Last modified: Dec 2021

Un1teee Web Hosting Services Agreement

Un1teee, on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein ("Un1teee") will provide its web hosting service (the "Hosting Service") to You ("Subscriber") in accordance with these terms and conditions, which terms and conditions incorporate and include the Acceptable Use Policy ("AUP"), the General Terms and Conditions for Un1teee Web Hosting Services and the Un1teee Privacy Policy, as they may be changed from time to time (collectively, the "Terms of Service"), all of which may be found at, and

Subscriber's use of the Hosting Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by the Terms of Service should immediately stop their use of the Hosting Service and notify Un1teee's Customer Service at 805-835-4352 to terminate the Hosting Service. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. The Terms of Service constitute a legal binding document.

1. Equipment: To use the Hosting Service, Subscriber must meet minimum computer, device, in-home network and system requirements as identified by Un1teee.

a. Computer Equipment: The personal computer or device that Subscriber uses to access the Hosting Service must meet minimum configuration standards. The minimum configuration standards may change, and Un1teee will make reasonable efforts to support previously acceptable configurations; however, Un1teee is not obligated to continue to provide such support. Un1teee does not supply any equipment.

b. Un1teee does not provide technical assistance for third party hardware or software, including but not limited to home networks or gaming systems. Any questions concerning third party hardware or software should be directed to the manufacturer of that product. Un1teee is not responsible for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elects to use in connection with the Hosting Service.

2. Monitoring the Hosting Service and Privacy: Un1teee takes the protection of our Subscribers' privacy seriously. Un1teee has no obligation to monitor content; however, Subscriber agrees that Un1teee has the right to monitor the Hosting Service (including but not limited to, content and Subscriber software installed as it may affect the Hosting Service from time to time) in accordance with the Terms of Service, the AUP, and Un1teee's Privacy Policy.

For content residing on Un1teee's servers, Un1teee reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in Un1teee's possession about or related to Subscriber, Subscriber's use of the Hosting Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or Un1teee subscribers' information.

For more information on Un1teee's approach to Subscriber's privacy, please refer to the Un1teee Privacy Policy.

3. Rights Infringement: Subscriber will not use, or allow others to use, the Hosting Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Subscriber must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Subscriber represents and warrants that Subscriber is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and Subscriber further represents and warrants that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. Un1teee assumes no responsibility, and Subscriber assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

Under the Digital Millennium Copyright Act of 1998 (DMCA), copyright owners have the right to notify Un1teee if they believe that a Un1teee customer has infringed the copyright owner's work(s). If Un1teee receives a notice from a copyright owner alleging that Subscriber has committed copyright infringement, Un1teee will notify Subscriber of the alleged infringement. Un1teee may determine that Subscriber is a repeat copyright infringer if Un1teee learns that Subscriber has engaged in online copyright infringement on more than one occasion. Un1teee reserves the right to suspend or terminate the accounts of repeat copyright infringers.

4. Termination: Un1teee shall have the right to terminate the Hosting Service upon any violation of the Terms of Service. Un1teee will not be responsible for the return of data stored on Un1teee's servers, such as web and e-mail servers if Subscriber's account is suspended or terminated.

5. Disclaimer of Warranties and Limitation of Liability.

a. No Warranty: Subscriber agrees that Subscriber uses the Hosting Service and any software and equipment supplied by Un1teee at Subscriber's sole risk. The Hosting Service and Un1teee equipment are provided on an "as-is basis", if applicable, without warranties of any kind including without limitation any warranties of title, non-infringement, fitness for a particular purpose and merchantability. Un1teee does not warrant uninterrupted use of Hosting Service. Un1teee does not warrant that the Hosting Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components, even if countermeasures have been deployed. Un1teee does not warrant that any data or files Subscriber sends or receives via the Hosting Service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Subscriber's computer. This includes, but is not limited to, incidents of file sharing, print sharing, or use of other means that enable Internet users to gain access to Subscriber's equipment or to monitor Subscriber's activity and conduct while using the Hosting Service.

b. Third Party Sites: When Subscriber uses the Hosting Service and/or accesses Un1teee web sites, Subscriber may encounter links allowing Subscriber to visit web sites operated or owned by third parties ("Third Party Site(s)"). Un1teee provides these links as a convenience and they are not under the control or ownership of Un1teee. The presence of a link to any Third Party Site is not an endorsement by Un1teee of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Subscriber's use of any third party site is governed by the various legal agreements and policies posted at that web site.

c. Bandwidth.

  • Subscriber understands and agrees that Un1teee does not guarantee that any particular amount of bandwidth on the Un1teee network or that any speed or throughput of Subscriber's connection to the Un1teee network will be available to Subscriber. Subscriber understands and agrees that the speed of the Hosting Service provided at Subscriber's site will vary depending upon a number of factors, including Subscriber's computer system(s) and associated equipment (e.g., Subscriber-sourced Wi-Fi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Un1teee's control, and system failures, modifications, upgrades and repairs. Subscriber understands that Subscriber's wireless connections and use of wireless routers may be subject to greater fluctuations in speed and latency and may be adversely affected by interference, congestion, distance, and other outside factors.
  • Subscriber understands that Un1teee may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with Un1teee's AUP. Subscriber should reference Un1teee's AUP for additional details.
  • Subscriber further understands and agrees that, to allocate bandwidth across all of its users, Un1teee may employ reasonable network management techniques as identified in Un1teee's AUP located at
  • Subscriber's sole and exclusive remedies under the Terms of Service are as set forth in these Terms of Service. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Subscriber.

6. Service Availability: Un1teee will make the Hosting Service available 99.95% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows:

total minutes Services are available) x 100

Service Availability = -------------

(total minutes in the month) – (Excused Downtime)

7. Excused Downtime: This is the length of time Hosting Service is unavailable due to:

  • Scheduled Maintenance;
  • Emergency Maintenance;
  • Force Majeure events; and
  • the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Hosting Service, breach of the AUP, or any use or configuration of Hosting Services that does not comply with Un1teee’s recommendations.

“Scheduled Maintenance” means any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance – Midnight – 4 AM Pacific Time.

“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

8. Help Desk Response Time:

  • Basic Hosting Service (under $250 per month) – best effort.
  • Enhanced Hosting Service (greater than $250 per month) – 60 minutes.

9. SLA Credits: You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Support within 30 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, may not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.

10. Limitation of Liability/Exclusive Remedy: Un1teee's entire liability and Subscriber's exclusive remedy with respect to the use of the Hosting Service or its software and equipment, or any breach by Un1teee of any obligation Un1teee may have under these Terms of Service, shall be Subscriber's ability to terminate the Hosting Service or to obtain the replacement or repair of any defective software provided by Un1teee to Subscriber. In addition, Un1teee shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identify theft, for any monitor or screen burn-in, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause.

11. Email Service: Subscriber agrees that Un1teee does not provide any email services as part of the Hosting Service.

12. Network Security and Management: Subscriber agrees that Un1teee may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. Un1teee may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers as identified in Un1teee's AUP. Un1teee may take these actions, with or without notice, in situations where Un1teee believes, in its sole discretion that Subscriber may harm or disrupt the performance of the Hosting Service for other users or where Subscriber is transmitting or is otherwise connected with what Un1teee considers in its sole discretion to be spam or other malicious code or software. Subscriber agrees that Un1teee is entitled to damages if Subscriber is transmitting or is otherwise connected with spam or other malicious code or software. Subscriber agrees Un1teee is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Subscriber agrees to pay Un1teee liquidated damages of five dollars (U.S. $5.00) for each piece of spam or other malicious code or software transmitted from or otherwise connected with Subscriber's account.

13. Amendment: Un1teee may, in its sole discretion, change, modify, add or remove portions of the Terms of Service at any time. Un1teee may notify Subscriber of any such changes by sending notice via electronic mail or U.S. postal mail. The Subscriber's continued use of the Hosting Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of the Terms of Service, Subscriber must immediately cease using the Hosting Service and notify Un1teee that Subscriber is terminating the Hosting Service. In addition, the Terms of Service are subject to change in compliance with applicable law.

14. Entire Agreement: The Terms of Service shall be posted at, under the page footer, and are the only terms and conditions that govern the Hosting Service. No undertaking, representation or warranty made by any agent or representative of Un1teee in connection with the sale, installation, maintenance or removal of the Hosting Service shall modify or amend the Terms of Service.