Terms of Service
Higher Level provides Internet World Wide Web page hosting, design, and development. Higher Level has certain legal and ethical responsibilities regarding the use of its server and equipment involved in these services.
Higher Level's general policy is to act as a provider of Internet presence. Higher Level reserves the right to suspend or cancel a customer's access to any or all services provided by Higher Level when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of Higher Level is strictly prohibited.
Higher Level will strongly react to any unauthorized use or attempted use of an Internet account or computer without the owner's authorization. Such actions include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc
Any unauthorized use of accounts or computers by a Higher Level customer, whether or not the attacked account or computer belongs to Higher Level, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Higher Level has the right to discontinue service or deny access, WITHOUT WARNING OR PRIOR NOTICE, of anyone who violates our policies or the terms and conditions. No refund of fees paid will be made if an account termination is due to violation of the terms outlined.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Higher Level to be unacceptable use of Higher Level's services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or which have links to the following content, but is NOT limited to: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual; Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); Displaying material that exploits children under 18 years of age; Acts of copyright infringement, including offering pirated computer programs or links to such program information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Abuse of Unlimited Traffic
Unlimited traffic for web sites is a privilege that is offered Higher Level customers. The intention of Higher Level is to provide a large space to serve web documents, not an off-site storage area for electronic files. Ninety percent (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Higher Level's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Higher Level management. Any customer who violates Higher Level's policies in abusing either space/site transfer will be notified and given 48-hours to remedy the problem. If the problem is not resolved within the allotted time, the client will be billed for the overages.
To maintain the integrity of our shared hosting service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred are graphics). Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads). Also, sites using more than 30% of system resources for longer than 60 seconds and sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 5 GB per month. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.
You will have 7 days to visit www.hl-webhost.com to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. Higher Level will be the sole arbiter as to what constitutes a violation of this provision.
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning/notification.
We do not allow clients to install their own chat rooms within a shared hosting account, without approval from the Higher Level Support Team. Most chat rooms tend to be large system “hogs” and we cannot allow it as an account option. Note: Parachat chat rooms do not apply to this rule. They are allowed for installation.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of email per day from a shared hosting account. If you do send more than 2000 pieces of email per day, your account will be placed on hold for Network Abuse. If you are sending legitimate emails and they total more than 2000 per day, your account will be moved to a special server that is specifically designed to handle high volumes of emails. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact firstname.lastname@example.org to have your domain moved.
We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.
All accounts are set up on a pre-pay basis. All new account changes are non-refundable. All pricing is guaranteed for the term of pre-payment. Higher Level reserves the right to change prices at any time, unless other terms have been agreed upon. Any account(s) not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Higher Level to request for termination of services. Contact the billing department at email@example.com to request for termination of services. All payment must be in U.S. currency. Higher Level will bill each client for a full month of service even if services are termination at the beginning or the middle of a month.
Higher Level reserves the right to cancel services at any time. All fees paid in advance of cancellation will be pro-rated and paid by Higher Level if Higher Level institutes it's right of cancellation. Any violation of policies which result in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Higher Level's web-hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.
All web-hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Higher Level is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, Web Design, etc. Due to security concerns, all account cancellations must be done via our cancellation forms at cancel my account. Email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information that you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you would use with your own confidential information.
Static IP Address Ownership
Higher Level shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Higher Level and Higher Level reserves, at its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
You, the customer, agree to pay Higher Level prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Higher Level price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if the customer's domain name registration is suspended, cancelled or transferred prior to the end of the customer's then current registration term. Higher Level reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The customer's requested domain name will not be registered unless, and until, we receive actual payment of the registration fee, and have confirmed the customer's registration in an email from Higher Level to the email address indicated in the customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Higher Level) in connection with the payments of the registration fee for the customer's domain name registration, you, the customer, agrees and acknowledges that the domain name registration shall be transferred to Higher Level as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Higher Level will reinstate the customer's domain name registration solely at Higher Level's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Higher Level reserves the right to refuse service to anyone. Customers may only use WebOxygen server for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Higher Level management.
YOU, THE CUSTOMER, AGREES TO DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS HIGHER LEVEL FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HIGHER LEVEL, 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 A CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HIGHER LEVEL AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HIGHER LEVEL'S SERVER; (2) ANY MATERIAL SUPPLIED BY A 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 HIGHER LEVEL'S SERVER.
HIGHER LEVEL WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. HIGHER LEVEL MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE. HIGHER LEVEL 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 HIGHER LEVEL AND ITS EMPLOYEES. HIGHER LEVEL RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS AND RESELLERS OF HIGHER LEVEL MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.