Terms of Service

This Hosting Agreement (the "Agreement") governs your purchase and use, in any manner, of all hosting services ordered by you (the "Subscriber") and accepted by Surf's Up Web Design ("Surf's Up Web Design"). The hosting services subject to this Agreement are those services including in the Service Options selected by you during the ordering process (collectively, the "Services"). The available Service Options are posted at http://www.surfsupwebdesign.com. This Agreement describes the terms and conditions that apply to such purchase and use of the Services. You must accept the terms of this Agreement to use the Services.

BY CHECKING THE BOX THAT SAYS "I HAVE READ AND ACCEPTED THE TERMS OF SERVICE" AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY MODIFICATION, DO NOT CHECK THE BOX OR CONTINUE TO USE THE SERVICES.

1. Hosting Services.

1.1 General. Subscriber has ordered, and Surf's Up Web Design agrees to provide (upon acceptance of Subscriber's purchase request), the Services pursuant to the Service Options selected by Subscriber. As part of the Services, Surf's Up Web Design will (a) configure, install, house, maintain, upgrade, monitor, modify and operate the computer equipment, server(s), operating software, network equipment and components (collectively, "Surf's Up Web Design's Systems") and (b) secure and maintain connectivity with third-party telecommunication providers, all as necessary to host and serve the Subscriber's Content (as defined below) via the Internet in accordance with the Service Options. Subscriber acknowledges that, as a part of Surf's Up Web Design's Systems, Surf's Up Web Design may retain one or more third-party service providers to supply the necessary facilities, equipment, and connectivity to provide the Services hereunder. Subject to the specific terms of this Agreement, Surf's Up Web Design retains sole right and control over the programming, content and conduct on Surf's Up Web Design's Systems. Subscriber is responsible for securing and maintaining its own Internet connectivity to access Surf's Up Web Design's Systems.

1.2 Domain Name Services.

1.2.1 General. At the election of Subscriber and in accordance with the Service Options selected by Subscriber, Surf's Up Web Design may provide Domain Name Services, including the hosting of one or more domain names held by Subscriber ("DNS Services") as part of the Services. If Subscriber purchases DNS Services under its Service Options, Subscriber shall provide Surf's Up Web Design with one or more registered domain names (each a "Subscriber Domain"). Surf's Up Web Design shall host the Subscriber Domain(s) during the effective term of this Agreement; provided that, such domain does not violate any registrar's policies, or any laws or regulations. Surf's Up Web Design agrees to transfer the Subscriber Domain at the direction of Subscriber or upon termination of this Agreement. Subscriber shall retain all right, title, and interest in the Subscriber Domain, and, in no event, shall Surf's Up Web Design acquire any ownership, title, interests or rights in the Subscriber Domain.

1.2.2 ICANN. Any Subscriber Domain shall be hosted and administered in accordance with terms of ICANN's then current domain name dispute resolution policy and/or the policies of the registrar of the Subscriber Domain. The inability to use a domain name shall not entitle Subscriber to a refund by Surf's Up Web Design of any fees paid with respect to the registration of such unusable domain name.

1.2.3 IP Addresses. Surf's Up Web Design may assign IP addresses to Subscriber as part of the Services. Any IP addresses or other network numbers assigned to Subscriber by Surf's Up Web Design are and shall remain the property of Surf's Up Web Design. If Subscriber terminates this Agreement and/or Surf's Up Web Design ceases to provide domain name services, Surf's Up Web Design may, in its sole discretion, reassign or reuse the IP addresses. Surf's Up Web Design has sole discretion as to the Internet routing of any Surf's Up Web Design network numbers. Upon termination, Surf's Up Web Design will not have, and Subscriber hereby releases Surf's Up Web Design from, any responsibility or liability for any actions or costs related to the reassignment or reconfiguration of Subscriber's system for any new IP addresses.

1.3 Uptime Goal. Surf's Up Web Design shall use commercially reasonable efforts to make Surf's Up Web Design's Systems and the Service available 99.5% of the time (the "Uptime Goal"). The Uptime Goal shall be measured within Surf's Up Web Design's System on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate ten (10) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond Surf's Up Web Design's reasonable control. Any failure of Surf's Up Web Design to satisfy the Uptime Goal shall not constitute a breach of this Agreement. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF SURF'S UP WEB DESIGN TO PROVIDE THE SERVICES IN ACCORDANCE WITH THE UPTIME GOAL IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 4.1.

1.4 Bandwidth and Storage Allowances. If Subscriber uses any bandwidth or storage space in excess of the Service Options, Surf's Up Web Design may, in its sole discretion, assess Subscriber with additional charges, suspend the performance of the Services, or terminate this Agreement. In the event that Surf's Up Web Design elects to take any corrective action, Subscriber shall not be entitled to a refund of any unused pre-paid fees. Subscriber's use of the Services and access to it is Subscriber's responsibility. Subscriber is responsible for any unauthorized access to the Services resulting in bandwidth and/or storage usage exceeding the limits in the Order Form and resultant charges. Should shared server customers exceed the specified limits, they will be asked to convert to a dedicated server plan.

1.5 Modifications to Services. Surf's Up Web Design reserves the right to change or modify the Services, any Service Options, the terms and conditions of this Agreement, or any policy or guideline applicable to the Services, at any time in its sole discretion. Surf's Up Web Design will send a notice to Subscriber of any such changes and will post a notice of such changes on Surf's Up Web Design's web site at http://www.surfsupwebdesign.com. Changes to this Agreement or Service Options will be effective the later of fifteen (15) days or Subscriber's next monthly billing cycle. Changes to any policy or guidelines governing the Services, including the Acceptable Use Policy, shall be effective upon posting to the Surf's Up Web Design site. If Subscriber does not agree to any change to this Agreement, the Service Options, or any governing policy or guideline, Subscriber's sole remedy is to immediately terminate this Agreement pursuant to Section 4.1 (notwithstanding any notice period). Subscriber's continued use of the Services following Surf's Up Web Design's posting of any changes to this Agreement, the Service Options, or any policy or guideline will constitute Subscriber's acceptance of such changes or modifications.

1.6 Service Option Changes. Subscriber may change Service Options under the Agreement with appropriate prior notice but will be subject to a change fee for such.

2 Subscriber Content; Acceptable Use.

2.1 Subscriber Content. Subscriber hereby grants Surf's Up Web Design a limited, non-exclusive, royalty-free, non-sublicensable license to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the Subscriber Content solely as necessary to provide the Services for Subscriber. "Subscriber Content" means all materials, code, data, text (whether or not perceptible by users), multimedia information (including, but not limited to sound, data, audio, video, graphics, photographs, or artwork), Subscriber Domain(s), e-mail, chat room content, bulletin board postings, or any other items or materials of Subscriber or any third party that are provided or permitted by Subscriber to reside on Surf's Up Web Design's Systems.

2.2 Subscriber's Sole Responsibility. Subscriber shall be solely responsible for all Subscriber Content, including, without limitation, any content or materials of a third party that Subscriber permits or enables to be posted onto or through Surf's Up Web Design's Systems. Subject to the terms of this Agreement, Subscriber shall (a) be solely responsible for the creation, posting, updating and maintenance of the Subscriber Content; and (b) manage, renew, create, delete, edit and otherwise control the editorial content of the Subscriber Content. Surf's Up Web Design will not be responsible for reviewing the Subscriber Content prior to its posting by Subscriber.

2.3 Compatibility. Subscriber is responsible for ensuring that the Subscriber Content will be "server ready" and otherwise remain fully compatible with Surf's Up Web Design's Systems (including all software and operating systems). Subscriber acknowledges that it is responsible for having the necessary knowledge and expertise to maintain the Subscriber Content on Surf's Up Web Design's Systems. Surf's Up Web Design reserves the right to remove any Subscriber Content that is not compatible with Surf's Up Web Design's Systems. Upon request from Subscriber, and at Subscriber's sole expense, Surf's Up Web Design may assist Subscriber in resolving any compatibility problems on a time and materials basis.

2.4 Acceptable Use.

2.4.1 Subscriber Obligation. Subscriber shall at all times adhere to all applicable laws, rules, and regulations and to Surf's Up Web Design's then current Acceptable Use Policy (or such other location as Surf's Up Web Design may specify). A current version of the Acceptable Use Policy can be found below, or by clicking here.

2.4.2 Surf's Up Web Design's Rights. Surf's Up Web Design may inspect the Subscriber Content or investigate any alleged violation of this Agreement, Surf's Up Web Design's policies or any third-party complaints. Surf's Up Web Design will not access or review the contents of any e-mail or other stored electronic communications except as required or permitted by applicable law or legal process. In the event that Surf's Up Web Design determines in its sole and reasonable discretion that any Subscriber Content or conduct or actions of Subscriber (including its employees and users) are objectionable, unlawful, potentially infringing or otherwise violate this Agreement, the Acceptable Use Policy, or other applicable policy, Surf's Up Web Design may take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, subscribers and/or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating the Services; (c) restricting or prohibiting access to any Subscriber Content that is objectionable or otherwise violates this Agreement or applicable policy; and/or (d) disabling or removing hypertext links, Subscriber Content or the content of any third party from Surf's Up Web Design's Systems. In the event Surf's Up Web Design takes corrective action, Surf's Up Web Design shall not refund any fees paid in advance of such corrective action. Without limiting the foregoing, it is Surf's Up Web Design's policy to terminate its services for repeated violations of Surf's Up Web Design's Acceptable Use Policy.

2.4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Surf's Up Web Design's Systems and Surf's Up Web Design's customers, or to ensure the integrity and operation of Surf's Up Web Design's business and systems, Surf's Up Web Design may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and Subscriber Content residing on Surf.s Up Web Design's Systems.

3 Fees and Payment Terms.

3.1 General. Subscriber agrees to pay to Surf's Up Web Design's then current set up and service fees in accordance with the Service Options and any and all costs and expenses incurred by Surf's Up Web Design in connection with the Services provided to Subscriber by Surf's Up Web Design under this Agreement. For billing purposes, fractions of units shall be rounded up. All fees shall be billed by Surf's Up Web Design in advance of providing the Services on a monthly basis. All charges are considered valid unless disputed in writing within thirty (30) days of the invoice date. Subscriber agrees to pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services provided to Subscriber, other than taxes based on Surf's Up Web Design's net income. Subscriber's failure to fully pay any fees and taxes within thirty (30) days after the applicable due date will be deemed a breach of this Agreement, justifying Surf's Up Web Design's suspension of its performance of the Services and, in Surf's Up Web Design's sole discretion, termination of this Agreement. Accounts in default are subject to an interest charge on the outstanding balance equal to the lesser of 1.5% per month or the maximum rate permitted by law. Any termination by Surf's Up Web Design for Subscriber's failure to pay will not relieve Subscriber from paying past due fees plus interest. In the event of collection enforcement, Subscriber shall be liable for any costs associated with such collection, including, but not limited to, reasonable attorneys. fees, court costs and collection agency fees.

3.2 Price Changes. Subscriber acknowledges that the Services are being provided on a monthly basis and Surf's Up Web Design reserves the right to change the monthly fees associated with the Service Options selected by Subscriber. In such event, Surf's Up Web Design will give Subscriber at least fifteen (15) days notice prior to Subscriber's next billing date. If Subscriber does not agree to pay the new fees, Subscriber may terminate this Agreement by providing written notice to Surf's Up Web Design within the fifteen-day notice period. If Subscriber does not elect to cancel its service, Subscriber hereby consents to pay the new fee under the same terms and conditions, including the method of payment, as the previous fee.

4 Term of Service.

4.1 Term and Cancellation Policy. The Agreement shall remain in full force and effect until terminated by either party. Either party may terminate this Agreement for any reason by providing the other party thirty (30) days prior written notice; provided that, Surf's Up Web Design may immediately terminate or suspend the Services and this Agreement upon written notice for Subscriber's or its users' violation of the Acceptable Use Policy. Upon any termination of this Agreement, Surf's Up Web Design will not refund, and Subscriber is not eligible for, any remaining portion of any monthly, quarterly or annual fee that already has been charged.

4.2 Effect of Termination. Should this Agreement be terminated for any reason, Surf's Up Web Design will not be liable to Subscriber because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with Subscriber's business, or for any other reason whatsoever flowing from such termination. Subscriber is solely responsible for procuring any new or replacement service upon termination. Any termination of this Agreement shall not relieve Subscriber of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by Subscriber to Surf's Up Web Design as provided in this Agreement. Upon termination of this Agreement, the following sections shall survive and remain in effect in accordance with their terms: Sections 4.2 and 5 through 9.

5 Reservation of Rights.

Surf's Up Web Design is the exclusive owner of and retains all right, title and interest (including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights thereto (collectively, "Proprietary Rights") to all materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Surf's Up Web Design or its suppliers pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Surf's Up Web Design to provide the Services to Subscriber. Subscriber is the exclusive owner of and retains all right, title and interest (including all Proprietary Rights) to the Subscriber Content. Note that Surf's Up Web Design does not guarantee retention of Subscriber Content beyond thirty (30) days after termination.

6 Warranties and Representations

6.1 Subscriber. Subscriber represents, warrants and covenants to Surf's Up Web Design that: (a) the Subscriber Content or its use shall not violate, misappropriate or infringe any Proprietary Rights or any other personal, privacy or moral right arising under the laws of any jurisdiction of any person or entity, nor shall same constitute a libel or defamation of any person or entity; (b) the Subscriber Content will not contain any harmful components, including, but not limited to, viruses, trap doors, hidden sequences, hot keys, or time bombs; (c) Subscriber has all right, power and authority necessary to enter into this Agreement and use the Subscriber Content as described herein; and (d) Subscriber shall comply with all applicable laws, rules and regulations (including, but not limited to, export control, decency, privacy and intellectual property laws).

6.2 Disclaimer. Surf's Up Web Design exercises no control over, and accepts no responsibility for, third-party content of the information passing through SURF'S UP WEB DESIGN'S System, network hubs and points of presence, or the Internet. SUBSCRIBER ACKNOWLEDGES THAT SURF'S UP WEB DESIGN'S SYSTEMS (INCLUDING ANY SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY SURF'S UP WEB DESIGN IN CONNECTION WITH ANY SERVICES HEREUNDER) ARE PROVIDED "AS IS." SURF'S UP WEB DESIGN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE SERVICES (INCLUDING THE DNS SERVICES THEREIN) OR SURF'S UP WEB DESIGN'S SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SURF'S UP WEB DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT THE SERVICES AND SURF'S UP WEB DESIGN'S SYSTEMS WILL BE UNINTERRUPTED, ALWAYS ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE.

7 Limitation of Liability

SURF'S UP WEB DESIGN SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF SURF'S UP WEB DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SURF'S UP WEB DESIGN HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE TOTAL LIABILITY OF SURF'S UP WEB DESIGN TO SUBSCRIBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO SURF'S UP WEB DESIGN BY SUBSCRIBER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY SURF'S UP WEB DESIGN HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.

8 Indemnification.

Subscriber will indemnify, hold harmless, and defend Surf's Up Web Design and all employees, officers, directors and agents of Surf's Up Web Design and any of its affiliates from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or relating to: (a) any violation or breach by Subscriber of any term, representation or warranty, or policy of this Agreement; (b) Subscriber's unlawful or improper use of the Services; (c) any damages caused to Surf's Up Web Design's Systems by the Subscriber Content; (d) any actual or alleged violation of any Proprietary Rights or non-proprietary rights (including, but not limited to, defamation, libel, rights of privacy or publicity) by Subscriber Content.

9 General Provisions.

9.1 Force Majeure. Surf's Up Web Design shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the service provider being used by Surf's Up Web Design to link its servers to the Internet, or any malicious or unlawful acts of any third party.

9.2 Independent Contractors. Surf's Up Web Design and its personnel, in performance of the Services, are acting as independent contractors and not as employees or agents of Subscriber.

9.3 Waiver; Amendment. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Except as expressly provided by this Agreement, no term or condition of this Agreement may be modified without the prior written consent of the parties.

9.4 No Assignment. Subscriber may not assign, without the prior written consent of Surf's Up Web Design, any rights, duties or obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be void.

9.5 Governing Law; Attorneys' Fees; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Venue for any action or proceeding under this Agreement shall be in a federal or state court of competent jurisdiction located in Centre County, Pennsylvania.

9.6 Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.

9.7 Notice. All notices and other communications required or permitted hereunder shall be in writing and delivered in person, by courier, prepaid certified or registered U.S. mail, facsimile with confirmation, or e-mail with return receipt to the parties. Notice shall be effective when received. Surf's Up Web Design shall send notice to the Subscriber in accordance with the information submitted by Subscriber during registration or as otherwise specified by Subscriber in writing. Subscriber shall provide notice to Surf's Up Web Design at the following:

Surf's Up Web Design
210 W Hamilton Ave #102
State College, PA 16801

9.8 Entire Agreement; Severability. This Agreement, the incorporated policies and the Service Options selected by Subscriber constitute the complete and exclusive statement of agreement between the parties, and supersedes and merges all prior proposals and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Acceptable Use Policy

This Acceptable Use Policy (the "Policy") describes the proper kinds of conduct and prohibited uses of the hosting and e-mail services (the "Services") provided by Surf's Up Web Design ("Surf's Up Web Design"). This Policy is not exhaustive and Surf's Up Web Design reserves the right to modify it at any time, effective upon posting of the modified version to http://www.surfsupwebdesign.com/hosting/terms-of-service.phtml or such other location designated by Surf's Up Web Design. By using Surf's Up Web Design's Services, you agree to abide by the then current version of this Policy.

ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF THE SERVICES AND SUCH ACTION AS SURF'S UP WEB DESIGN DEEMS APPROPRIATE AS FURTHER DESCRIBED IN THE HOSTING AGREEMENT. ANY REPEATED VIOLATION OF THIS POLICY WILL RESULT IN THE TERMINATION OF THE HOSTING AGREEMENT. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY YOU.

General

Surf's Up Web Design's Services enable you to host and serve your Web site and all related content, including, but not limited to, programs, program scripts, e-mail, text, bulletin board postings, hypertext links, meta tags, domain names, pictures, graphics, forums, interactive media, and audio/visual materials that you or a third party (collectively, "Subscriber Content") posts on your Web site or other equipment, servers, software and network of Surf's Up Web Design (collectively, "Surf's Up Web Design's Systems"). Generally, Surf's Up Web Design does not actively monitor, censor, or directly control any information that is stored on or transmitted over Surf's Up Web Design's Systems. Surf's Up Web Design cannot and does not warrant, verify or guarantee the quality, accuracy, safety or integrity of your Subscriber Content or other materials or information that you or a third party may post or access through the Services. You are solely responsible for all of the Subscriber Content and your and your users' use of Surf's Up Web Design's Services and your Web site.

No Illegal or Harmful Uses

Surf's Up Web Design's Services and Systems may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited. Surf's Up Web Design reserves the right to restrict or prohibit any and all uses or content that it determines in its sole discretion is harmful to its systems, network, reputation, good will, other Surf's Up Web Design customers, or any third party.

• Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorization. Infringement may result from the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
• Illegal Materials. Disseminating or hosting material that is, without limitation, unlawful, libelous, defamatory, obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable.
• Harmful Content. Disseminating or hosting harmful content or software including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, including pornography or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
• Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, and pyramid schemes); fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice.
• Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Regulations maintained by the Department of Commerce.
• Privacy. Collecting, using and disclosing any personally identifiable user information in violation of any applicable law and/or stated privacy policy.

Maintenance of Security and Integrity

Violations of system or network security are prohibited, and may result in criminal and civil liability. Surf's Up Web Design will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Hacking. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Interception. Unauthorized monitoring of data or traffic on any network or system of Surf.s Up Web Design or any third party.
• Intentional Interference. Interference with service to any user, host or network including, but not limited to, denial of service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
• Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
• Avoiding System Restrictions. Using manual or electronic means to modify usage details for billing reasons or to avoid any use limitations placed on the Services such as access and storage restrictions.

No Adult Sites or Pornography

Pornography and sex-related merchandising are expressly prohibited on Surf's Up Web Design's servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else.

No E-Mail Abuses

You may not distribute, publish, send or incite unsolicited mass e-mailings, promotions, advertising, or solicitations (such as "spam"), including, without limitation, commercial advertising, informational announcements, and mail bombing. You may not use Surf's Up Web Design's mail server or a third party mail server to relay mail without the express permission of the account holder or the third party site. Posting the same or similar message to one or more newsgroups (including, but not limited to, the use of chain letters, excessive cross-postings or multiple-postings) is explicitly prohibited.

No Service Bureaus

You may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Service to any other person without the express prior written consent of Surf's Up Web Design.

Enforcement by Surf's Up Web Design

Surf's Up Web Design reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of Surf's Up Web Design's Systems. As described in the Hosting Agreement, Surf's Up Web Design reserves the right and has absolute discretion to (a) enforce this Policy and the terms of the Hosting Agreement and (b) remove or disable access, screen or edit any Subscriber Content that violates these provisions or is otherwise objectionable. Without limitation, Surf's Up Web Design also reserves the right to report any activity (including the disclosure of appropriate subscriber information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Surf's Up Web Design also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct by providing network and systems information related to allegedly illegal, harmful or objectionable content.

If you want to report any violations of this Policy, please contact abuse@surfsupwebdesign.com

Last updated: December 30, 2009