Terms of Use

A. Web Hosting Customer Restrictions

Server Resources

USA Domains reserves the right to monitor and allocate network and server resources. You may use CGI scripts, PHP, mySQL, in use of our hosting services; however, these processes must use reasonable system resources. Any customer account that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a suitable Web Hosting plan or Co-Location plan. USA Domains will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is strictly prohibited, regardless of whether or not it overloads a server or disrupts service to USA Domains's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a USA Domains server, and selling or distributing software (on a Web site residing on a USA Domains server) that facilitates spamming, hacking or spoofing mail servers, local or abroad. Violators of this policy will be assessed a minimum fine of $200 and will face immediate suspension or cancellation. USA Domains reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Violations of this provision also include but are not limited to; Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. Harassing e-mail, whether through language, frequency, or size of messages. Chain letters. Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses). E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

CGI, PHP, & ASP Scripts

Any web application or script that poses a potential security risk or are deemed to be adversely affecting server performance or degrading network integrity will be disabled or automatically removed without prior notice. USA Domains does not permit CGI, PHP or ASP script sharing with domains not hosted by USA Domains or any scripts that may be abused for UCE purposes.

Chat Rooms

USA Domains does not permit the installation of chat room software by any Web Hosting customer. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, USA Domains provides Java based chat rooms, powered by Volano Chat, that meet most users' needs and run without degrading system performance.

Cron Jobs

USA Domains may allow programs to run in the background via cron. These programs will be considered on an case-by-case basis and Web Hosting customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact USA Domains at 828-441-7999 to discuss your needs.

IRC

USA Domains does not allow IRC or IRC bots to be installed or used by any Web Hosting customer.

Software Distribution

USA Domains's standard Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@usadomains.com to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. USA Domains Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on USA Domains's Web Hosting servers will be limited in size to 20% of the total disk space allotted for that particular domain's plan/web hosting account.

B. USA Domains Dedicated Server & Co-Location Customer Restrictions

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC

USA Domains allows Dedicated Server & Co-Location customers the use of IRC inside the USA Domains network as long as the use of IRC on a server does not violate any of the other terms of these TOU. As a policy, USA Domains will not provide reverse DNS records for vanity IRC. To enforce this policy USA Domains does not turn the reverse address of IPs over to the customer. Authority over this information remains with USA Domains.

Billing for Network Resources

The customer understands that they are responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any monthly fees, maintenence fees, support contracts and network resources used up to the point of suspension or cancellation.

C. USA Domains Customer Terms of Use

USA Domains Services

USA Domains's services include, but are not limited to: any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that USA Domains provides to customers); any use by customers, or any access provided to customers by USA Domains, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by USA Domains to customers, related to Web hosting, Email Services, Dialup, and Domain Name Registrations (including usage and technical support), regardless of duration and whether paid for or not; any provision by USA Domains to customers, of any space, Internet connectivity, or electrical power; any access or use related to the USA Domains's Web site, including the Web site itself; any other service mentioned in the TOU; any other service provided by USA Domains to customers, whether used or not; any other USA Domains services that are used by customers, whether offered or provided by USA Domains to customers.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with USA Domains will be the individual or organization whose name is listed in USA Domains's database as the customer contact. Customers will fully cooperate with and abide by any and all of USA Domains's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with USA Domains. As a general rule, in regard to support and account information, USA Domains will only communicate to the customer directly, and customers should refrain from having their Web Designers / Developers, etc. contacting USA Domains directly.

Illegal Use

USA Domains servers may be used for lawful purposes only. Transmission, distribution, sale, or storage of any material or information in violation of any applicable law, regulation, or these TOU is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. USA Domains reserves the rights to restrict or prohibit any and all uses of the services or content on your Web site(s) and to remove such materials from its servers, that USA Domains determines in its sole absolute discretion is harmful to its servers, systems, network, reputation, good will, other USA Domains customers, or any third party. Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce. Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is strictly prohibited, regardless of whether or not it overloads a server or disrupts service to USA Domains's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a USA Domains server, and selling or distributing software (on a Web site residing on a USA Domains server) that facilitates spamming, hacking or spoofing mail servers, local or abroad. Violators of this policy will be assessed a minimum fine of $200 and will face immediate suspension or cancellation. USA Domains reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Violations of this provision also include but are not limited to; Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. Harassing e-mail, whether through language, frequency, or size of messages. Chain letters. Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses). E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

System and Network Abuse

Violations of USA Domains's or any third party's server, system or network security through the use of the services are prohibited, and may result in criminal and civil liability. USA Domains investigates all incidents involving such violations. USA Domains may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following: Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network. Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network. Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's session, via any means, locally or by the Internet. Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of the header information in an email or a newsgroup posting. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out. Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

Viruses, Worms, Spyware

Use of USA Domains's services or equipment for creating or sending Internet viruses, worms, trojans or spyware, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use USA Domains's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Adult Content

Adult-oriented sites, designed for entertainment or commercial purposes, are prohibited on USA Domains servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. Exceptions are only made for educational sites on a case-by-case basis.

Child Pornography

The use of USA Domains's services to store, post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. USA Domains is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services, by any means.

Customer Responsibility

Customers are required to use the USA Domains network responsibly. This includes respecting the other customers of USA Domains. USA Domains reserves the right to suspend and/or cancel service with any customer who uses the USA Domains network in such a way that adversely affects other USA Domains customers. While USA Domains may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, USA Domains does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when USA Domains becomes aware of any violation of the TOU or other user agreements, USA Domains may take any action to stop or correct such violation, including, but not limited to, denying access to USA Domains's services and equipment or to the Internet. In addition, USA Domains may take action against a customer or a customer of such customer because of the activities of such customer. USA Domains anticipates that customers who offer Internet services will cooperate with USA Domains in any corrective or preventive action that USA Domains deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of USA Domains policy and USA Domains reserves the right to take any such action even though such action may affect other customers of the USA Domains customer.

Actions Taken by USA Domains

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. USA Domains will be the sole arbiter as to what constitutes a violation of the TOU. USA Domains reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When USA Domains becomes aware of an alleged violation of its TOU, USA Domains will initiate an investigation. During the investigation, USA Domains may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, USA Domains may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, USA Domains will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. USA Domains does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by USA Domains.

Indemnification

USA Domains customers agree to protect, defend, hold harmless, and indemnify USA Domains, any third party entity related to USA Domains, Inc. (including, without limitation, third party vendors), and USA Domains's executives, directors, officers, attorneys, managers, employees, consultants, contractors, resellers, agents, parent companies, and subsidiaries, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of USA Domains's services.

Disclaimer

The USA Domains service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. USA Domains expressly disclaims any representation or warranty that the USA Domains service will be error-free, secure or uninterrupted. No oral advice or written information given by USA Domains, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. USA Domains and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL USA DOMAINS (INCLUDING, WITHOUT LIMITATION, USA DOMAINS'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, RESELLERS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING USA DOMAINS'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR USA DOMAINS SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY USA DOMAINS SERVICES EVEN IF USA DOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USA DOMAINS'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR USA DOMAINS'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY USA DOMAINS OR USA DOMAINS'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 2-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

USA Domains may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with USA Domains's services. Certain changes to USA Domains's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and USA Domains is not liable, for any and all such personalized applications and content, except as expressly agreed to by USA Domains.

Backup of Data

Except where USA Domains has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and USA Domains is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with USA Domains services.

Third Party Licenses

USA Domains makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, USA Domains makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, USA Domains specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold USA Domains liable in any way for the revocation of any license, which has been licensed to USA Domains. The use of the Technologies obtained from or through USA Domains, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-USA Domains Products

Any mention of non-USA Domains products by USA Domains, its employees, or any third party entity related to USA Domains is for information purposes only and does not constitute an endorsement or recommendation by USA Domains. USA Domains disclaims any and all liabilities for any representation or warranty made by the vendors of such non-USA Domains products or services.

USA Domains's Intellectual Property

Customers will not, without USA Domains's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on USA Domains's Web site, and customers will not use any of USA Domains's trademarks, service marks, copyrighted materials, or other intellectual property without USA Domains's express written consent. Customers will not, in any way, misrepresent their relationship with USA Domains, attempt to pass themselves off as USA Domains, or claim that customers are USA Domains.

Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for USA Domains's services, either in whole or in part, without the prior written consent of USA Domains.

Minimum Age Requirement

USA Domains customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a USA Domains customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for USA Domains services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains USA Domains's express written consent to the contrary. Any acceptance of the TOU or any other agreement for USA Domains's services will be deemed null and void to the extent that USA Domains will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of USA Domains's services.

Governing Law and Severability

The TOU, and any other agreement for USA Domains services, will be governed by and construed in accordance with the laws of the State of North Carolina, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and USA Domains will take place in North Carolina, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other USA Domains agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

USA Domains will not be liable for delays in its performance of the TOU or USA Domains services caused by circumstances beyond USA Domains's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). USA Domains will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for USA Domains services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of USA Domains.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between USA Domains and its customers. Each of USA Domains and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for USA Domains services, constitutes the complete understanding and agreement between USA Domains and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of USA Domains, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for USA Domains services is between USA Domains and its customers only and will not confer any rights in any third party except as otherwise expressly provided by USA Domains.

D. USA Domains Customer Billing Policy

	Payments: