1.) Suspension
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 so.

2.) Scope of Service
Our servers 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.

3.) 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.

4.) Content
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 other party.

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.


5.) Examples of non-acceptable content or links

Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Illegal MP3s
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 account holder.

6.) Chat Rooms
We do 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 for others.

7.) Background running programs
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 needed.

8.) IRC
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.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy servers will be suspended forever.

9.) SSH (secure shell)
Secure shell access is available to customers by request. SSH is not set up by defaut.

10.) 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.

11.) BANNED SCRIPTS
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
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
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.


12.) Commercial 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 Schemes
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 forbidden.

12.2) Other Mail
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 account.

13.) Server abuse
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 about .5%.

14.) Damages
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.

15.) Liability
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.

16.) Indemnity
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.

17.) Billing
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 guarantee):
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 service.

19.) Refunds (past first 30 days):
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.

20.) Canceling Service
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.