Terms of Service
Revised January 1, 2011
This Agreement constitutes a binding contract between Move2HighGround and the Client and does not extend to any other person or entity. The Client acknowledges that they have read, understand, and agree to be bound by the terms and conditions listed below.
USER CONDUCT
Move2HigherGround’s services may only be used for lawful purposes. Any use of these services, which violate any local, state, federal, or international laws is strictly prohibited.
While using this service, the Client may not:
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.
Post, publish, transmit, reproduce, or distribute any information or software, which contains a virus or other harmful component.
Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the service for commercial purposes other than as expressly permitted by the provider of such information, software, or other material.
SPAM
Move2HigherGround has a strict NO SPAM policy. Any account that ignores this policy and sends SPAM will be terminated immediately and no refunds will be given.
Clients are prohibited from sending UBE/UCE (unsolicited bulk email/unsolicited commercial email). Users may be asked to produce records that verify permission was obtained from a recipient before a mailing was sent.
Clients will be notified in the event that they may be listed as violators of the above policy. Failure to rectify such situations may be cause for termination.
Valid complaints received by Move2HigherGround may lead to immediate termination or suspension of the service. Move2HigherGround may block traffic without prior notice to and from the website involved in the complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring.
Move2HigherGround reserves the right to suspend and/or cancel permanently all services provided to the user without a notification. If a Client is in violation of any term or condition of this Spamming Policy, and in Move2HigherGround’s judgment, could disrupt, Move2HigherGround’s business operations, Move2HigherGround reserves the right to charge Client an administrative fee up to $100.00 and terminate the account.
ADULT SITES
Move2HigherGround does not host adult website’s, nor sites which generally would be perceived as being of adult nature based on obscene language, pornography, including nudity of any form, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. Move2HigherGround can terminate hosting on any account which ignores this policy.
Move2HigherGround retains the final opinion in deciding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless Move2HigherGround from any claim resulting from Clients publication of materials or Clients use of those materials.
NO WARRANTIES
No advice or information given by Move2HigherGround or its agents or employees shall create a warranty of service. Move2HigherGround provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Move2HigherGround be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Clients use of or inability to use the service, or for third parties’ use of the service to access Client’s Web space.
If the Client is dissatisfied with Move2HigherGround’s service or any of its terms, conditions, rules, policies, guidelines, or practices, the Clients sole and exclusive remedy is to discontinue using the service.
DOMAIN NAME
If Move2HigherGround acquires a Domain Name on behalf of the Client, the Client hereby waives all claims, which it may have against Move2HigherGround for any loss, damage, claim, or expense arising out of or in relation to the registration or renewal of such Domain Name.
INDIRECT STORAGE
Move2HigherGround does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg, .mp3, etc.) that are not directly related to the account that we host. In addition, Move2HigherGround does not allow our servers to be used to process scripts and forms that do not directly relate to the account that we host.
EMAIL SERVICES
Move2HigherGround shall not be liable for any loss of email data stored on the email servers. Storage of received, sent, and any other format of email is considered in determining the total disk space used for the account. Email traffic is considered in determining the total traffic/bandwidth used by the account. Email accounts should be downloaded to the Client’s computer on a consistent basis.
BANDWIDTH AND DISK USAGE
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Service Plan ordered by Customer. Move2HigherGround will monitor bandwidth and disk usage. Move2HigherGround reserves the right to take action if our client’s bandwidth or disk usage exceeds the plans usage. Such action may include the additional charges, disconnection, deletion of particular files, or termination of this Agreement. These actions can be executed at our sole discretion. If action is taken, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
INDEMNIFICATION
Client hereby agrees that all material submitted for publication on Move2HigherGrounds servers through client’s account will not violate or infringe any copyright, trademark, patent, or proprietary rights of others, or contain anything libelous or harmful.
Client agrees to indemnify, defend, and hold harmless Move2HigherGround from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from Clients use of the service which damages either the Client, Move2HigherGround, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with Client’s account, including but not limited to domain name selection and Website content.
COMMUNICATION MONITORING
Move2HigherGround reserves the right to monitor all communications through or with our facilities.
IDENTIFICATION INFORMATION
Client agrees that the person legally responsible for use of this account is at least 18 years of age. Client agrees to supply Move2HigherGround with a current and truthful name, postal address, and telephone number for our records, and Client has a continued obligation to keep this information current. Client also agrees that Client is an authorized user of any credit card supplied to us and agrees that we have an obligation to investigate any possible fraudulent credit card use.
NO INTERFERENCE WITH OPERATION
Client agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which the Client is authorized, and impairing the availability, reliability, or quality of service for other Clients. Client further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.
Client agrees to adhere to system policies of Move2HigherGround, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Move2HigherGround. Client agrees to abide by all future Move2HigherGround policy revisions.
SECURITY
Client agrees that the security of the hosting account is solely Client’s responsibility. Client further agrees that if Client believes the security of the account has been compromised in any way, Client will notify Move2HigherGround immediately by telephone at 800.640.3568 and in writing by registered mail return receipt requested to Move2HigherGround, PO Box 2581, Zephyrhills, FL 33539. Client shall be held fully responsible for any misuse or compromise to the account for which Move2HigherGround is not properly notified. Client agrees that if any security violations are believed to have occurred in association with the account, Move2HigherGround has the right to suspend access to the account pending an investigation and resolution. Client also agrees that Move2HigherGround has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to the Client. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
DATA BACKUP
Client’s use of the service is at Clients sole risk. Move2HigherGround is not responsible for files and data residing on Client’s account. Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Move2HigherGround servers.
CHANGES IN TERMS OF SERVICE
Move2HigherGround reserves the right to make changes to the terms and conditions of this Agreement. It is the Client’s responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement. Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such changes.
GOVERNING LAW
The Client agrees that for purposes of venue, this agreement is entered into in Pasco County, Florida, and any dispute will be litigated or arbitrated in Pasco County, Florida, and the Client hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.
REFUSAL OF SERVICE
Move2HigherGround reserves the right to refuse or discontinue service to anyone at our sole discretion. Move2HigherGround may deny the Client access to all or part of the service without notice if Client engages in any conduct or activities that Move2HigherGround in its sole discretion believes violates any of the terms and conditions in this agreement.
Move2HigherGround shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Client agrees that Move2HigherGround has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Move2HigherGround reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, or in violation of this agreement.
PAYMENT
Client agrees to supply appropriate payment for the services received from Move2HigherGround, in advance of the time period during which such services are provided. Client agrees that pro-rated refunds for unused time periods will be not provided in the event of account termination.
If payment is not received prior to the accounts due date then the Client’s account service will be disrupted until payment is received.
PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication the Client may have had with Move2HigherGround or any agent or representative thereof, and constitutes the complete and total agreement between the parties.