By using our services, either through purchasing any
of our products/services and/or viewing our website,
you agree to be bound by this Acceptable Usage Policy.
If you do not agree to the terms stated herein, we do
not authorize you to use any of our services.
Basic Principles and Guidelines
High Country Hosting(and all of its agents) are primary
providers of high speed website hosting and other
services for Internet websites. We respect our customers'
rights to disseminate information through their collective
websites, however we reserve the right to take any
precautionary or preventative measures when certain
events occur which we deem as violations of these
These terms shall serve as a basic guideline to our
clients' rights and responsibilities, as well as explain
our position(s) on certain issues regarding the use
of our services. This AUP may be updated from time
to time without any prior notification to clients.
The AUP will, however, always be posted on our website
(www.highcountryhosting.com). Any use of our services
and/or website by the client constitutes full acceptance
of the AUP and any other policies posted on our site.
Additionally, by using our services and/or website,
client affirms that he/she is of legal age to enter
into this type of binding agreement. We cannot and
do not warrant, guarantee, verify, and/or vouch for
any information obtained through clients' use of the
Internet. Client must be aware that some material
contained within our websites as well as our affiliates'
websites may contain adult material. We do not accept
any responsibility for any damage caused to client
that results from any Internet communication. We do
not monitor, supervise, review, edit and/or otherwise
take responsibility for any of clients' actions.
We reserve the right to cancel immediately
any client who takes part in any activity such as,
but not limited to, the following:
Terrorist Activities - Any site which promotes the
activities of such organizations as Al Qaeda are strictly
forbidden access from/to our network. This includes
any website which promotes violence/hatred towards
ANY NATION/PEOPLE. Any organization which is currently
listed on the US State Department's Terror List is
banned as well. This shall include any site which
links to any site such as this. Furthermore, WE WILL
REPORT ANY REQUEST FOR SITES SUCH AS THIS TO THE FBI!
Spamming - Sending unsolicited email (bulk or otherwise)
is strictly prohibited. Additionally, maintaining
an open SMTP relay is also prohibited. If a complaint
is received, we reserve the right to take any action
up to and including account termination.
Intellectual Property - Infringement of any copyright,
trademark, and or service mark is strictly prohibited.
This includes any activity which in any way falsely
represents a website as someone elses. Any complaint
received will be investigated and we reserve the right
to take any necessary action to end the infringement.
Warez Sites - We do not host warez sites or any site
which links to warez sites.
Illegal Material - Any material which is considered
to be illegal in the United States is strictly forbidden.
This includes child pornography, "lolita"
sites, bestiality, rape, warez, and any other material
which is deemed illegal. All infractions and/or suspected
infractions will be reported to the proper authorities,
and will result in account termination.
Abusive/Obscene Material - Using our network in any
way to transmit obscene, abusive, harrassing, or threatening
messages or language is prohibited.
Unauthorized Access - Any attempt or actual penetration
of any computer, network, and/or system belonging
to us or our affiliates, as well as any other person,
individual, company or other entity is forbidden.
This includes any precursor to any such penetration
such as port scans and/or stealth scans.
Distribution of Viruses/Worms/Trojans - Distribution
of or causing any virus, mole, worm, trojan horse,
mail bombing, denial of service or any other type
of attack to be distributed is strictly forbidden
and will be reported to authorities immediately. Additionally,
any activity which interferes in any way with users'
ability to access/use our network, or any other network,
is also forbidden.
Incitement of AUP Violation - Any activity which
causes or is designed to cause any violation of this
AUP is forbidden.
Encryption Control - As consistent with US law, you
may not distribute or cause to be distributed any
encryption software outside the United States.
Various Illegal Activities - Any activity deemed
illegal in the US is prohibited. This includes making
available or causing the distribution of any ponzi
scheme, pyramid scheme, fraudulant credit card processing,
pirated software or any other illegal material/activity.
Various Terms and Arrangements
Compliance with 18 U.S.C. Section 2257 - Client is
responsible for full compliance with 18 U.S.C Section
2257 regarding the records for all websites on our
network. Client is also responsible for complying
with all other US laws and/or restrictions.
Harmful Activities - Any activity which is harmful
to us or any of our other clients, affiliates, partners
and/or agents is also strictly forbidden.
Monitoring - We will not and do not monitor our clients
for compliance with this AUP. However, if we become
aware of any violation of the AUP or any US laws,
we will take appropriate action up to and including
account termination and/or possible legal action.
Security - We do not take any responsibility for,
nor do we guarantee the security of any Internet activity,
including email transmissions.
Dissemination of Client Information - We will not
disclose any client information to any 3rd party unless
a court order requires us to do so. However, we reserve
the right to disseminate any information if dissemination
will protect or preserve our network.
Legal Responsibilites - If any legal action brought
against us which is the result of a Clients' action(s),
Client will be responsible for full payment of any
damages awarded to the other party as well as reasonable
Understanding - If you do not fully agree with the
AUP and/or are not of legal age to enter into such
an agreement, you are not authorized to view our website
and furthermore are not authorized to use any of our
Your use of the High Country Hosting. Web site (the
"Site"), and all information, products and
services on the Site(collectively, the "Services")
are subject to the binding legal terms set forth below
("Terms"). We may update these Terms from
time to time without giving you any notice. Unless
given specific notice otherwise, any new features
or updated Services that we put on the Site will be
subject to these Terms. BY USING THE SERVICES, YOU
AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU
DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH
BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES
FOR ANY PURPOSE.
The Services are protected by U.S. and international
copyright, patent, trademarks laws and other intellectual
You may make a single copy of the individual screens
you see when you use the Services, but only for your
personal use. You cannot distribute or transfer the
copies to others in exchange for money or other consideration.
You may not-and agree not to-modify, reformat, copy,
display, distribute, transmit, publish, license, create
derivative works from, transfer or sell any information,
products or services obtained from the Services, except
as set forth below. This means that you may not mirror
the home page or results pages of the Site or any
High Country Hosting. Site on your own Web site or
Except for allowing you to use the Site and the High
Country Hosting Sites as set forth in the paragraph
above, when you use the Site or the High Country Hosting
Sites, you are not receiving a license or any other
rights from us, including intellectual property or
other proprietary rights of High Country Hosting.
or other companies with which we are affiliated. YOU
UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES
OR ANY OTHER High Country Hosting PROPERTY EXCEPT
AS WE INDICATE IN THESE TERMS.
You must fully agree to be bound to these terms and
You must not attempt to interrupt, disturb, cancel,
temporarily disable, or otherwise cause another user
difficulty in using our service.
You will not impersonate any other person or misrepresent
a relationship with any person or entity, including
misrepresenting a relationship with High Country Hosting;
similarly, you will not adopt a false identity if
the purpose of doing so is to deceive or defraud another.
Disclaimer of Warranty
High Country Hosting is not responsible in any way
for any data loss or other damage of your computer
system as a result of using our service. You understand
that any site, including this one, are provided on
an "as-is" basis, and are subject to change
without notice to you. You understand that High Country
Hosting makes no guarantee that services will be uninterrupted,
timely, secure, and/or error free. You understand
that results obtained from your use of our service
is not guaranteed to meet your expectations.
To the maximum extent allowed by law, High Country
Hosting. disclaims all warranties, representations
and conditions of any kind (express, implied, statutory
or otherwise including but not limited to the warranties
of merchantability, durability and fitness for a specific
purpose, quality, satisfactory quality, title and
non-infringement of proprietary rights) including
without limitation, in reference to the services and
all information, products and other content (including
that of third parties) included in or accessible from
the High Country Hosting Site. High Country Hosting
expressly disclaims any endorsement, recommendation,
guarantee, representation, warranty or condition (whether
express, implied, statutory or otherwise) in respect
to or responsibility for any action or inaction of
any party including without limitation advertisers,
partners, participating merchants or suppliers or
any products or services supplied by such parties.
Limitation of Liability
To the maximum extent allowed by law, in no event
will High Country Hosting. (including its parent and/or
subsidiaries), or any of the companies affiliated
with High Country Hosting. be liable to you (or any
third party making claims through you) for any loss
or damages whatsoever, including but not limited to
any direct, indirect, special, consequential, punitive
or incidental damages, or damages for loss of use,
profits, data, or other intangibles, or the cost of
procurement of alternative goods or services, unauthorized
access to and tampering with your personal information
or transmissions, arising out of or relating to the
use, inability to use, unauthorized use, performance
or non-performance of the site, the services, any
computer related damages due to downloading materials,
typographical errors and/or omissions. Some states
do not allow the limitation or exclusion of liability
for incidental or consequential damages; therefore
the above limitation may not apply to you. The limitation
of liability and disclaimers herein shall apply regardless
of the form of action, whether in contract, warranty,
strict liability, negligence, or other tort and shall
survive a fundamental breach or breaches of contract
or the failure of the essential purpose of this agreement
or of an exclusive remedy. In no event shall High
Country Hosting's liability, either jointly or severally,
We reserve the right to change these Terms at any
time, without notice, and your continued use of the
Services after any change we make will mean that you
agreed with the changes. IN THE EVENT THAT YOU DO
NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE
THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
This contract shall be governed by and construed in
accordance with the laws of the State of Florida without
regard to conflict of laws principles. These Terms
as amended from time to time, set forth the entire
understanding between you and High Country Hosting
and supersede any and all prior or contemporaneous
agreements or understandings between you and High
Country Hosting, whether oral or written, as to the
subject matter of these Terms. If any provision of
these Terms or the application thereof to any person
or circumstances shall to any extent be held to be
invalid or unenforceable, the remainder of these Terms,
or the application of such provisions to persons or
circumstances as to which it is not held to be invalid
or unenforceable, shall not be affected thereby, and
each provision shall be valid and be enforced to the
fullest extent permitted by law. Although you acknowledge
that we will have the ability to enforce our rights
in any court of competent jurisdiction, you hereby
consent to the exclusive jurisdiction and venue of
courts in Brevard County, Florida, U.S.A., regarding
any and all disputes relating to these Terms, your
use of the Site or any High Country Hosting Site,
the Services. No waiver of these Terms will be valid,
except in the event that the waiver is in writing
and signed by an officer of High Country Hosting.
If the performance by High Country Hosting of the
Terms or any obligation thereunder is prevented, restricted
or interfered with by any act or condition whatsoever
beyond the reasonable control of High Country Hosting,
you shall excuse, without further action or notice,
High Country Hosting's performance to the extent of
such prevention, restriction or interference.