Unless otherwise specified, in this TOS, the AUP, and the NSP, the usage of “us”, “we”, “our”, and “ours” shall refer to Universal Website Services, and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Universal Website Services, Inc.

Moreover, in this TOS, the AUP, and the NSP, “Universal Website Services” shall refer to Universal Website Services, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “Universal Website Services” and “Universal Website Services.” shall have the same meaning and shall be interchangeable.

Customer agrees that it shall comply with this TOS, Universal Website Services’s Acceptable Use Policy (AUP), and Universal Website Services’s No-Spam Policy (NSP). In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, and the NSP, collectively.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the Universal Website Services Web site. You can find the “Cancellation Request Form” at the following Web page:

http://www.universalwebsiteservices.com/cancel.html

Once a Customer has cancelled their account, no more charges will be billed to the account.

Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Universal Website Services does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO UNIVERSAL WEBSITE SERVICES ARE NONREFUNDABLE.

All payments to Universal Website Services are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Universal Website Services’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

Without waiving any of its other rights under this Agreement, Universal Website Services offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the "30-Day Guarantee"). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Universal Website Services, within thirty (30) days of the beginning of your service, Universal Website Services will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:

• Setup fees,
• Fees for domain name registrations,
• Fees charged for exceeding your allotted disk storage space or bandwidth,
• SSL certificate fees,
• Web design fees,
• Web site marketing fees, and
• Any other fees for services involving a third party.

The 30-Day Guarantee is subject to all of the following limitations:

• You are entitled to a maximum of one (1) 30-Day Guarantee.

• If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Universal Website Services.

• You may not transfer or assign the 30-Day Guarantee to any third party.

• You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:

• Creating multiple accounts, using the same customer name or different customer names;
  
• Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
  
• Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
  
• Knowingly providing false or misleading information when you register for your account; or
  
• Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.

• If you violate any provision of any of the following policies of Universal Website Services, you will not be eligible for the 30-Day Guarantee:

• Terms of Service (TOS);
  
• Acceptable Use Policy (AUP); or
  
• No-Spam Policy (NSP).
  

Unless otherwise specified in this Agreement, notices to Universal Website Services shall be sent to the following address:

Universal Website Services
Attention: Legal Notices
3333 Vincent Road, Suite# 150
Pleasant Hill, CA 94523

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Universal Website Services (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of Universal Website Services’s Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Universal Website Services. Universal Website Services reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at

http://www.universalwebsiteservices.com/tos.html

In order to maintain an informative and valuable service that meets the needs of the users of this site and Universal Website Services Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Universal Website Services reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to

http://www.universalwebsiteservices.com/tos.html

or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Universal Website Services. Universal Website Services investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Universal Website Services account or attempt to gain unauthorized access to another network or server.

Examples of system or network security violations include, without limitation, the following:

Universal Website Services will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Universal Website Services network, and shall be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.

In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:

If you choose to use an “opt-in” e-mail list, please be aware that Universal Website Services will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

Furthermore, Universal Website Services reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

Universal Website Services will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Universal Website Services’s services whether or not the message actually originated from our network.

Violation of this NO-SPAM policy will result in Universal Website Services taking one or more of the following actions:

A warning via e-mail or telephone,

Removal of DNS for the advertised/originating site, or

Temporarily blocking outgoing mail from your site.

Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

Universal Website Services reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Universal Website Services Network.

PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.

Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at:

http://www.bis.doc.gov/encryption/

Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law. By ordering or using Universal Website Services’s services, you explicitly consent to this provision regarding privacy.

WHILE UNIVERSAL WEBSITE SERVICES WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE UNIVERSAL WEBSITE SERVICES PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE.