Terms of Service

This agreement, effective 02/06/2004, represents the complete agreement and understanding between Utaria Web Services, LLC and Customer and supersedes any other written or oral agreement. Upon notice published on-line via the Utaria Web Services, LLC website [utaria.net], Utaria Web Services, LLC may modify these terms and conditions, amplify them and/or modify the prices, as well as discontinue or change services offered. Please read the following terms and conditions carefully since they govern your use of the Utaria Web Services, LLC network and servers. By accessing this network and any of the servers therein, you agree to be bound by the terms and conditions below, as Utaria Web Services, LLC may modify them, from time to time. Each user of this network agrees to the following terms and conditions:

ACCEPTABLE USES

This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited.

This includes, but is not limited to:

Utaria Web Services, LLC may, at its sole discretion, immediately discontinue such service to Customer, without any liability or refund. Customer shall ensure that its use of the Utaria Web Services, LLC network shall not disrupt Utaria Web Services, LLC, its associated networks or equipment forming part of the systems. Use of the Utaria Web Services, LLC network in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by Utaria Web Services, LLC shall be considered a breach of this Policy and may result in cancellation of service with no refund.

SERVICE LEVEL AGREEMENT / UPTIME GUARANTEE

Utaria Web Services, LLC and its networking partners will endeavor to provide maximum uptime for your website and related services, however, Customer understands and agrees that occasional temporary interruptions of Internet Services may occur and agrees that under no circumstances will Utaria Web Services, LLC be held liable for any financial or other damages due to such interruptions. In no event shall Utaria Web Services, LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

The services provided by Utaria Web Services, LLC under this agreement do not guarantee your website and/or related services will be accessible from anywhere on the Internet at any given time. Utaria Web Services, LLC is not responsible and shall not be held liable for you or anyone not being able to reach your website and related services because of the following: 1) an act of war, declared or not declared; 2) acts of God; 3) any interruption in Internet connectivity occurring outside of the data center housing the server your website and/or related services are housed on, or 4) outages caused by customer action. Utaria Web Services, LLC keeps log records of server uptime as does the data center regarding their connectivity. Servers are monitored 24/7 and downtimes are recorded.

While Utaria Web Services, LLC does multiple backups of the servers, each customer is responsible for maintaing backups of their site(s), email, databases, and other such files as are needed to recreate their data. Utaria Web Services, LLC does not warrant the usability of any backup that we make. These backups are for the purpose of server recovery and may not contain all files of a customer. Utaria Web Services, LLC is not responsbile and shall not be held liable in the event of loss of data on the server. It is not our intent to lose your data, but we do not guarantee that we can restore your files should a catastrophic failure occur.

DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION

Customer hereby agrees that Utaria Web Services, LLC makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Utaria Web Services, LLC shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Utaria Web Services, LLC to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) month's service fee at current rates. Utaria Web Services, LLC's liability arising out of delays in installation, commencement or restoration of Service, or out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Utaria Web Services, LLC shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL UTARIA WEB SERVICES, LLC BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF UTARIA WEB SERVICES, LLC PURSUANT TO THIS AGREEMENT. UTARIA WEB SERVICES, LLC MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY UTARIA WEB SERVICES, LLC ARE HEREBY EXCLUDED AND DISCLAIMED.

HOLD HARMLESS

Customer agrees to indemnify and hold harmless Utaria Web Services, LLC from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer. The use of any data or information received by Customer or its customers from the utilization of the service to be provided by Utaria Web Services, LLC is at Customer and its customer's sole and absolute risk. Utaria Web Services, LLC specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. Utaria Web Services, LLC is NOT responsible for nor will be held liable for, content on Customer's website.

PAYMENT AND TERMS

Customer shall pay the initial fees set forth on the Utaria Web Services, LLC website, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged, or other payment received, in advance for the next service period on the day of expiration. In the event that Customer shall fail to pay for such services in advance of for that service period, Utaria Web Services, LLC shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, Utaria Web Services, LLC may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $25 reinstatement fee.

15-DAY MONEY BACK GUARANTEE

Utaria Web Services, LLC offers a 15-day money back guarantee for all Hosting Plans. If Customer is not completely satisfied with the Plan within the first 15 days, Customer may cancel the service by notifying Utaria Web Services, LLC via email to the billing department. Customer will receive a full refund of any fees paid excluding any set up fees and overages. Service cancellation after the initial 15-day period will not refund the Customer the remaining fees for monthly paid accounts (no proration)

SERVICE CHANGES / GUARANTEED LIFETIME PRICE

On-line changes made by Utaria Web Services, LLC to any plan shall not change the terms of the Plan(s) accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior Plan(s). Changes in monthly service fees shall not affect current customers, only new signups. In the event plans and/or services are discontinued, Utaria Web Services, LLC will either - 1) continue to provide the discontinued services to all customers having such services/plans on the date of discontinuation; or, 2) if the services/plans are not able to be continued, the customer's service/plan will be replaced with an equivalent or next higher equivalent service/plan with no increase in rates. If no equivalent services/plans exist, the customer will receive a fully prorated refund for the service period remaining.

AGREEMENT MODIFICATIONS

Utaria Web Services, LLC reserves the right to make changes to the above terms and conditions of this agreement without notice, advising of the change and the effective date thereof. Notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. It is the responsibility of the Customer to provide Utaria Web Services, LLC with the most current contact information.

ACCESS TO AND FROM WEBSITE

Transmissions and communications to and from this website, even if done with the use of a secure Internet browser, may be read or intercepted by third parties. Each user of this website agrees that Utaria Web Services, LLC will not be held liable should such interception occur. All information submitted to Utaria Web Services, LLC via this website shall be and remain the property of Utaria Web Services, LLC and Utaria Web Services, LLC shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information a user provides to this website.

WEBSITE CONTENTS

All information, documents and materials posted in this website are solely for the internal use of Utaria Web Services, LLC users and may not be resold, republished, or copied (for other than internal use), without the prior written consent of Utaria Web Services, LLC. In addition, all information, documents and materials posted in this website are subject to change. All products and services described in this website are subject to the terms of the applicable agreements, are only offered in jurisdictions where they may be legally offered for sale and not all products and services are available in all geographic areas. A particular Website user's eligibility for particular products and services is subject to final Utaria Web Services, LLC approval. Product names are trademarks or registered trademarks of their respective owners.

TOS Summary