Updated December 31, 2019

The following Agreement is between H1UP ("H1UP", "Host 1Up", "WE", "US", "OUR") and ("CUSTOMER", "YOU", "YOUR")

H1UP an Internet Service Provider offering a variety of hosting and Internet related services. CUSTOMER appreciates the hosting services offered by H1UP and would like to contract HOSTING SERVICES for its own purposes.

Both H1UP and Customer acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, H1UP can make no guarantee that any given party shall be able to access the service made available by H1UP at any given time. H1UP will always make every effort to ensure that the service is available with the greatest possible uptime.

FINANCIAL ARRANGEMENTS

Length of service
Customer agrees to an initial (1) one month, three (3) month, six (6) month, or twelve (12) month contractual length of service (the "TERM"). The length of contract required is based on the type of service desired by Customer and shall be determined solely by H1UP.

Service start date
The first payment plus setup or non-recurring charges, if any, shall be due in advance of any service provided. Service shall begin upon H1UP receipt of Customers order or Signed Agreement, and payment for such first TERM of service or upon a mutually agreed upon other date.

Renewal by Customer
This agreement will automatically renew for successive three (3) or six (6) month Terms unless canceled in writing by Customer at least 30 days prior to the end of TERM renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any updates to this SERVICE AGREEMENT Contract revisions and price changes.

FAILURE TO PAY

In case You are unable to pay for the service, and We cancel the service, We will immediately erase all data associated with Your SERVICE. We will keep Your billing information on file for the purposes of attempting to collect any outstanding debt.

REFUND POLICY

• As detailed above, cancellation by Customer must be in writing with 30 days notice.
• Setup charges are not refundable under any circumstances.
• The first Term of service is not refundable under any circumstances.
• Refunds of renewal fees paid to H1UP shall only be made for fully unused calendar months of service that the Customer desires to cancel.
• Customer shall not be entitled to any refund of any monies under any circumstances should Your service be terminated due to a violation of any of H1UP Policies.

Bandwidth Overages
Bandwidth is not free, and especially expensive in some regions. H1UP reserves the right to review bandwidth costs and change the price of bandwidth on any month-to-month service at any time. By using the service Customer agrees to these terms.

TAXES

H1UP shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by Customer or H1UP's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. Customer may be charged taxes in accordance with H1UP's cost to provide the service, or any other tax or fee imposed by regulatory authorities.

SERVICE AVAILABILITY AND FITNESS

H1UP will not control any kind of data entering or leaving the H1UP network. H1UP, at its sole discretion will disconnect or suspend any Customer or Service if H1UP determines the service is not being used in harmony with the TERMS of SERVICE.

H1UP makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. H1UP also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of H1UP or the Customer. H1UP specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. H1UP does not represent guarantees of speed or availability of end-to-end connections. H1UP is not responsible for any damages to Customer arising out of the use of the Service, or the lack of availability of the service.

TRADEMARKS AND COPYRIGHTS

Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

AGE

Customer certifies that he or she is of full legal age in your local jurisdiction or country or place to enter into this agreement.

POLICIES

H1UP takes Network and Internet security and Network Availability very seriously.

Customer acknowledges and agrees to all terms in the H1UP Policies and to the TERMS OF SERVICE listed below in this contract.

TERMS OF SERVICE

Failure to comply with any of the following TERMS OF SERVICE will result in immediate Termination of Service

• Customer may not use the H1UP network resources to impersonate another person or legal entity or misrepresent authorization to act on behalf of others or H1UP.
• All messages, packets, document, and data of any kind transmitted by Customer should correctly identify the sender.
• Customer may not alter the attribution of origin of packets without prewritten agreement and authorization
• Customer will not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
• Customer may not under any circumstances, unless notified in writing by H1UP use the service for bulk emailing services, or participate in a bulk emailing service of any kind.
• Customer acknowledges that sending unsolicited email of any sort leaves the H1UP network subject to blacklisting and other forms of service revocation or Denial of Service.
• Customer agrees to pay damages to H1UP for any such revocation of service due to Customers’ failure to comply with the terms of this Agreement.
• Failure to comply with H1UP email policy is grounds for immediate termination of Service
• H1UP does not allow the storage, sale, or proxy of any pornographic material of any kind on it’s servers, or network.
• H1UP does not allow the storage, sale, or proxy of any gambling related services or gambling related games of any kind on it’s servers, or network.
• H1UP does not allow the H1UP network to be used for network scanning services
• H1UP does not allow outbound or inbound connections to standard IRC ports, the H1UP network is not to be used for IRC related services
• Customer will use the H1UP service for lawful purposes only and shall not violate any laws in the local or remote jurisdiction.

TERMINATION

H1UP or Customer may Terminate this Agreement, without cause, by giving the other party 30 days written notice. Written notice may be via email or Support Ticket Submission in the Customer Portal. H1UP reserves the right to verify all cancellations before terminating service.

H1UP may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with any of the terms of this Agreement or TERMS OF SERVICE. H1UP may terminate the service under this Agreement if Customer fails to remit payment to H1UP by the Customer's invoice due date.

VERIFICATION

H1UP may, at its sole discretion block outbound traffic originating from a Customer's server, site or network until Customer has verified their account, or if Customer's bill becomes delinquent.

LIMITED LIABILITY

Customer expressly agrees that use of the Service provided by H1UP is at Customer's sole risk.

Neither H1UP, its employees, affiliates, agents, contractors, merchants licensers or the like (H1UP), warrant that the Service will not be interrupted or error free.

Under no circumstances, including negligence, shall H1UP, its offices, agents or anyone else involved in creating, producing or distributing H1UP services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use H1UP Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to Natural Disaster, communication failure, theft, destruction or unauthorized access to H1UP's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content and Services on H1UP's network.

Under no circumstances, including negligence, shall H1UP, its offices, agents or anyone else involved in creating, producing or distributing H1UP services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use H1UP Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to Natural Disaster, communication failure, theft, destruction or unauthorized access to H1UP's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content and Services on H1UP's network.

LAWFUL PURPOSE

Customer may only use H1UP Service 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, or material protected by trade secrets.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold H1UP harmless from any and all demands, liabilities, losses, costs and claims, including attorneys' fees asserted against H1UP, its agents, its customers, servants, officers 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, employees or assigns. Customer agrees to defend, indemnify and hold harmless H1UP against Liabilities arising out of any of the following:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with H1UP's service; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; and any defective product which Customer sold on the Services offered by H1UP.
• If H1UP discontinues DNS service for Customer or Customer's domain, Customer fully understands and agrees that H1UP will not be liable for any loss of business, interruption of business, loss of Customer's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits).
• In no event shall H1UP's maximum liability exceed one hundred ($100.00) dollars.

CONTRACT REVISIONS

Revisions to this Contract will be considered agreed to by the Customer on renewal of H1UP Services.

The parties upon renewal of services agree to any changes or modifications to this Contract. This Agreement shall be governed and construed in accordance with the laws of the Prefecture of Tokyo, Japan.

If you have any questions regarding the information on this page please contact legal@h1up.com