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