H Squared Productions, Inc., dba, H2Premier.
Terms of Service Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Service Agreement with respect to our site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.Content
All services provided by H2P are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless H2P, from any claims resulting from the subscriber's use of H2P's services which damages the subscriber or any other party.Note: Pornography and sex related merchandising are prohibited on any H2P shared account. This includes sites that may imply 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 H2P servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)
H2P will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Online Conduct; Repeat Infringer Policy
You agree to use H2P only for lawful purposes. You are prohibited from posting on or transmitting through H2P any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.H2P respects the intellectual property of others, and we ask our registered members to do the same. H2P may, in appropriate circumstances and at its discretion, terminate the accounts of registered members who infringe the intellectual property rights of others.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email
• High volume email deployments of any type are not permitted with any H2P shared account.
• Spamming, i.e. the sending of unsolicited email, from any H2P server or any server located on the H2P network is STRICTLY prohibited. H2P will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at H2P.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by H2P customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any H2P-hosted domain, or referencing any H2P account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a H2P server or subscriber of H2P is strictly prohibited including, but not limited to:
• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
Copyright
Unless otherwise indicated, all website materials, including, without limitation, the H2P and H2Premier logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of H2P or its licensors. Any other use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of H2P is strictly prohibited.Trademarks
H2P and H2Premier and any proprietary product or service names contained in this website are either trademarks or registered trademarks of H2P or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of H2P. In addition, all page headers, custom graphics, content, button icons and scripts are service marks, trademarks and/or trade dress of H2P, and may not be copied, imitated or used, in whole or in part, without the prior written permission of H2P. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.Uploaded Content
You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to H2P, or postings on this website, are nonconfidential and that H2P shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of its Web Site. The submission of any materials to H2P irrevocably waives any and all ‘‘moral rights’’ in such materials, including the rights of paternity and integrity.ALL SUB-NETWORKS OF H2P AND ALL DEDICATED SERVERS MUST ADHERE TO THE ABOVE POLICIES.
Scheduled Maintenance and Downtime
H2P will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond H2P's control or which are not reasonably foreseeable by H2P, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. H2P will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. H2P has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.Refunds
Refunds will be posted for FULL months only, with the exception of plans including a 30-day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fees are non-refundable. Prepaid quarterly accounts and yearly accounts are non-refundable.Any violation of H2P's Terms of Service Agreement shall be considered a material breach of this agreement and result in No Refund.
Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. H2P maintains the right to cancel accounts at its discretion.
Content Review
H2P may elect to electronically monitor your website and use and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate your website, or to protect the rights or property of H2P, its independent contractors, service providers, consultants, sponsors, licensors or the public. H2P retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, H2P, or the rights of any third party, or to violate any applicable law.Account Setup, Termination, and Billing
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle.
Check Orders
Accounts for subscribers who wish to pay by check will be setup when the check is received by H2P.Disabling of accounts due to overdue payment
Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.Termination of accounts due to overdue payment
If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.Cancellation Procedure
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.Parked Domain Names
There is a one-time fee of $15 for parking additional domain names. This fee is nonrefundable.Virtual Domain Names
Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.Domain Name Transfers
H2P shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers. Domain Name Registration: H2P will register any available .com, .org, or .net domain upon creation of a new account. Annual domain registration fees range from $10 to $20 per year, depending on the domain name extension. Annual renewals are billed at the same registration fee amount for each domain renewal year. Annual renewal amounts are subject to change.Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. H2P is not responsible for lost data or for lost data due to third party software that is not maintained by H2P programming staff. (Cpanel is not associated with H2P)
LIMITATION OF DAMAGES
Recovery of damages from H2P may not exceed the amount of fees it has collected on the account.
Indemnity
You agree to defend, indemnify and hold harmless H2P, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of H2Premier or the use of any content, photographs, images or materials you provide, including without limitation any actual or threatened suit, demand, or claim made against H2P and/or its independent contractors, service providers, or consultants, that use of the photographs, images or material provided infringes, misappropriates or otherwise violates any copyright, trademark, right of publicity or other proprietary right of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim.DISCLAIMER
H2PREMIER AND THE SERVICES, CONTENT, IMAGES, AND MATERIALS ARE PROVIDED ON AN ‘‘AS IS’’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. H2P DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. H2P DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN HOSTING SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT H2P PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.LIMITATION OF LIABILITY
IN NO EVENT SHALL H2P OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE ITS WEBSITE OR SERVICES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM H2P, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO H2P’S RECORDS, PROGRAMS OR SERVICES.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF H2P (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF H2P’S SERVICES OR WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO H2P.
Severability and Nonwaiver
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of H2P to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of H2P’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.General
Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and H2P By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by H2P administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans. Any violation of these Terms of Service will result in termination of the account. H2P maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with 15 days prior notice. Dispute Resolution Any dispute between H2P and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Oregon law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Clackamas County, Oregon, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.Questions and Contact Information
General questions or comments about H2P’s website may be directed to Customer Service at info@h2premier.com8/4/2009