- Account Setup:
Your account will be setup after we have received payment and/or our payment partner(s) have screened your order(s) in case of fraud. It is your responsibility to provide us with an email address which is not of the same domain name that you are signing up under.
If there is an abuse issue or we need to contact you, the primary email address of the file will be used for this purpose. It is your responsibility to ensure that the email address in your Client Area stays updated. If you have a domain name registered with 99UP WEB HOSTING, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is up-to-date. 99up Web Hosting is not responsible for a lapsed registration due to outdated contact information. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and will be denied.
The credit card holder or owner of the PayPal email address which is utilized for payment on the account is designated as the authorized owner of the account.
- Data Transfer:
Our transfer team makes every effort possible to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot assure you regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently and some hosting platforms save data in an incompatible or proprietary format, which makes it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge. Please contact a member of the transfers department with specific details to receive a price quote.
- Customer-Supplied Content:
All services provided by 99UP WEB HOSTING should be used for lawful purposes only. You may have access to chat areas, bulletin boards, web pages, emails or other services that enable you to send or post material (i.e. Content) and make that content available to others. You must not submit, publish or display any defamatory, inaccurate, abusive, obscene, infringing, or threatening content on the Network. In addition to it you must not submit, publish or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the 99up Web Hosting Network.
You must not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations. 99UP WEB HOSTING reserves the right to refuse service and/or access to its servers. Transmission, storage, or presentation of any information, data or material in violation of any USA law is strictly prohibited. The list of banned content includes, but is not limited to:-
4.1 Illegal Material – This includes copyrighted works, commercial audio, video or music files and any material in violation of any regulation or material that is perceived to be misleading.
4.2 Warez – This includes, but is not limited to pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material.
4.3 Prohibited Contents also include, but is not limited to:
- Proxy software
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to, sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
- Tell A Friend Script
99UP WEB HOSTING reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
- Dedicated IP Address Allocation:
Any dedicated IP order in addition to the ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
- Third Party Provider:
All transactions with third party providers are solely between the visitor and the individual provider. 99up Web Hosting is not the agent, representative, trustee or fiduciary of you or the third party provider.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties and are not liable for the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not merit the accuracy or completeness of any information regarding third party providers.
- Payment Information:
You agree to supply appropriate payment for the services received from 99up Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify 99up Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done through the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via email, we will inform you (usually via email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference and verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter.
If you do not hear back from us or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to
(a) Confirm your identity
(b) Confirm that you agree for all files/emails to be removed and
(c) Document the request.
This process reduces the likelihood of mistakes, fraudulent/malicious requests and ensures you are aware that the files, emails and account may be removed immediately after a cancellation request is processed.
As a client of 99up Web Hosting, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify 99up Web Hosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by 99up Web Hosting. 99up Web Hosting reserves the right to bill your credit card or billing information on the file with us. 99up Web Hosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to 99up Web Hosting for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our sales team via email at email@example.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and 99up Web Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at firstname.lastname@example.org for any domain registration cancellation. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact email@example.com
99UP WEB HOSTING reserves the right to change the monthly payment amount and any other charges at anytime.
- Backups & Data Loss:
Your use of this service is at your sole risk. Our backup service runs once a week overwrites any of our previous backups made and we maintain backups of only one week. This service is provided to you as a courtesy. 99up Web Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on 99up Web Hosting servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by 99up Web Hosting.
- Reseller Client Responsibility:
Resellers are responsible for supporting their clients. 99up Web Hosting does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility towards their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. 99up Web Hosting will hold any reseller responsible for any of their client’s actions that violates the law or the terms of service.
- Shared (Non-reseller Accounts):
Shared accounts must not resell web hosting to other people. If you wish to resell hosting you must use a reseller account. Semi-dedicated (VPS) servers are not backed up. You must maintain your own backups.
- Dedicated Servers:
99up Web Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server is accurate to prevent downtime from forced password resets. 99up Web Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
- Price Change:
The amount you pay for hosting will not increase from the date of purchase. We reserve the right to change prices listed on 99up Web Hosting and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
- Uptime Guarantee:
99up Web Hosting strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure and is calculated solely by 99up Web Hosting monitoring systems or 99up Web Hosting authorized/contracted outside monitoring services. If 99up Web Hosting fails to meet its 99.9% uptime guarantee and it is not due to one of the exceptions below, credits will be made available to each client upon request.
99up Web Hosting does not credit a full month’s service for minor downtime. This would not be financially healthy for 99up Web Hosting and in turn would negatively affect the service level provided by 99up Web Hosting.
“Partial refunds for partial downtime” is our standard policy. In extreme circumstances, 99up Web Hosting may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
- Bandwidth Usage:
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation or more bandwidth is purchased at an additional fee or you upgrade to a higher level of package. We could also terminate the account and/or charge you an additional fee for the over usage. Unused transfer in one month cannot be carried over to the next month.
- Money back Guarantee:
On dedicated servers no full refund will be honored — the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Each of 99up Web Hosting managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
99up Web Hosting will not activate new orders or activate new packages for customers who have an outstanding balance with 99up Web Hosting. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by 99up Web Hosting in writing.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the 99up Web Hosting network caused by or associated with:
- A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. Fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
- B) Telco Failure (i.e. Verizon™ cutting a fiber line somewhere).
- C) Backbone peering point issues (i.e. UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast).
- D) Scheduled maintenance for hardware/software upgrades.
- E) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). 99UP WEB HOSTING utilizes hardware of the highest quality and performance.
- F) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime).
- G) DNS issues not within the direct control of 99UP WEB HOSTING.
- H) Network floods, hacks, attacks from outside parties or any individual.
- I) Failure or error of any 99UP WEB HOSTING monitoring or measurement system.
- J) Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of 99UP WEB HOSTING service(s) in breach of 99UP WEB HOSTING Policy and Service Guidelines (TOS), by Client or others authorized by Client.
- Resource Usage:
The user may not:
1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems. These include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point of time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use includes(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like PHP and html).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Customer agrees that it shall defend, indemnify, save and hold 99UP WEB HOSTING harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against 99up Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold 99up Web Hosting harmless against liabilities arising out of-
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with 99up Web Hosting,
(2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party,
(3) Copyright infringement and
(4) Any defective products sold to customers from 99UP WEB HOSTING’s server.
By using any 99up Web Hosting services, you agree to binding arbitration. If any disputes or claims arise against 99up Web Hosting or its subsidiaries, such disputes will be handled by an arbitrator of 99UP WEB HOSTING’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
- Cancellations & Refunds:
99up Web Hosting reserves the right to cancel, suspend or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel our Service at any time via a cancellation form or email us on sales.
99up Web Hosting gives you a 7 day money back guarantee on managed shared hosting and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal. Refund applies only 6 months or more booking services. Cancellations requested after the initial 7 days for Shared and Reseller accounts will be considered on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 7 day period will be given on a prorated basis from when the refund was requested and if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 7 Days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.
99up Web Hosting shall not be responsible for any damages your business may suffer. 99up Web Hosting makes no warranties of any kind, expressed or implied for services we provide. 99up Web Hosting disowns any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any/all service interruptions caused by 99up Web Hosting and its employees.
- Disclosure to law enforcement:
99up Web Hosting may disclose any subscriber information to law enforcement agencies without consent or notification to the subscriber upon lawful request from such agencies. We fully co-operate with the law enforcement agencies.
- Copyright Policy:
All content on this website is Copyright © 99up Web Hosting and may not be reproduced without expressing written consent. All logos, trademarks and/or service marks are the property of 99up Web Hosting.
- Changes to the TOS:
99up Web Hosting reserves the right to revise its policies at any time without notice.