Bulk Email
Safelists (safe lists) or mutually
accepted email schemes or the voluntary acceptance of
bulk email put an extremely high load on our servers.
Using our servers to accept spam type or junk email in
mass quantities for pay (or free) is expressly
Outgoing mail from our servers is pre-set
with a hard limit of 1000 per hour, this includes all
outgoing SMTP and Mailing Lists. Maximum POP3 mailbox
checking is limited to once each 30 seconds per email
Any attempts to undermine or cause harm to
a Host server or customer of the Host is strictly prohibited.
No user is allowed to use more than 2% of the server's resources.
In the event there is a problem the account holder will be
notified. If the user continues to use more than 2% of
the server's resources the account will be suspended.
*For reference that average medium traffic site uses
If you violate
these terms of service and it results in damage to our
servers or causes us or the Host any additional
expense or legal fees you agree to compensate us in full
for the amount of monetary damages multiplied by a
factor of two (2) as determined by us.
We, not the Host are in no way
responsible for down time either resulting from a users
actions, or natural fluctuations in internet consistency.
The Host will however, do everything within it's power to assure
that each and every client site is up as consistently as possible.
You agree to indemnify
and hold us and the Host, and its officers, agents
or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your
Content, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of
any rights of another.
Host billing period is 360 days depending on the
term you have chosen. Any and all chargebacks will impose additional
fees of $100.00 per chargeback plus collection, filing
and legal costs.
18.) Refunds (30 day
We hope that you are fully satisfied with
your hosting from us, but in the event you are not, we
offer a 30 day money back guarantee. Refunds are not made on
accounts canceled due to violation of our terms of
19.) Refunds (past first 30
While we will do everything in our power to
make your hosting experience with us as satisfactory as
possible, we can in no way please everyone all the time.
Refunds past 30 days are subject to review and partial
months can not be refunded. We must reserve the right to
use our business discretion in refunds past 30 days.
To cancel service submit an
email to info @ UnderwaterUSA . com
indicating that you wish to
cancel service. Please supply your account username and
password for verification purposes, or we will need to
verify via email for your protection. We will
immediately stop recurring billing on your account at
PayPal and delete your account at the end
of its current billing cycle for the domain name or
domain names affected.
Once canceled you should
receive confirmation from us and your billing service.