Terms of Service

User Content

All services provided by USA Domains may only be used for lawful purposes.

Any website, web application or script that poses a potential security risk or are deemed to be adversely affecting server performance or degrading network integrity will be disabled or automatically removed without prior notice. USA Domains does not permit CGI, PHP or Application sharing with domains not hosted by USA Domains or any Scripts that may be abused for UCE purposes.

Examples of unacceptable material on all Shared and Reseller servers include;

• Sites promoting illegal activities
• Sites promoting hate, racism, or harassment
• Lottery or Gambling sites
• Hacker related sites/forums/programs
• Pirated software/warez sites
• Proxy scripts
• IP or Network scanners
• Spam scripts, Mass Mailing services
• Banner Ad services
• Topsite scripts
• MLM or Pyramid schemes
• IRC scripts/bots

Server Resources

USA Domains reserves the right to monitor and allocate network and server resources. You may use CGI scripts, PHP, MySQL, in use of our hosting services; however, these processes must use reasonable system resources. Any customer account that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either reduce the resources used to an acceptable level, or upgrade its service to a suitable Server Cloud or Dedicated Server plan. USA Domains will be the sole arbiter of what is considered to be a high server usage level. Any shared Web Hosting account deemed to be adversely affecting server performance or network integrity may be suspended without prior notice to customer.

In order to provide reliable resources to all, customers may not;

• Use more than 25% of cpu or memory for longer than 90 seconds.
• Use more than a combined total of 5% cpu and memory over 24 hours.
• Send more than 250 emails per domain per hour.
• Use more than 50 concurrent database connections at one time.
• Run cron jobs with intervals of less than 5 minutes.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is strictly prohibited, regardless of whether or not it overloads a server or disrupts service to USA Domains's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a USA Domains server, and selling or distributing software (on a Web site residing on a USA Domains server) that facilitates spamming, hacking or spoofing mail servers, local or abroad. Violators of this policy will be assessed a minimum fine of $200 and will face immediate suspension or cancellation. USA Domains reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Violations of this provision also include but are not limited to;

• Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
  
  
• Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
  
  
• Harassing e-mail, whether through language, frequency, or size of messages.
  
  
• Chain letters.
  
  
• Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
  
  
• E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

System and Network Abuse

Violations of USA Domains's or any third party's server, system or network security through the use of the services are prohibited, and may result in criminal and civil liability. USA Domains investigates all incidents involving such violations. USA Domains may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

• Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
  
  
• Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
  
  
• Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's session, via any means, locally or by the Internet.
  
  
• Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of the header information in an email or a newsgroup posting.
  
  
• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
  
  
• Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

Viruses, Worms, Spyware, Malware

Use of USA Domains's services or equipment for creating or sending Internet viruses, worms, trojans, spyware or malware, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use USA Domains's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Adult Content

Adult-oriented sites, designed for entertainment or commercial purposes, are allowed on USA Domains servers.

Child Pornography

The use of USA Domains's services to store, post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. USA Domains is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services, by any means.

Customer Responsibilities

Customers are responsible for the content they upload, their website's security, and complying with all applicable laws and regulations. You must not use our services for any illegal or malicious activities, including but not limited to distributing malware, engaging in hacking, or infringing upon intellectual property rights. You are also responsible for regularly backing up your website data and maintaining the security of your login credentials.

Customers are required to use the USA Domains network responsibly. This includes respecting the other customers of USA Domains. USA Domains reserves the right to suspend and/or cancel service with any customer who uses the USA Domains network in such a way that adversely affects other USA Domains customers. While USA Domains may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, USA Domains does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when USA Domains becomes aware of any violation of the TOS or other user agreements, USA Domains may take any action to stop or correct such violation, including, but not limited to, denying access to USA Domains's services and equipment or to the Internet. In addition, USA Domains may take action against a customer or a customer of such customer because of the activities of such customer. USA Domains anticipates that customers who offer Internet services will cooperate with USA Domains in any corrective or preventive action that USA Domains deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of USA Domains policy and USA Domains reserves the right to take any such action even though such action may affect other customers of the USA Domains customer.

Actions Taken by USA Domains

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. USA Domains will be the sole arbiter as to what constitutes a violation of the TOS. USA Domains reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When USA Domains becomes aware of an alleged violation of its TOS, USA Domains will initiate an investigation. During the investigation, USA Domains may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, USA Domains may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, USA Domains will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. USA Domains does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by USA Domains.

Indemnification

USA Domains customers agree to protect, defend, hold harmless, and indemnify USA Domains, any third party entity related to USA Domains, Inc. (including, without limitation, third party vendors), and USA Domains's executives, directors, officers, attorneys, managers, employees, consultants, contractors, resellers, agents, parent companies, and subsidiaries, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of USA Domains's services.

Disclaimer

The USA Domains service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. USA Domains expressly disclaims any representation or warranty that the USA Domains service will be error-free, secure or uninterrupted. No oral advice or written information given by USA Domains, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. USA Domains and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between USA Domains and its customers. Each of USA Domains and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

er, except as may be expressly provided herein.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between USA Domains and its customers. Each of USA Domains and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

er, except as may be expressly provided herein.

4. Payment and Billing

Users agree to pay the fees associated with the chosen hosting plan. Billing cycles and payment methods are outlined on our website. If you choose a subscription-based plan, your subscription will automatically renew unless canceled before the renewal date. Failure to make timely payments may result in suspension or termination of services. We do not provide refunds for unused portions of the subscription period.

All prices shown on our web site are shown in US Dollars. Payments made in other currencies are converted to US dollars upon checkout. USA Domains accepts the following types of payment:

• Check or Money Order
• Credit Card (VISA, MasterCard, American Express, Discover)
• PayPal

All payments are due by the invoice due date. If you provide USA Domains your credit card information, you authorize USA Domains to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be invoiced and posted to your account until such time that you cancel your account in accordance with our cancellation policy. You are responsible for directly updating any changes to your Billing Information (including, but not limited to card number, expiration date, billing address, telephone number and current email address).

Any Account that has an invoice that is outstanding for ten (10) days past it's invoice due date will automatically be assessed a $5.00 late fee and may be suspended. This late fee is applied in addition to the outstanding balance due. Access to the account will not be restored until payment has been received. Suspended accounts are not cancelled accounts, and continue to incur charges until properly cancelled by customer in accordance with our cancellation policy.

Accounts that are thirty (30) days past due will be automatically cancelled.

All past due and unpaid balances are subject to collection and reporting to the credit bureaus. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Cancellations

All shared hosting plans, reseller plans, dedicated servers and cloud servers, as well as any additional services purchased, will automatically renew until the plan or service is cancelled. In order to cancel service, customers must submit a cancellation request by logging into their account, go the the "My Services" section, select the service they wish to cancel, and then click the "Request Cancellation" button, and fill out the cancellation form, along with a cancellation reason.

This is the only accepted form of cancellation.

 For security reasons, cancellation notifications via phone, email, fax or by any other means are not honored or accepted. If you have questions on how to properly cancel an account, please login to your account and submit a support ticket and we can assist you with the cancellation process.

Dedicated Server and Cloud Server cancellation requests must be received by USA Domains a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time will result in automatic delay of your cancellation, and you agree to an automatic renewal of your server for an additional month before it is properly cancelled.

Shared Hosting, Reseller Hosting, and all other services may be cancelled at any time.

USA Domains does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, DNS, your ISP, or any other secondary issues not directly related to USA Domains's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on their account. USA Domains Inc. reserves the right to terminate any account, at any time, without notice, for any reason USA Domains Inc. considers appropriate.

Termination

We reserve the right to suspend or terminate services for violations of these terms or for any other reason deemed necessary. If your account is terminated due to violations, you may lose access to your website content and data. We may also take legal action if your actions result in harm to our servers, network, or reputation.

Limitation of Liability

We are not liable for any damages or losses resulting from the use or inability to use our hosting services. This includes direct, indirect, incidental, consequential, or punitive damages arising from the use or misuse of our services. While we strive to provide reliable and secure hosting, you acknowledge that no online service is completely immune to vulnerabilities, and you use our services at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL USA DOMAINS (INCLUDING, WITHOUT LIMITATION, USA DOMAINS'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, RESELLERS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING USA DOMAINS'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR USA DOMAINS SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY USA DOMAINS SERVICES EVEN IF USA DOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USA DOMAINS'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR USA DOMAINS'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY USA DOMAINS OR USA DOMAINS'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 2-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

USA Domains may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with USA Domains's services. Certain changes to USA Domains's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and USA Domains is not liable, for any and all such personalized applications and content, except as expressly agreed to by USA Domains.

Backup of Data

Except where USA Domains has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and USA Domains is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with USA Domains services.

Third Party Licenses

USA Domains makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, USA Domains makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, USA Domains specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold USA Domains liable in any way for the revocation of any license, which has been licensed to USA Domains. The use of the Technologies obtained from or through USA Domains, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-USA Domains Products

Any mention of non-USA Domains products by USA Domains, its employees, or any third party entity related to USA Domains is for information purposes only and does not constitute an endorsement or recommendation by USA Domains. USA Domains disclaims any and all liabilities for any representation or warranty made by the vendors of such non-USA Domains products or services.

USA Domains's Intellectual Property

Customers will not, without USA Domains's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on USA Domains's Web site, and customers will not use any of USA Domains's trademarks, service marks, copyrighted materials, or other intellectual property without USA Domains's express written consent. Customers will not, in any way, misrepresent their relationship with USA Domains, attempt to pass themselves off as USA Domains, or claim that customers are USA Domains.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for USA Domains's services, either in whole or in part, without the prior written consent of USA Domains.

Minimum Age Requirement

USA Domains customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a USA Domains customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for USA Domains services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains USA Domains's express written consent to the contrary. Any acceptance of the TOS or any other agreement for USA Domains's services will be deemed null and void to the extent that USA Domains will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of USA Domains's services.

Governing Law and Severability

The TOS, and any other agreement for USA Domains services, will be governed by and construed in accordance with the laws of the State of North Carolina, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and USA Domains will take place in North Carolina, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other USA Domains agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Force Majeure

USA Domains will not be liable for delays in its performance of the TOS or USA Domains services caused by circumstances beyond USA Domains's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). USA Domains will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between USA Domains and its customers. Each of USA Domains and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for USA Domains services, constitutes the complete understanding and agreement between USA Domains and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of USA Domains, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for USA Domains services is between USA Domains and its customers only and will not confer any rights in any third party except as otherwise expressly provided by USA Domains.