Use of Uphost's Service constitutes acceptance and agreement to Uphost's AUP (Acceptable Use Policy) as well as Uphost's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to Uphost, the usage of "you", "your", "they", "them" shall refer to client / customer of Uphost.
[a] Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Uphost, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
[b] Uphost will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
Warez
IRC
Child pornography
Copyrighted media, includes but not limited to: Video, Music, TV, Radio
Hacking tools / material
Anything that may harm us, the server, or anyone else (mentally, physically). Network Uptime is the total time in a calendar month that Uphost network is available through the Internet, provided that Client has established connectivity. Uphost takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month.
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Uphost's Network as confirmed by Uphost. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any Uphost scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime. Problems outside of Uphost's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network. Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service.These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.
Payment is due every 6 or 12 months by credit card or PayPal, an invoice will be raised and can be paid from the Client Area, please note that service may be suspended on accounts that reach 10 days past due, We do not charge late or re-connection fees.
Uphost does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC Uphost does not allow IRC or IRC bots to be operated on our servers.
Uphost may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to support@uphost.online from the registered email id
Refunds and Disputes
All payments to Uphost are non refundable (unless covered by 30-day Money Back Guarantee). This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Uphost's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
All mentioned hosting plans on respected pages come with a 30 day money guarantee. If for whatever reason we fail to satisfy your needs (excluding https://uphost.online/legal) and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company, we will not deduct ANY fee.
We use cookies to help provide you with a better, faster, and safer experience. Below we explain how we, our partners, and other third parties use these cookies.
Cookies are small files that websites place on your computer as you browse the web. Like many websites, we use cookies to discover how people are using our services and to make them work better.
We use Cookies to deliver, measure, and improve our services in various ways. These uses generally fall into one of the following categories:
Preferences To remember information about your browser and your preferences. For example, cookies help us remember your preferred language or country that you are in. We can then provide you with content in your preferred language without having to ask you each time you visit our Web. We can also customize content based on your country, such as showing special offers, or to withhold certain content based on applicable local laws
Web Analytics To help us improve and understand how people use our services. For example, cookies help us test different versions of our services to see which particular features or content users prefer. We might also optimize and improve your experience by using cookies to see how you interact with our services, such as when and how often you use them and what links you click on. We may use Google Analytics to assist us with this. Learn more about the cookies you may encounter through our use of Google Analytics
Advertising To help us deliver offers, measure their performance, and make them more relevant to you based on criteria like your activity on our website and visits to our partners websites
What are my privacy options? You can modify your settings in most web browsers to accept or deny all cookies, or to request your permission each time a site attempts to set a cookie. Although cookies are not required for some parts of our services. However our webiste may not work properly if you disable cookies entirely.
Uphost seeks to provide the best possible service to its customers and website owners. We understand how important it is to protect your personal information. This document sets out our privacy policy commitment in respect of personal information that you may provide to us. Our Privacy Policy ensures your right to privacy as we recognise that any personal information we may collect about you will only be used for the purposes indicated in our policy. It is important to us that you are confident that any personal information we collect from you or is received by us, will be treated with appropriate respect ensuring protection of your personal information.
When we refer to personal information we mean information that we directly collect from you, from which your identity is apparent. This information may include information or an opinion about you, from which your identity can reasonably be ascertained.
We collect and receive personal information from our customers, affiliates and partners or from other organisations in order to contact you regarding our service status or for billing related issues and to provide you with up to date information on our services and the current state of your account(s) with us. From time to time we may offer other products and services. We may display your website address on our website or on our promotional material to our potential customers. We may use your personal information for credit worthiness check, statistical and marketing analysis purposes, and research and development purposes.
We collect your personal information during your sign up process to our service or to our affiliate / partnership program through our application forms. You may review and update your personal information at anytime by accessing our web site using your username and password.
Where possible, we will inform you, at or before the time of collecting your personal information, the types of organisations that we intend to disclose your personal information to. Sometimes we are required or authorised by law to disclose your personal information. Circumstances in which we may disclose your personal information would be to a Court or Tribunal in response to a request or in response to a subpoena. We may collect details fromor disclose your personal information to credit or fraud agencies or debt recovery agencies for verification or debt collection purposes. When required, we may disclose your personal information to other organisations for the purpose of fulfilling a your service request. We may also disclose your personal information to our professional advisors, including our accountants, auditors and lawyers, or to other organisations involved in sale or transfer of our assets.
From time to time we may use your personal information to provide you with current information about our services, special offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company we are associated with, seminars, and conventions. If you do not wish to receive marketing information, you may at any time decline to receive such information by emailing support@uphost.online. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed. If you wish to make any changes to your personal information, you may access our website, enter your username and password or contact us. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.
We will provide you with access to your personal information we hold about you. You may request any additional personal information we hold about you at any time. To access personal information that we hold about you use the contact details specified above or alter your details through the website, using your username and password.
There may be situations where we are not required to provide you with access to your personal information. For example, such a situation would be information relating to an existing or anticipated legal proceeding with you, or if your request is vexatious. An explanation will be provided to you, if we deny you access to your personal information we hold.
In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where, it is lawful and practicable to do so, we will offer you the opportunity of doing business with us, without providing us with personal information. Such a situation would be where you make general inquiries about our services or current promotional offers. Where sensitive information is collected, stored, used or transferred about you, we will only use this information if you have consented or in the exercise or defence of a legal claim or as required by law. Sensitive information is information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional association or trade unions, sexual preferences, criminal record, or health.
We will take reasonable steps to protect your personal information by storing it in a secure environment. We may continue storing your personal information even after you have terminated your relationship with us. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.
Due to the nature of our services, we may hold or store your data on our servers. This can be in the form of email messages, attachments, files, or databases. We will not reveal such data to any third party, unless required by the applicable law. We may transfer your data for backup and disaster recovery purposes. Such copies will be treated with the same confidentiality as its originals. Due to the nature of the shared hosting service, you should be aware and acknowledge that your data on our shared hosting service, can potentially be accessed by other customers.
You may request further information about the way we manage your personal information by writing or emailing.
We are constantly reviewing all of our policies and attempt to keep up to date with market expectations. Technology is constantly changing, as is the law and market place practice. As a consequence we may change this privacy policy from time to time or as the need arises.
Uphost is dedicated to providing an all round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities. Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Uphost will be the sole arbiter as to what constitutes a violation of any of these provisions. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension. To report suspected abuses or any violations of these policies, please contact abuse@uphost.online.
Uphost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited(Any type of compressed file format and Audio/Video files). This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Uphost service agrees to indentify and hold harmless Uphost from any claims resulting from the use of the service that damages the subscriber or any other party. Uphost will be the sole arbiter as to what constitutes a violation of this provision.
Legal Adult Content is allowed.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Uphost shall be the sole arbiter of what is considered to be a high server usage level.
Uphost does not provide chat room software. You may elect for a Dedicated Server to Run a chat room efficiently.
Uphost does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC Uphost does not allow IRC or IRC bots to be operated on our servers.
Uphost performs weekly Incremental backups on all servers to ensure critical files are never lost. However Uphost is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. We do not provide backup of suspended accounts OR accounts which are suspended for non-payments. Please always backup your own data for Redundancy. Addition to it due to the high data size and resource consumption while backup process we have limited the automatic backup for account of size from 5GB to 10GB vary from server to server. If customer has account bigger than this, Uphost do not take any backup of it and its fully responsibility of account owner.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Uphost's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Uphost to provide this knowledge or support outside matter specific to Uphost servers.
Spamming, or the sending of mass unsolicited email, from or through a Uphost server or using an email address that is maintained on a Uphost machine is STRICTLY prohibited. Uphost will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Uphost server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.
Any attempts to undermine or cause harm to a Uphost server or customer of Uphost is strictly prohibited. Any sub-networks of Uphost and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Uphost's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact admin@uphost.online for a special arrangement.
Multimedia files are defined as any graphics, audio, and video files. Uphost's Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Uphost will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Uphost does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
Uphost will allow customer to update the associate domain name of the hosting package sign-up with us, Change in domain name will not reflect in any sort of coding part of customer data or database, this is customers responsibility to update the necessary changes required. These changes in domain name of associated hosting package will be allowed 3 times for the same package after that the nominal charges has to pay by customer to make changes in domain name associated with hosting package.
Uphost will do Free Migration/Upgrade/Downgrade unless it does not involve any sort of complication or customization required to complete the migration. Uphost May apply charges for Migration/Upgrade/Downgrade process charges if its required experts assistance to complete these complex tasks.
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Uphost will be the sole arbiter as to what constitutes a violation of the AUP. Uphost reserves the right to remove any account without prior notice. When Uphost becomes aware of an alleged violation of its AUP, Uphost will initiate an investigation. During the investigation, Uphost may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Uphost 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, Uphost will notify the appropriate law enforcement authorities of such violation. Uphost does not issue credits for outages incurred through service disablement resulting from AUP violations. Uphost customers agree to indemnify and hold harmless Uphost from any claims resulting from the use of our services that damages them or any other party. The Uphost service is provided on and 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. Uphost expressly disclaims any representation or warranty that the Uphost service will be error-free, secure or uninterrupted. No oral advice or written information given by Uphost, its employees, licensors or the like, will create a warranty nor may you rely on any such information or advice. Uphost 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.
Uphost reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.
All payments to Uphost are non refundable (unless covered by 30 day Money Back Guarantee). This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 15 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Uphost's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
We are confident that you'll be pleased with the Uphost performance and support, however for your peace of mind we offer a no-quibble 30 day Money Back Guarantee on all web hosting plans. We take pride in our business so we'll probably ask you why you are leaving, but you will get a refund of hosting fees (remainder of the term) within 72 hours of requesting it. Refund can be claimed on Only first-time service package comes under refund policy, For example, if you’ve had an hosting account with us before, canceled and signed up again for new hosting package, you will not be eligible for a refund on this hosting package. Violations of this Agreement will waive your rights under the refund policy
The refund will exclude any fees for domain registration, the domain will still belong to you and you can use it with any hosting company by updating the nameservers in the client area
To request a refund of your account please email support@uphost.online or open a Billing Department ticket. The full value (remainder of the term) of any payment for hosting fees will be refunded, we make no other charges or deductions.
Our money back guarantee does not apply to purchases of Domain Names or SSL certificates, once purchased we cannot cancel them.
Regarding the fraud case or unauthorised payment account cannot be cancelled under refund policy unless its proven by the affected party.
Accounts terminated for abuse (such as Spamming, or other usage against our Acceptable Usage Policy) shall not be refunded at anytime. Refund in the event of Network or Server outage. In the event that there is no website Availability, Uphost will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month: website Availability Credit 95% to 99.4% = 25% 90% to 94.9% = 50% 89.9% or below = 100% In order for you to receive a credit on your account, you must request such credit within Three (3) business days after you experienced no website Availability. You must request credit by sending an electronic mail message to support@uphost.online. For security, the body of this message must contain your account number/domain name, the dates and times of the unavailability of your website, and such other customer identification requested by Uphost. Credits will usually be applied within thirty(30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no website Availability.
Credits shall not be provided to you in the event that you have no website Availability resulting from (i) Scheduled maintenance, (ii) Your behavior or the performance or failure of your equipment, facilities or applications, or (iii) Circumstances beyond Uphost's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your website.
There might come a time when you cannot access your website or any other service. This is not necessarily due to Uphost. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and Uphost, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.
The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by Uphost (we, us, our) or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Uphost's services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy.
Enrollment in the Program requires application through the affiliate signup form on the Uphost website (the Website). We review all affiliate signups before we decide if an application will be accepted. Your application may be rejected if we determine that you are not suitable for the Program for any reason.
As a Uphost Affiliate you agree that:
If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.
When advertising our services, you should use only promotional materials approved by Uphost. Approved materials are only those we provide in your Affiliate Area or the ones that a Uphost representative approves in writing. Approved materials may contain the Uphost trade names, service marks, and/or logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Uphost. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.
Upon termination of your affiliate account the limited, non-exclusive license to access and download promotional materials of Uphost shall be automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
Uphost shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and and cancellation of all outstanding commission payments due.
We track affiliate sales automatically by the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 60 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. Uphost is not responsible for cookies intentionally deleted by users.
We shall pay you a per-sale commission for any valid sale you refer to Uphost. For a valid sale ALL of the following are true:
We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.
Uphost shall pay all affiliate commissions based on the structure and in the currency outlined on the Affiliate Program signup page, unless a custom agreement exists in writing. Any commissions earned for valid sales will be paid out after a holding period of 30 days. We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.
We process commission payouts once per week or less often depending on your preferences. Affiliate commissions are paid out via PayPal and you are responsible for any transaction fees, unless a custom agreement applies.
You are solely responsible for keeping all your information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact our ability to process a commission payout. We will suspend commission payouts until we have all required details, including your tax information. Payout on suspended commissions can be claimed up to 6 months from the date they would have been originally due for payment.
We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.
We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.
We shall provide you with a statement of commissions due in you Affiliate Area.
If applicable for your country of residence, we will issue self-billing invoices for all commission payouts, including applicable taxes. The Affiliate Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Uphost that shall continue until termination of your Affiliate account. By signing up for our Affiliate Program you agree to accept self-billing invoices raised by Uphost on your behalf, not to raise any sales invoices for the commission payouts you receive from Uphost and to notify us immediately if you change your name, company details or tax registration status.
Both Uphost and the Affiliate agree that they enter into this Agreements as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on the behalf of Uphost. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.
You can cancel and terminate your affiliate account at any time by contacting us through your Affiliate Area. We will send you written confirmation that your account has been terminated.
Uphost can terminate an affiliate account:
[a] With a seven-day prior notice without explanation.
[b] Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.
[c] Immediately with no prior notice, if you have not generated any sales for a period longer than 6 months.
Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate after any holding period and in accordance with a regular payout cycle. No outstanding commission payments will be due if we terminate your account because of violation of this T&C and an administrative fee of 20 USD/EUR/GBP/AUD, or the equivalent in the currency listed in your Affiliate Area, shall be due by the Affiliate.
Upon termination of the Affiliate account, the Affiliate is obliged within 3 business days to remove all promotional materials, trademarks, links, logos and slogans of Uphost from his web site. This provision shall survive the termination of the Agreement. After the termination of this Agreement, the Affiliate shall not have the right to use Uphost trademark(s), logo and slogans and shall refrain from any actions which may directly or indirectly adversely affect the image and reputation of Uphost, as well the business relations with its current and potential clients.
Upon termination of the affiliate account, this Agreement shall be automatically terminated.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This provision shall survive termination of the Agreement.
Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction where the Uphost entity servicing your Affiliate account is located.
We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Uphost. The current T&C is always available on Uphost’s website. If you do not agree to any amendments, you must terminate your Affiliate account within 10 business days of the date of the amendment. Only a Uphost officer may alter this T&C. No agent of, or person employed by or under contract with, Uphost has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.
