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Acceptable Use Policy
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| This agreement represents the complete
agreement and understanding between UAWH and the account
holder (hereinafter called Customer) and supersedes any other
written or oral agreement. Upon notice published on-line
via UAWH services, UAWH may modify these terms
and conditions, amplify them, and/or modify the prices, as well
as discontinue or change services offered. |
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If you do not agree to these terms
and conditions, please notify our Billing Department at
billing@uawh.com so we can initiate a closure of your account.
USE OF YOUR ACCOUNT shall constitute your approval.
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| 1. UAWH makes no warranties
of any kind, whether expressed or implied, for the service it
is providing. UAWH also disclaims any warranty
of merchantability or fitness for a particular purpose. UAWH
will not be responsible for damages the customer
suffers. This includes loss of data resulting from delays,
non-deliveries, misdeliveries, or service interruptions caused
by its own negligence, subscriber's errors or omissions, or
due to the fault of third parties. |
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| 2. Services provided to the Customer
by UAWH may only be used for lawful purposes.
Transmission or publication of any information, data or material
in violation of any U.S. Federal or state regulation
or law is prohibited. This includes, but is not limited
to, material protected by copyright, trade secret or any other
statute, threatening material or obscene material. UAWH reserves the right remove any and all materials which infringe
on copyright work. Such materials will be removed at any time
upon receiving a complaint and or notice of copyright infringement. |
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| 3. Customer agrees to defend, hold
harmless and expeditiously indemnify UAWH from any liability,
claim, loss, damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained in this
Policy and resulting from the Customer's use of the service.
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| 4. UAWH accounts cannot be
transferred or used by anyone other than the subscriber.
Customers may not sell, lease, rent or assign the connection
or parts of the connection to any party not named in this Policy.
Customer may allow ftp access to its server and host web sites
for its customers without violating this Policy. Network
bandwidth charges in excess of allocated amount will be assessed
from access log reports generated by the HTTPD server. |
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| 5. UAWH reserves the right
to cancel service for any reason without prior notice.
In case of cancellation, unused fees may be returned to the
subscriber on a pro-rata basis. Fees for setup and the
first month's service are not refundable. If a customer re-registers
after UAWH's cancellation of the account without UAWH's
written consent, UAWH will cancel Customer's account
and all dues and fees paid to date regardless of whether service
has been rendered will be forfeited. Additionally, any
amounts due will be immediately payable. |
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| 6. Setup fees are not refundable.
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| 7. At the time of account cancellation,
a Cancellation Code will be provided. If accounts are
billed in error after the Cancellation date, credits will only
be issued with a valid UAWH Cancellation Code.
If cancellation is done in writing, it will be the responsibility
of the Customer to contact UAWH for the Cancellation
Code. |
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| 8. Customer agrees not to transmit,
promote, or otherwise make available any software, product or
service that is either illegal or designed to violate this Agreement.
Such software, products or services include, but are not limited
to, programs designed to send unsolicited advertisements (i.e.
"spamware") and services which send unsolicited advertisements.
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| 9. UAWH requires that its
agreements be made with a person who is qualified to contract.
As such, subscriber must be over the age of eighteen (18) years.
Otherwise, a parent or guardian must accept this agreement and
enclose the proper payment. UAWH cannot accept payments
from persons who are not at least eighteen (18) years of age,
nor can we accept agreements from persons who are not at least
eighteen (18) years of age. |
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| 10. UAWH will not host any
web site with PORNOGRAPHIC contents or any CASINO sites. |
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11. Customer shall ensure that its
use of UAWH's network services shall not disrupt UAWH,
its associated networks or equipment forming part of the systems.
In instances in which an excessive amount of system resources
are utilized by a subscriber, UAWH reserves the right
to place CPU process limits on the Customer's account to prevent
disruption of service to other customers. Customers shall
not transmit any communication where the meaning of the message,
or its transmission or distribution, would violate any applicable
law or regulation or would likely be offensive to the recipient
thereof. No message may be mass distributed, "broadcast,"
or otherwise sent on an intrusive basis to any UAWH user
or to any directly or indirectly attached network. Use
of UAWH's connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive as determined by UAWH
shall be considered a breach of this Policy and
may result in cancellation of service. This prohibition
extends to sending of unsolicited mass mailings from another
service which in any way implicates the use of UAWH's
service, UAWH's equipment or any site hosted on any UAWH
network.
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| 12. Customer warrants that any material
submitted for publication on UAWH does not violate or
infringe any copyright, trademark, patent, statutory common
law or proprietary interest of others or contain anything obscene
or libelous. UAWH reserves the right to remove
any and all materials which infringe on copyright work.
Such materials will be removed at any time upon receiving a
complaint and or notice of copyright infringement. |
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| 13. If UAWH becomes aware
of material that could be infringing on a third party's copyright,
it will initiate an investigation. To conduct an investigation
of copyright infringement, the Complainant must submit at least
two items. First, Complainant must submit a claim in writing
with the applicable copyright or trademark registration number
and a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good
faith certification signed under penalty of perjury. This
certification must state that the work is the property of the
Complainant, that the work has been copied and that use of the
work is not defensible. With this information in-hand, UAWH, at its discretion, may, at any time deny access
to the challenged material of Customer. |
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| 14. Use of other organizations'
networks or computing resources is subject to their respective
permission and usage policies. |
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| 15. Use of UAWH's
hosting services could involve listing subscriber's participation
in relevant directories, and subscriber expressly grants permission
for such listings. |
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| 16. Transferring your domain to another
provider does not constitute canceling your UAWH account.
You must notify UAWH to formally cancel your account
with UAWH to avoid further charges. |
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| 17. On occasion, UAWH may have a need to communicate with its customers through e-mail
issues related to billing, as well as changes, additions and
modifications to the network. It is the responsibility
of the customer to check e-mail sent to the primary login e-mail
address on the account. |
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| 18. It is the responsibility of the
customer to contact UAWH of any changes to their account,
such as phone number, address, credit card information, etc.
Customers will be required to provide verification for
security purposes authorizing them to make any changes to that
account. |
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