Terms Of Service

This document is an Agreement between Upstream Gaming and all persons using Upstream Gaming's Web Hosting Services and/or Domain Name Registration Services.

Use of any Upstream Gaming's services constitutes your acceptance of these terms.

Upstream Gaming may from time to time modify this Agreement and will keep this page current.

Copyright Notice

Contents Copyrighted © 2004-2009 Upstream Gaming

Upstream Gaming (Formerly The Upstream Hosting Solutions) is an independent sole proprietorship. All domains including UpstreamGaming.com, UpstreamGaming.net and UpstreamGaming.info are all licensed to Upstream Gaming and owned and operated by the executive owner of Upstream Gaming. Please email for more ownership information.

All content within our Website(s) is owned by Upstream Gaming or is used by license or an agreement between us and the owner. Nothing herein may be copied or reproduced in whole.

All logos and trademarks used on our Website(s) are property of their respective owners. Any reader comments or replies remain the property of their posters. Other text content (tutorials, instructions, and informative articles) may be separately copyrighted by their authors and/or previous publishers and are used herein by arrangement, license, or permission.

Images and graphic elements including fonts are copyrighted and used herein by arrangement, license, or permission.

The design or layout of our Website(s), in either HTML or PHP code, is copyrighted by Upstream Gaming and permission is hereby denied to anyone to borrow, copy, adapt, and use our layout and design code.

Some JavaScript code and some PHP code is the property of a posted author and should be treated as a separate body of work with unique proprietary rights.

Acceptable Use Policies:

1. Bulk Email:

Upstream Gaming has Zero Tolerance for Spam.

Spam is Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE). "Unsolicited" means the email recipient did not request the email, but instead the sender initially contacted the receiver. "Unsolicited" means the email sender made the first move. Email, even bulk email, is not spam if the sender can demonstrate a prior relationship with the recipient, for example: if the receiver requested information, is a current or previous client, or joined an 'opt-in' mailing list or newsletter.

Websites on Upstream Gaming's servers may not broadcast unsolicited email, advertisements, site promotions, pleas for financial assistance, chain letters, or any other sort of announcement for yourself or for someone else. Nor may anyone fabricate or forge email headers that implicate Upstream Gaming in any email campaign.

2. Illegal Trafficking:

Websites on Upstream Gaming's Servers may not use our service in the commission of any crime. Any scheme or activity that violates state, local, federal or international law is forbidden and Upstream Gaming reserves the right to terminate an account found to be in violation of a law, statute, or regulation.

Please note that Spam is now an illegal enterprise in several states.

Software piracy, illegal mp3s, illegal movies, illegal pornography, hacking, cracking, and phishing are all illegal activities. MP3 and movie streaming is allowed in the event that you are the copyright owner of that particular media or have explicit permission to broadcast that media. Websites that promote or support those activities, as well as Websites that engage in the upload, download, or distribution of harmful or exploitative software are not welcome. Website Accounts that attempt to run a robotic crawler, spider, or 'bot' that harvests email addresses, collects private information, or usurps copyrighted material will be terminated. ABSOLUTELY NO IRC SERVERS ARE ALLOWED ON OUR NETWORK!

3. E-commerce:

Upstream Gaming applauds E-commerce and free trade. We welcome entrepreneurs and small business, but your trade must be conducted legally.

If you choose to sell and/or distribute a product from our Web server, you must have any and all required local, state, and federal licenses and permits in place before you engage in business. You must observe all import/export laws, tariffs, and duties covering the sale and distribution of your chosen product(s). Note: While the United States and Great Britain impose no duties on exports, they do ban the exportation of advanced or innovative technology.

Most countries around the world regulate the exportation of their antiquities and items of historical importance or cultural significance. Likewise, most of the world's sovereign nations ban or limit importation of certain restricted items. This may include items considered innocent in a Western democracy, like music, manuscripts, or even T-shirts and jeans. Within the United States certain items are regulated across state boundaries. It is crucial that you educate yourself and be aware of all the laws which govern your particular trade.

4. Adult Content:

You may publish adult-only content as long as it is legal in the United States. Bear in mind that 'legal' varies from jurisdiction to jurisdiction across our country. Visually depicting the sexual exploitation of children (under 18) is illegal everywhere.

In accordance with law, adult-only Websites should take reasonable measures to ensure under-age persons cannot access the content. We also recommend placing an ICRA meta tag indicating age restricted content on each page that contains anything risque, lewd, or bawdy. Also providing a "splash" page, beginning page, of your website to make sure the person(s) is of legal age to engage in such activities is highly recommended.

5. Violation of Good Taste

Blatant expressions of bigotry and hatred, and material that defames, abuses, harasses, or threatens any person or group may be illegal. If not illegal, it is still repugnant and socially unacceptable. Upstream Gaming reserves the right to be the final judge as to what is or is not acceptable content on our Servers. Free speech rights are highly encouraged on the internet but please bear in mind that there are minors on the Internet and please be a final judge to what is acceptable.

6. Violation of Copyright Laws

You may neither upload nor offer for download any material that violates or infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of any individual or organization. This includes, but is not limited to, audio and video files, images, graphics, fonts, computer code, and text. You may acquire or distribute such materials if you first obtain the permission from the copyright or trademark owner. Be prepared to produce proof if asked for it.

7. System Abuse

Any misuse of Upstream Gaming's Servers that disrupts the normal system activity is strictly prohibited. You will be hosted in a shared environment which means other users have needs also. System abuse will lead to suspension and/or termination of your account. Examples of system abuse include but are not limited to process spawning and runaway processes that consume more than your fair share of system resources. Programs that hog RAM or require excessive disk swaps, or greedy code that steals CPU cycles, would be called bad programming and system misuse. Any account (or domain thereof) found to be inactive by us will be subject to immediate deletion. If any domain is found on our system that is inactive, not registered, pointed to another web hosting service, etc. will be immediately queued for deletion by our system. It is out policy to take proper backups of these accounts should they be deleted, we will hold them securely for a minimum of six months from the day of deletion. If you are the owner of the account, you may request to retrieve your backup from us, just contact our support department. We have zero tolerance for inactive domains, deleted domains, bogus domains, domains pointed somewhere else and as such we will remove these accounts to keep our systems clean from bogus material and resources. Dedicated servers are completely different there are no system restrictions, as it is your own system to maintain.

8. Command Line Access

We do not allow shell access on on shared or reseller hosting accounts nor will we sale it to any shared or reseller client. Attempts to penetrate server security will result in the termination of your account without notice. Dedicated server owners get full root "administrative" shell access to their server.

9. Binary Files

Your account may not be used solely as a storage or backup facility. All binary files in your directory must be linked from publicly accessible HTML pages also found in your directory. We prevent the theft of your bandwidth and the misuse of your Website for download-only storage by limiting the linking ability from other servers to HTML files only. If you're backing up your PC, you may use your space for a short period of time for file storage. This does not include storing music, videos, images, etc.

10. Culpable Parties

Just as there is one responsible party for a Domain Name Account, a Website Account has but one responsible party. You alone, our Customer and Subscriber, are responsible for the contents of your Website. Although a Web space may reflect content and collateral contributions from other persons, each Subscriber is ultimately bound by the Terms of this Agreement. You will be responsible for adherence to this Agreement, except where prohibited by law.

We reserve the right to terminate or suspend any account without warning or notice if any restriction in this Agreement is violated. If any law is violated, repercussions both civil and criminal will be born solely by you as the account holder and Webmaster of your domain.

11. False Identity

Impersonating another user or in any way falsifying one's online identity in e-mail or other Internet Service(s) is illegal. Your Website impersonating another Website in order to dupe visitors and/or gather private information is also illegal, otherwise known as phishing. Falsifying internet headers with malicious intent is illegal.

12. Service Interruptions

Upstream Gaming may periodically interrupt hosting service briefly for routine or necessary maintenance. Otherwise we are committed to providing uninterrupted Internet service. But we will continue to keep our uptime guarantee at 99.5%

Upstream Gaming may intentionally interrupt your hosting service by suspending or canceling it if your Subscription payments fall behind by seven (6) or more days. Contact us and we will work with you to (a) restore service, (b) rescue data left in our system, or (c) otherwise resolve your accounting problem.

13. Limitation of Liability

Upstream Gaming and its third party suppliers make no representations concerning the suitability, reliability, or accuracy of the Content or the Service provided for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the Service provided, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, loss or delay of use, lost profits, loss of data, or any other damage in contract, tort, equity, or any other legal theory, even if advised of the possibility thereof.

Upstream Gaming provides opportunities to users of our Web Service to use or buy services from third parties. Sites of those third parties may be subject to terms and conditions different from those found here. Upstream Gaming makes no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Upstream Gaming.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE. Refunds are only available after 10 days of account setup for shared accounts, resellers are subject to a refund only within 10 days of account setup and must have no more than 5 accounts on their service, and dedicated servers are not refundable whats-so-ever. Game servers are generally non-refundable, as we allow clients to request a test server before their purchase. All other add-ons for dedicated servers including IPs, Control Panel Software, and additional Hardware are all non-refundable.

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Reporting Violations

If you believe there is a violation of these Terms of Service, Upstream Gaming requests that you direct a complaint to our Abuse Department at or to any other email address owned by Upstream Gaming.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

Forwarding an email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Upstream Gaming may take any one or more of the following actions in response to complaints:

• issue warnings: written or verbal
• suspend the Subscriber's email privileges
• suspend the Subscriber's account
• terminate the Subscriber's account
• bill the Subscriber for administrative costs and/or reactivation charges
• bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

This Terms of Service was last revised on June 27th, 2009