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Terms of Service (TOS)
THIS
AGREEMENT BETWEEN Planhoster.com and you
where “you” is referred to as (“Account
Holders "Users", “Members”, “Customers”, or
“Subscribers”)
WHEREAS Planhoster.com agrees to
furnish IT - internet based services
associated with web sites, web hosting, and
domain registration to the User.
Use of
Planhoster.com Service constitutes
acceptance and agreement to Planhoster.com's
policies are subject to the terms above and
as follows:
Content:
At Planhoster.com, we strongly prohibit the
use of any our service for any illegal
activities.
Although we
are a global web hosting service provider,
all our subscribers must be in accordance
with U.S. Federal, State and local laws.
Ultimately you, the customer, are solely
responsible for the content stored on your
Planhoster.com account.
User shall
not include content, or internet links to
content on the Site that contain, promote or
involve any of the following. Examples
include but are not limited to:
1. Any
copyright, patent, trademark, or other
intellectual property right.
2. Child
Pornography
3. Hate
content
4.
Threatening, racial, or otherwise abusive
content.
5. Any and
all content inciting, instructing, or
promoting illegal activities.
6. Fraud,
MLM (Multi-Level Marketing), Pyramid
schemes, or any other activities deemed to
be fraudulent.
7. Hacking/Phreaking,
warez, cracks, spam software or any material
that contains a virus or any other harmful
code.
Payment:
Establishment of service is reliant upon
receipt by the Company of payment of
affirmed charges. Following payments are due
on the anniversary date of the month for
that month's service.
Payments and Fees:
Accounts that reach 7 days past due will be
suspended. Accounts that are not collectable
by Planhoster.com may be turned over to an
outside collection agency for collection. If
you desire to cancel your account, please
follow the proper procedure to do this as
outlined in this TOS.
Failure to Pay:
The Company may temporarily deny service or
terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such
termination or denial will not relieve
Subscriber of responsibility for the payment
of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation:
Requests for canceling accounts may be made
in writing or through the helpdesk system.
Planhoster.com’s preferred method of
cancellation is via the helpdesk of your
Planhoster.com account. Please log into the
helpdesk and you can request to have your
account cancelled.
Disclosure to Law Enforcement:
At Planhoster.com, we specifically forbid
the use of our service for any unlawful
activities. Therefore, User agrees that the
Company may reveal any and all subscriber
information including assigned IP numbers,
account history, account use, etc. to any
law enforcement agent who makes a written
request without further consent or
notification to the Subscriber. In addition
Planhoster.com shall have the right to
terminate all service set forth in this
Agreement.
Support Boundaries:
Planhoster.com, provides 24 x 7 x 365
technical support to our subscribers and our
staff is limited to our area of expertise.
The
following are our guidelines when providing
support:
-
Planhoster.com does not offer tech
support for application specific issues
such as cgi programming, html or any
other such issue.
-
Planhoster.com does not provide
technical support for YOUR customers. If
you can email, we encourage you to email
support@Planhoster.com for assistance.
SPAM and Unsolicited Commercial Email (UCE):
Planhoster.com takes a zero tolerance
approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our
network. Very simply this means that
customers of Planhoster.com may not use or
permit others to use our network to transact
in UCE. Customers of Planhoster.com may not
host, or permit hosting of, sites or
information that is advertised by UCE from
other networks. Violations of this policy
carry severe penalties, including
termination of service.
Violation
of Planhoster.com's SPAM policy will result
in severe penalties. Upon notification of an
alleged violation of our SPAM policy,
Planhoster.com will initiate an immediate
investigation (within 48 hours of
notification). During the investigation,
Planhoster.com may restrict customer access
to the network to prevent further
violations. If a customer is found to be in
violation of our SPAM policy, Planhoster.com
may, at its sole discretion, restrict,
suspend or terminate customer's account.
Further, Planhoster.com reserves the right
to pursue civil remedies for any costs
associated with the investigation of a
substantiated policy violation.
Planhoster.com will notify law enforcement
officials if the violation is believed to be
a criminal offense.
As our
Customers are ultimately responsible for the
actions of their clients over the
Planhoster.com network, it is advisable that
customers develop a similar, or stricter,
policy for their clients.
Network
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk
usage shall not exceed the number of
megabytes per month for the Services ordered
by Customer on the Order Form (the "Agreed
Usage"). Planhoster.com will monitor
Customer's bandwidth and disk usage.
Planhoster.com shall have the right to take
corrective action if Customer's bandwidth or
disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment
of additional charges, disconnection or
discontinuance of any and all Services, or
termination of this Agreement, which actions
may be taken is in Planhoster.com's sole and
absolute discretion. If Planhoster.com takes
any corrective action under this section,
Customer shall not be entitled to a refund
of any fees paid in advance prior to such
action. In the event that a customer exceeds
the included allocation, Planhoster.com may,
at its sole discretion, collect a deposit,
in an amount determined by Planhoster.com,
against customer's credit card on file with
Planhoster.com.
System and Network Security:
Users are prohibited from violating or
attempting to violate the security of the
Planhoster.com Network. Violations of system
or network security may result in civil or
criminal liability. Planhoster.com will
investigate occurrences, which may involve
such violations and may involve, and
cooperate with, law enforcement authorities
in prosecuting Users who are involved in
such violations. These violations include,
without limitation:
Accessing
data not intended for such User or logging
into a server or account, which such User is
not authorized to access.
Attempting
to probe, scan or test the vulnerability of
a system or network or to breach security or
authentication measures without proper
authorization.
Attempting
to interfere with service to any user, host
or network, including, without limitation,
via means of overloading, "flooding", "mail
bombing" or "crashing".
Forging any
TCP/IP packet header or any part of the
header information in any e-mail or
newsgroup posting.
Taking any
action in order to obtain services to which
such User is not entitled.
Notification of Violation:
Planhoster.com is under no duty to look at
each customer's or user's activities to
determine if a violation of the TOS has
occurred, nor do we assume any
responsibility through our TOS to monitor or
police Internet-related activities.
Miscellaneous Provisions:
You must provide us with, and keep current,
good contact information for you. E-mail,
fax, and telephone contacts are used, in
that order of preference.
Planhoster.com takes no responsibility for
any material input by others and not posted
to the Planhoster.com Network by
Planhoster.com. Planhoster.com is not
responsible for the content of any other web
sites linked to the Planhoster.com Network;
links are provided as Internet navigation
tools only. Planhoster.com disclaims any
responsibility for any such inappropriate
use and any liability to any person or party
for any other person or party's violation of
this policy.
Planhoster.com is not responsible for any
damages your business may suffer.
Planhoster.com does not make implied or
written warranties for any of our services.
Planhoster.com denies any warranty or
merchantability for a specific purpose. This
includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and
all service interruptions caused by
Planhoster.com.
It is
absolutely forbidden to IRC servers on.
Accounts found hosting this material will be
subject to immediate cancellation without
refund.
REFUNDS AND GUARANTEES
Money back guarantee on all our web hosting
plans and packages:
To prove to you how confident we are in our
services, we will offer you a 30 day money
back guarantee on web hosting plans and
packages. Domain name registration and
transfers are non-refundable. If for any
reason you are not completely satisfied with
our services and cancel your account within
the initial 30 days from the initial order
date of your account we will refund you all
your money (excluding any setup fees).
Refunds may take up to two weeks to process.
Please note:
Planhoster.com will not issue refunds to
users who have their account terminated by
Planhoster.com, for breach of our terms of
service. Refunds will not be made to users
who exceed their allocated bandwidth limit.
Accounts that are renewed for additional
terms are also not subject to our money back
guarantees.
99.5%
uptime guarantee:
If for any reason (except for scheduled
downtimes) our network or servers are down
for longer than 0.5% in any month, you can
request a 20% discount for your following
month's services. For clients paying yearly,
the equivalent to 20% of a monthly payment
will be deducted off the next payment.
Responsibility for Content:
You, as Planhoster.com's customer, are
solely responsible for the content stored on
and served by your Planhoster.com server.
All
provisions of this contract are subject to
the TOS (Terms of Service) of Planhoster.com
and AUP (Acceptable Use Policy). The AUP may
be changed from time to time at the
discretion of the Company. Subscriber
understands that change to the AUP by the
Company shall not be grounds for early
contract termination or non-payment. |