Terms & Conditions

Revision date: August 29th, 2007

All services provided by Level Up Host ("Level Up Host") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Level Up Host from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Level Up Host' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
ROMS and Emulators
Adult-Related Content

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, ADDITIONALLY, Level Up Host WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage


All account plans come with a predetermined amount of traffic allowance.

Proxy Servers


You cannot run a proxy site/server or anything like it here.

IRC and Chat


We currently do not allow IRC or IRC bots to be operated on our servers. You also cannot run a Chat Room on our servers, as they can take up way too much CPU Time.

Server Abuse


Any attempt to undermine or cause harm to a server or customer of Level Up Host is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service


We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Level Up Host must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Limitation of Liability


Level Up Host shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Level Up Host ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Level Up Host shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Level Up Host ' servers. All damages shall be limited to the immediate termination of service.

Violations


Violations of these Acceptable Use Policies should be referred to contactATleveluphost.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer


Level Up Host cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Level Up Host are resold.
Thus, certain equipment, routing, software and programming used by Level Up Host are not directly owned or written by Level Up Host. Moreover, Level Up Host holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Level Up Host sees fit.

Account Activation


By activating your account with Level Up Host, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Privacy


Revision date: August 27th, 2007

Level Up Host has created this privacy statement in order to demonstrate our firm commitment to privacy.
The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged



We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Third Parties



Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site



If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:


Acceptable Use Policy


Revision date: August 27th, 2007

As a provider of web site hosting and other Internet-related services, Level Up Host offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Level Up Host respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Level Up Host reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Level Up Host has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Level Up Host' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Level Up Host cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Level Up Host cannot monitor or censor the Internet, and will not attempt to do so, Level Up Host cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Level Up Host does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Level Up Host' network and may reach a large number of people, including both subscribers and non-subscribers of Level Up Host, subscribers' postings to the Internet may affect other subscribers and may affect Level Up Host' goodwill, business, reputation or operations. For these reasons, subscribers violate Level Up Host policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:


Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Level Up Host, but also because it can overload Level Up Host' network and disrupt service to Level Up Host' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Level Up Host will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Level Up Host reserves the right to prosecute for this violation.

Audio/Video Streaming:


Audio/Video Streaming is not hosting friendly. As such, Level Up Host does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:


Level Up Host does not allow adult content and will suspend/terminate any offending account.

Large File Policy:


Level Up Host is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail


Obscene Speech or Materials:


Using Level Up Host' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Level Up Host is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: <


Using Level Up Host' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:


Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:


Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:


Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:


Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:


Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:


Level Up Host reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:


Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:


Engaging in activities, whether lawful or unlawful, that Level Up Host determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Level Up Host will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Level Up Host' policy or applicable law. However, when Level Up Host becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Level Up Host.

Level Up Host is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Level Up Host' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Level Up Host does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Level Up Host reserves the right to directly take action against a customer of its subscribers. Also, Level Up Host may take action against the Level Up Host' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Level Up Host anticipates that subscribers who offer Internet services will cooperate with Level Up Host in any corrective or preventive action that Level Up Host deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Level Up Host policy.

Level Up Host will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Level Up Host may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Level Up Host may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Level Up Host assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Level Up Host may disclose subscriber information or information transmitted over its network where necessary to protect Level Up Host and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Level Up Host will never sell information to other services or outside companies.

Level Up Host expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Level Up Host policy. Finally, Level Up Host wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Level Up Host for any violation of the Service Agreement, law or Level Up Host policy resulting in loss to Level Up Host or the bringing of any claim against Level Up Host by any third party. This means that, if Level Up Host is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Level Up Host, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Level Up Host and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to