This Agreement ("Agreement") is between ReserveHost, and the party specified in the order form, or any party submitting any type of information or data. Such party shall be referred to as "you" and "your". User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below.
Do not proceed to place any information of any kind on ReserveHost servers if you do not wish to be held by this Agreement. Signing up with ReserveHost and/or any of its services shows your agreement that you agree with our TOS [Terms of Service] and AUP [Acceptable Use Policy].

All parties agree as follows:

Services
Subject to terms and conditions of this Agreement, ReserveHost will provide you with Internet web hosting, design, and or services described in the plan selected and submitted by you. The specific plans of services to be provided to you shall be as selected in the order and thereafter as established through correspondence between you and ReserveHost.

Fees and Payment
Customer agrees to provide ReserveHost with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.
Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The services will be suspended if your account is delinquent. Notwithstanding any other rights ReserveHost may have in this Agreement, all of your web site content will be destroyed if the account is delinquent for 60 days. ReserveHost accounts continue to accrue charges while they are delinquent or if the services are suspended. Payments must be made through one of the methods listed on our payment page.
You acknowledge that ReserveHost will bill prior to the payment interval you have chosen. You authorize automatic billing by ReserveHost on an ongoing basis during the term of this Agreement.

ReserveHost will publish a notice of fee increases 30 days before such increases take effect on the ReserveHost web site..

Cancellation of Accounts
You may cancel your account by contacting ReserveHost. Cancellation of an account takes effect immediately. Upon notification of an account cancellation request, the account is immediately terminated, and no data is saved. ReserveHost does not give refunds on the remaining term left on an account that was canceled after the charges have been billed. All ReserveHost accounts must be paid in full before the cancellation will be considered complete. If your account is canceled due to violation of this Agreement, no refund will be given.

Refund Policy
Accounts are refunded upon request after the first 30 days of initial activation. You will be responsible for payment after the first 30 days.

Content and Customer Responsibility
You agree that as the person legally responsible for use of this account, you are at least 18 years of age. You agree to supply ReserveHost with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that the authorized use of any credit card that is supplied to ReserveHost, will be fully investigated if any evidence or suspicion of fraudulent use arises.
ReserveHost services may only be used for lawful purposes. Any use of these services which violates any local, provincial, state, federal, or international laws which may apply to ReserveHost, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
The security of an account is solely your own responsibility. If you believe the security of your account has been compromised in any way, you will notify ReserveHost immediately. You agree that if any security violations are believed to have occurred in association with an account, ReserveHost has the right to suspend access to the account pending an investigation and resolution.

Unacceptable activities include:

1. Spam (unsolicited emailing)

ReserveHost will not tolerate spamming, spoofing, passive spamming, trolling, mailbombing, generating a higher volume of outgoing mail than a normal user (10% of system resources), chain letters; and subscribing someone else to an electronic mailing list without that person's permission. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the services will be terminated. ReserveHost may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

2. Adult Content

Explicit adult content (pornography) will be grounds for immediate suspension of your account. Adult medium considered unacceptable includes but is not limited to, writings, pictures, movies, and or banners. Sites containing only links to adult content will be immediately suspended. ReserveHost will be the sole arbiter as to what constitutes a violation of this provision.

3. Abusing Rights of others

Examples of unacceptable activities in this regard include but are not limited to, posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers or programs. ReserveHost supports free speech on the internet, and we will not suspend or cancel your account simply because it disagrees with the views expressed by another individual or group. Where there are allegations that your on-line activity has violated the legal rights of a third party, ReserveHost will be the sole arbiter as to what constitutes a violation of this provision.

4. Server Abuse

Malicious or intentional interference with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers, will be dealt with in a manner deemed fit by ReserveHost. Interference with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access, is unacceptable and will result in e-mail notification. If not resolved in timely fashion, ReserveHost reserves the right to immediately suspend the account.

5. Piracy

Any use of our system to engage in software piracy, copyright infringment, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. Linking to illegal material is prohibited.

6. IRC

We currently DO NOT allow IRC or IRC bots to be operated on our servers.

7. Illegal Activity

Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Any illegal activity will result in immediate account suspension.

Bandwidth Overages
You are responsible for your own account bandwidth overages, and will be charged the current "extra" rate for the amount exceeding your current account plan.

Data Loss
ReserveHost is not responsible for your data loss. Use of the service is at your sole risk. ReserveHost is not responsible for files and data residing on your account. For server restoration purposes only, ReserveHost may make full back-ups of web sites, and backups of new/changed data; however, ReserveHost makes no guarantees of any kind, either expressed or implied, as to the integrity of any back-ups. You are responsible to maintain local copies of data.

No Warranty
You agree to use ReserveHost's services, and any information obtained through or from ReserveHost, at your own risk. You acknowledge and understand that neither ReserveHost nor its representatives warrant that the services offered or provided will not be interrupted or error free. Nor do we make any warranty or representation as to the results that may be obtained from the use of the services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided by through the service, unless otherwise expressed in this Agreement. ReserveHost disclaims any warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the service it is offering or providing. In the event that ReserveHost provides you with products in conjunction with other services, ReserveHost also provides those products "as is" without warranty of any kind, whether express or implied.

Limited Liability
You agree to indemnify, defend, and hold harmless ReserveHost from any and all liability, penalties, losses, costs, attorneys' fees, damages, expenses, causes of action or claims caused by or resulting indirectly from your use of the service which damages either yourself, ReserveHost, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Refusal of Service
ReserveHost reserves the right to refuse, suspend, or terminate any account which it deems is in violation of this Agreement.

Privacy
ReserveHost respects your privacy and guards data carefully. ReserveHost currently does not disclose or sell any personally identifiable information collected online with other companies or organizations. In the future, should ReserveHost decide to share its customers' personal or online transactional data with third parties, it will, in advance, provide notification and the opportunity for its users to indicate whether they would prefer that the company not provide their information to third parties. Your information is used to help maintain accurate accounts, provide the service you've requested, bill correctly, and answer your inquiries. ReserveHost may also include information about visits to our sites in aggregated data that does not identify anyone specifically, in order to help make our sites more useful.

Jurisdiction
Any action, suit or proceeding arising in connection with this Agreement will first be presented for resolution by ReserveHost and you. No resolution within 7 days will result in consultation with an arbitrator specializing in computer law and the Internet. You hereby irrevocably and unconditionally consent, and submit to the exclusive jurisdiction of the state and federal courts located in California, United States of America.

Notice
ReserveHost has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. ReserveHost reserves the right to modify this Agreement at any time. All clients will be informed of any changes 30 days before they take effect.

Violations of these Acceptable Uses Policies should be referred to us via our Ticket Support.