Terms of Service

Content
Service provided by Universal Fireworks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States law is prohibited.

Examples of non-acceptable content:

- Pirated Software
- Hacking Programs
- Warez Hosting & Linking
- Hate Sites
- IRC Servers
- Proxies

Script Use
You are free to use any scripts that do not affect the normal operations of our servers. Scripts that are known to cause server disruption include cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server, Universal Fireworks reserves the right to disable the account pending client cooperation and resolution.

Intellectual Property Rights
Material accessible to you through Universal Fireworks's services may be subject to protection under United States of America copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Universal Fireworks in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Universal Fireworks network. If you use a domain name in connection with Universal Fireworks, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Universal Fireworks reserves the right at its sole discretion to refuse or cancel any service. Violation of Universal Fireworks's Terms of Service can result in a warning, suspension, or possible account termination.

Spam or Unsolicited Email
You must not use the Universal Fireworks in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as the originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of Universal Fireworks. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, Universal Fireworks reserves the right to disable your account without warning. In addition, Universal Fireworks may impose a $50 penalty for each spam policy violation. Universal Fireworks solely reserves the right to refuse or cancel service to known spammers. Lastly, Universal Fireworks reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to an Universal Fireworks server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Universal Fireworks (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Universal Fireworks, its agents, its customers, 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, or employees. Customer agrees to defend, indemnify and hold harmless Universal Fireworks against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Universal Fireworks, (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Universal Fireworks to the amount paid for service.

Cancellations & Refunds
Cancellation requests must be submitted fourteen (14) days before customer's next billing date. For information on how to cancel, click here. Refund requests should be made within seven (7) days of your account activation. If, for any reason, you fail to do so, you will not receive a refund. Refunds are not issued on dedicated servers or domain names. Accounts that violate our Terms of Service are not eligible for a refund.

Late Payment
Any account whose payment status is not current as of the start of the next billing period is deemed late. You will receive a payment reminder everyday from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full. For late payments please email billing@universalfireworks.com to arrange payment.

Disclaimer
Universal Fireworks will not be responsible for any damages your business may suffer. Universal Fireworks makes no warranties of any kind, expressed or implied for services we provide. Universal Fireworks disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Universal Fireworks and its employees. Universal Fireworks makes a 99.9% uptime guarantee.

Universal Fireworks can accept no responsibility for any loss of data or consequences arising from this. Universal Fireworks always advises clients to back up their site data regularly for its own protection.

Universal Fireworks furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Universal Fireworks. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Universal Fireworks then Universal Fireworks will not be responsible for maintaining hosting for the reseller's customers.

Finally, Universal Fireworks wishes to emphasize that in accepting services, customers indemnify Universal Fireworks for the violation of any law or Universal Fireworks policy, that results in loss to Universal Fireworks or the bringing of any claim against Universal Fireworks. This means that if Universal Fireworks is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Universal Fireworks, plus costs and reasonable legal fees.

Failure to comply with any of our Terms of Service will result in grounds for immediate account deactivation.

Universal Fireworks reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

Last Modification: September 12, 2008

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