Website Services Agreement

Website Services Agreement

Last updated: April 15, 2026

Carefully read the following terms and conditions of this agreement. By accessing and using the web services of Ultra Services, LLC (“Ultra Services,” “we,” “us,” or “our”), you (“Customer,” “you,” or “your”) indicate acceptance of the following terms and conditions and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE ULTRA SERVICES WEBSITE SERVICES.

This agreement constitutes the complete and exclusive statement of the agreement between you and Ultra Services with respect to the Ultra Web Hosting Services.

Now, therefore, in consideration of the mutual covenants set forth herein, Ultra Services and Customer agree as follows:

1. Order Acceptance and Payment.

A. All orders are subject to acceptance by Ultra Services. An order will be deemed accepted by Ultra Services when Ultra Services sends confirmation of the order to Customer via a Welcome Email.

B. Ultra Services shall charge Customer’s credit card or accepted payment method for the applicable fees, monthly fees, or annual fees, according to the Package(s) as selected by Customer and provided by Ultra Services. Ultra Services reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon thirty (30) days prior notice to Customer. Customer must provide Ultra Services with a valid payment method to which Ultra Services will automatically charge all fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due every month on the day on which such charges are incurred. Except as provided in Section 3, the set-up fees are non-refundable for services such as Domains and Traffic, and Ultra Services does not issue pro rata refunds for fees paid in advance. If payment is denied, returned for any reason including chargeback, or Customer otherwise fails to make any payments owing to Ultra Services, Ultra Services may, at its discretion, suspend or terminate access to the Ultra Services Website Services and/or terminate this Agreement. Customer’s right to use the Ultra Services Website Services is subject to any limits established by Ultra Services or by the issuer of Customer’s payment method. A fifteen (15) day grace period may be given to correct unpaid balances.

2. Ultra Services Website Services.

A. During the term of this Agreement, Ultra Services shall provide hosting and related services to Customer according to the Package(s) accepted by Customer (the “Ultra Services Website Services”). “Package” means one of Ultra Services’ business and/or electronic commerce service offerings, as described on the Ultra Services website at https://www.ultrawebhosting.com. The specific Package to be provided to Customer shall be established by correspondence between Ultra Services and Customer. Such Package shall be deemed incorporated by reference into this Agreement, as if fully set forth herein.

B. At Customer’s request, Ultra Services will acquire an Internet domain name (“Domain Name”) from a contracted registrar on behalf of Customer. Customer’s request for and/or acceptance of a Domain Name obtained by Ultra Services shall in all cases constitute Customer’s waiver of any and all claims which Customer may have, or which may later arise, against Ultra Services or its third-party providers, for any and all damages, losses, claims, or expenses arising out of or related to the acquisition, registration, and/or use of the Domain Name. Any cost incurred by Ultra Services to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer. Domain name renewals are processed automatically thirty (30) days before the order anniversary to prevent expiration and downtime unless Customer cancels the renewal at least thirty-one (31) days before the expiration date. Domain registration renewals and new orders will not be processed until the client account balance is in positive standing.

C. Exceeding Web Site Traffic Limitations: If a site exceeds its maximum monthly allotment of traffic, the site may become unavailable until the beginning of the next calendar month unless Customer chooses to upgrade their hosting package. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site’s contents. Ultra Services will not be held responsible for any material loss or loss of income as a result of site unavailability.

3. Limited 45-Day Money-Back Guarantee and Refunds.

Ultra Services offers a forty-five (45) day money-back guarantee on each Shared Hosting Package, excluding Dedicated Servers, VPS Plans, Reseller Plans, Domain Registration, SSL Certificates, consultation, and other ancillary services. If Customer is not completely satisfied with the Ultra Services Website Services provided under such Hosting Package within the first forty-five (45) days of a new account, Customer may cancel this Agreement by notifying Ultra Services via the contact page form or to the address listed in Section 7C. In such case, Customer will receive a refund of the amount paid, upon verification and pursuant to this Agreement, except for any set-up fees if applicable, which are non-refundable. After the initial forty-five (45) day period, the Ultra Services Website Service shall be deemed accepted for all purposes, provided no written claim has been received by Ultra Services within such forty-five (45) day period. Hosting accounts that are suspended or terminated due to abuse, excessive server load, illegal activity, or breach of this Agreement in any way are non-refundable.

4. Acceptable Use Policy (Rules and Regulations).

From time to time Ultra Services may impose reasonable rules and regulations regarding the use of the Ultra Services Website Services. The following constitute Ultra Services’ acceptable use policies. Customer agrees not to use the Services for any of the following prohibited activities:

A. Illegal Use. Using the Services to transmit or store any material that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder.

B. Fraudulent Activity. Using the Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam. This also includes phishing websites and back-end scripts such as malware and viruses.

C. Unauthorized Access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Ultra Services, whether or not the intrusion results in the corruption or loss of data.

D. Copyright or Trademark Infringement. Using the Services to transmit or store any material (by email, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including but not limited to the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal or storage of copyrighted software. This also includes warez, cracking, and hacking websites which promote illegal activities and copyright violation. See also Section 15 (DMCA Policy).

E. Adult-Oriented Websites. We do not host adult websites or websites of a sexual orientation.

F. SPAM. Transmitting mass email to an untargeted audience and/or recipients who have not opted to receive such email. We have a zero tolerance SPAM policy. Any account that is utilized to send SPAM will be terminated without notice. Any account terminated for SPAM is subject to a $300 administration fee, which will be charged directly to the payment method on file. In addition, any losses incurred by Ultra Services because of said action will be the direct responsibility of the account holder. All email sending must comply with the CAN-SPAM Act of 2003 and any applicable state or international anti-spam legislation.

G. Excessive Loading of Server. If a website (account) is deemed to occupy an excessive amount of load on the server’s processor/RAM which interrupts services or other client functionality, the account holder will receive a warning to reduce the load or upgrade to a dedicated server plan. User account load on a shared hosting account of 25% or more of system resources for longer than 90 seconds is deemed excessive. This includes CGI scripts, FTP, PHP, HTTP, mail, etc. If load is not reduced or the account upgraded, the account may be terminated. If the load is affecting server performance dramatically, an immediate suspension may be performed. Accounts suspended due to excessive processor loads may be subject to a $100 administration fee charged directly to the payment method on file. Accounts that are not in positive billing standing may remain suspended until payment is received and do not receive a 15-day grace period benefit.

H. Bulk Emailing. Bulk mailing to an opted-in list under the account holder’s control is allowed with an account limit of 150 emails per hour per domain. Bulk safe-list sending and receiving are not permitted under our services due to excessive strains on servers. Accounts that are found to be bulk emailing and causing excessive server load fall under Section 4.G.

I. Bots/Services/Daemons. The use of bots, unauthorized services, or daemons of any kind is not permitted on shared hosting servers. IRC usage is also not permitted on shared servers.

J. Gaming Services. Gaming scripts, including Teamspeak, bots, stat processors, and map downloads are prohibited on shared hosting accounts.

K. Reseller Rights. Shared accounts may not resell web hosting or host websites for other individuals. A reseller account is required to resell hosting.

L. Proxies. The use of an account to create a proxy or relay is prohibited.

M. Archiving. The use of an account for file storage, backup, file mirroring, or archiving is strictly prohibited on shared hosting servers.

N. Cryptocurrency/Banking/Conversion. Websites used for cryptocurrency mining, monetary exchange such as banking, or currency conversion websites are strictly prohibited on all of our services.

O. Threatening/Harassing Content. Defamatory, slanderous, trade libelous, threatening, or harassing websites are prohibited on all of our services.

P. Viruses/Programming Defects. Accounts which contain viruses or other computer programming defects which result in damage to Ultra Services or any third party are prohibited.

Q. Torrent Sites. Torrent sites and file-sharing distribution sites are prohibited.

R. Hacking Sites. Hacking-related sites are strictly prohibited on all of our services.

S. Paid-to-Surf Scripts. GPT, paid-to-surf, and PTC scripts are not allowed on any shared hosting plans due to their very high processor load requirements. A dedicated server plan is required.

T. Inode Limit. Shared hosting plans are limited to 150,000 inodes. If this number is exceeded, an upgrade to a higher-tier plan will be required. Every file including web pages, images, email, web stats, etc. counts as one inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage will need to be upgraded to a better suited hosting plan.

U. Backup Service. Accounts that are over 5 GB in disk space may lose our free automatic backup service. It is the responsibility of the Customer to maintain local backups of data exceeding 5 GB. Ultra Services provides backups as a courtesy only, and Customer acknowledges that backups may not always be available or complete. Ultra Services shall not be liable for any loss of data.

5. Service Level Agreement (SLA).

A. Ultra Services guarantees 99.9% network uptime on shared, reseller, and VPS hosting plans, measured on a monthly basis. Uptime is calculated by dividing the total minutes in a calendar month minus downtime minutes by the total minutes in that calendar month.

B. “Downtime” means a period when the server hosting Customer’s account is inaccessible from the public internet due to a failure within Ultra Services’ infrastructure. Downtime does not include: (i) scheduled maintenance windows, for which Ultra Services will provide reasonable advance notice when possible; (ii) downtime caused by Customer’s applications, scripts, or configurations; (iii) DNS propagation delays; (iv) events of Force Majeure as described in Section 14; or (v) suspension or termination of Customer’s account under this Agreement.

C. If Ultra Services fails to meet the 99.9% uptime guarantee in any calendar month, Customer may request a service credit equal to 5% of the monthly hosting fee for each full hour of downtime exceeding the guarantee, up to a maximum of 100% of that month’s hosting fee. Credit requests must be submitted within thirty (30) days of the downtime event. Service credits are the sole and exclusive remedy for downtime.

6. License Grant.

During the term of this Agreement, Ultra Services grants to Customer a non-exclusive, personal, non-transferable license to access and use the Ultra Services Website Services solely on and as part of Ultra Services’ servers and infrastructure. Ultra Services may modify the Ultra Services Website Services at any time for any reason and may provide modified versions of the Ultra Services Website Services to Customer.

7. Intellectual Property Rights.

Customer acknowledges and agrees that the Ultra Services Website Services constitute confidential and proprietary information of Ultra Services and its licensors and embody trade secrets and intellectual property of Ultra Services and its licensors, protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of the Ultra Services Website Services, including without limitation associated intellectual property rights, are and shall remain with Ultra Services and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the Ultra Services Website Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, re-market, or otherwise dispose of any portion of the Ultra Services Website Services. Customer acknowledges that all content, data, and files uploaded by Customer to Ultra Services’ servers remain the intellectual property of Customer, and Ultra Services claims no ownership rights over Customer’s content.

8. Term and Termination.

A. This Agreement shall have an initial term corresponding to the billing cycle selected by Customer and shall thereafter automatically renew for successive periods of the same length. This Agreement and Customer’s access to the Ultra Services Website Services shall terminate as follows: (i) Either party may terminate upon thirty (30) days’ prior written notice; (ii) Ultra Services may immediately and without prior notice terminate upon a violation by Customer of Ultra Services’ acceptable use policies; (iii) Ultra Services may terminate immediately and without prior notice in accordance with Section 1; and (iv) Ultra Services may terminate immediately if, after fifteen (15) days’ prior notice to Customer, Customer has failed to correct any breach of this Agreement. There is a $20 fee for early cancellation of hosting terms of three months or greater after a renewal has taken place. The cancellation fee is not charged under new orders falling under Section 3 of this Agreement.

B. Upon termination by Ultra Services under Sections 8(A)(ii), (iii), or (iv), Ultra Services may remove all of Customer’s data and information from Ultra Services’ facilities after a thirty (30) day data retention period. During this retention period, Customer may request a copy of their data. After the retention period, Customer shall have no right to access such data. In cases where Customer’s account has been cancelled and Customer is requesting reactivation, Ultra Services, at its option, may reactivate the same account only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.

C. To cancel an Ultra Services Website Service, Customer should submit a cancellation request through the client portal at https://my.ultrawebhosting.com, via the contact page form, or by mail to Ultra Services, LLC, 12101 Tukwila International Blvd., Suite 410, Seattle, WA 98168, USA, Attention: Website Service Cancellations. Cancellations submitted through the client portal are effective immediately upon confirmation. Mail cancellations are effective upon receipt by Ultra Services; certified mail is recommended.

D. Sections 1, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive any termination of this Agreement.

9. Exclusion of Warranties.

ULTRA SERVICES PROVIDES THE ULTRA SERVICES WEBSITE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

While Ultra Services makes commercially reasonable efforts to maintain the Ultra Services Website Services, many factors are not within Ultra Services’ control. Therefore, Ultra Services does not warrant, and is not responsible for, any loss of data, delays, non-delivery or mis-delivery of information, lack of access, slow response time, or service interruptions or errors. Customer’s data is defined as any data held by Ultra Services and includes account information, web hosting data, email, and domain name services. This disclaimer and waiver shall apply equally to any and all third-party providers.

Ultra Services reserves the right to change prices or add or remove product features of any existing product or service upon thirty (30) days’ prior notice. Ultra Services reserves the right to discontinue products or services and the right to remove or reassign IP addresses associated with a Customer’s account. You assume full responsibility and risk for use of the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information provided through the Services.

10. Limitation of Liability and Damages.

THE TOTAL AGGREGATE LIABILITY OF ULTRA SERVICES TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO ULTRA SERVICES BY CUSTOMER HEREUNDER DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL ULTRA SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ULTRA SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Confidentiality.

Customer acknowledges that by reason of its relationship with Ultra Services, it may have access to certain information and materials relating to Ultra Services’ business, customers, software technology, and marketing which Ultra Services treats as confidential (collectively “Confidential Information”). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the prior written consent of a duly authorized representative of Ultra Services; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information which does not rise to the level of a trade secret.

12. Indemnification.

Customer shall indemnify, defend, and hold Ultra Services harmless against all third-party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney’s fees, and expenses that Ultra Services may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of Customer or its clients which are in any way related to the Ultra Services Website Services.

13. Data Protection and Privacy.

A. Customer Data. Ultra Services will maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Customer data stored on Ultra Services’ servers. Ultra Services will not access, use, or disclose Customer data except as necessary to provide the Services, as required by law, or as authorized by Customer.

B. Personal Information. Ultra Services collects and processes personal information in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. Customer acknowledges and agrees that Ultra Services may collect certain personal information including name, email address, billing address, and payment information for the purpose of providing the Services.

C. Data Processing. To the extent that Ultra Services processes personal data on behalf of Customer (for example, data submitted by visitors to Customer’s website through forms or email), Customer is the data controller and Ultra Services is the data processor. Ultra Services will process such data only in accordance with Customer’s instructions and applicable law.

D. Compliance with Data Protection Laws. Each party shall comply with all applicable data protection and privacy laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA), the General Data Protection Regulation (GDPR) where applicable, the CAN-SPAM Act, and any other applicable state, federal, or international data protection legislation. Customers who require a Data Processing Addendum (DPA) for GDPR compliance may request one by contacting Ultra Services.

E. Data Breach Notification. In the event of a confirmed security breach affecting Customer’s personal data, Ultra Services will notify the affected Customer without undue delay and in accordance with applicable law. Ultra Services will take commercially reasonable steps to contain and remediate any such breach.

F. Data Portability. Upon Customer’s written request and subject to payment of any outstanding balances, Ultra Services will provide Customer with a copy of Customer’s data in a commonly used, machine-readable format within a reasonable time period.

14. Force Majeure.

Neither party shall be liable for any delay or failure in performance caused by any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, labor disputes and strikes, riots, war, terrorism, cyberattacks, governmental actions or requirements, power outages, internet service provider failures, and failures of third-party infrastructure. The obligations and rights of the excused party shall be extended on a day-to-day basis for the period of time equal to the underlying cause of the delay.

15. DMCA Policy (Copyright Infringement Claims).

A. Ultra Services respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content hosted on Ultra Services’ servers infringes your copyright, you may submit a DMCA takedown notice to our designated agent.

B. DMCA Takedown Notices must include: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, including the URL or other specific location on the server; (iv) your contact information (address, telephone number, and email address); (v) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and (vi) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

C. Designated Agent: Ultra Services, LLC, DMCA Agent, 12101 Tukwila International Blvd., Suite 410, Seattle, WA 98168, USA. Email: dmca@ultrawebhosting.com.

D. Counter-Notification. If Customer believes that content was removed in error, Customer may submit a counter-notification in accordance with the DMCA. Upon receipt of a valid counter-notification, Ultra Services will forward it to the complaining party and restore the content within ten (10) to fourteen (14) business days unless the complaining party files a court action.

E. Repeat Infringers. Ultra Services reserves the right to terminate the accounts of repeat infringers in appropriate circumstances.

16. Governing Law and Dispute Resolution.

A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of laws principles.

B. Informal Resolution. Before filing any formal dispute, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement informally by contacting the other party and negotiating in good faith for a period of at least thirty (30) days.

C. Arbitration. If the parties are unable to resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in King County, Washington, and shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

D. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND ULTRA SERVICES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

E. Small Claims. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.

17. Electronic Communications.

By using the Services, Customer consents to receiving electronic communications from Ultra Services, including service announcements, billing notices, and administrative messages. Customer agrees that all agreements, notices, disclosures, and other communications that Ultra Services provides electronically satisfy any legal requirement that such communications be in writing.

18. Miscellaneous.

A. Assignment. Customer may not assign its rights or delegate any of its duties under this Agreement without the prior written consent of Ultra Services, and any attempted assignment or delegation without such consent shall be void. Ultra Services may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

B. Severability. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

C. No Partnership. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of partners, joint venturers, or agents of one another.

D. Subcontracting. Ultra Services may subcontract any work, obligations, or other performance required of Ultra Services under this Agreement without the consent of Customer.

E. Entire Agreement. This Agreement, together with Ultra Services’ Privacy Policy and any applicable order forms, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

F. Amendments. Ultra Services reserves the right to amend this Agreement from time to time by posting the revised Agreement on the Ultra Services website. Material changes will be communicated to Customer via email or prominent notice on the website at least thirty (30) days before taking effect. Continued use of the Services after the effective date of any amendments constitutes acceptance of the revised Agreement.

G. Notices. All notices to Ultra Services shall be sent to: Ultra Services, LLC, 12101 Tukwila International Blvd., Suite 410, Seattle, WA 98168, USA, or via the contact page at https://www.ultrawebhosting.com/contact. Notices to Customer will be sent to the email address on file in Customer’s account.

H. Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.