Acceptable Usage Policy
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 terms.
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 attorney's/legal fees.

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 services.

General Terms
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.

Legal
The Services are protected by U.S. and international copyright, patent, trademarks laws and other intellectual property laws.
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 Web page.

License
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.

User Requirements
You must fully agree to be bound to these terms and conditions.
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, exceed $50.

Termination
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.

Governing Body
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.

HighCountryHosting.Com 2005 Privacy Policy Terms Of Use