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Terms of Services
Introduction
The following Terms of Service
are in place to ensure a quality product is given
to each and every customer of PadHost. These Terms
of Service apply to your account with PadHost.
Agreement
By requesting an account
with PadHost accessing PadHost network or server for
any reason, you agree to act as responsible users
who understands the consequences of violating any
of the terms and agrees to act accordance with the
tersm below. You also agree that any usage of the
services that PadHost provides constitues as an agreement
with the terms of service.
Modifications of the
Terms of Service
PadHost holds the right to
modify, update, change, or revise the terms at its sole
discretion without informing users of the change. While
we will make an effort to contact of the revisions it
is your responsibility to check on them as necessary.
Customer responsibilities
to the contract:
- The customer agrees
to pay all charges found in the service order upfront
and on time, unless a leeway period is agreed upon
by the customer and PadHost.
- Customer agrees to automatic
renewal of charges on a monthly or yearly basis unless
cancellation is received in writing according to the
terms set forth in the contract.
- Customer agrees to all
additional charges for services requested by customer
that may occur during the course of business above
and beyond the original Service Order.
- Customer agrees to adhere
to the acceptable use policies.
- Customer agrees not
to use the services, bandwidth and/or hardware provided
by PadHost in methods that violate local, state or
Federal laws within the United States of America.
- Customer agrees to the
Arbitration agreement set forth in the contract.
- Customer agrees to the
Limitation of Liability and Disclaimer of Warranties.
- Customer agrees to be
bound by the laws of United States in all legal
proceedings applicable to the contract.
- Customer agrees to any
and all other information, amendments, clauses, and
terms found in this contract.
PadHost fulfillment
and responsibilities to the contract
- PadHost will provide
Internet connectivity services (bandwidth) in accordance
to the Service Order.
- PadHost will provide
hardware specifications in accordance to the Service
Order.
- PadHost will provide
technical support services.
- PadHost will provide
IPs and DNS services as specified.
- Availability: While
PadHost makes every attempt to keep your site running
24 hours a day, 7 days a week, the client agrees that
at times the services may be inoperable or any reason,
including, without limitation equipment malfunctions,
periodic maintenance procedures or repairs which Host
may undertake from time to time, causes beyond the
control of Host or which are not reasonably foreseeable
by Host, including, without limitation, interruption
or failure of telecommunication or digital transmission
links, hostile network attacks, network congestion
or other failures. Client agrees that Host has no
control of availability of Services on a continuous
or uninterrupted basis.
Age:
The client agrees that he or she is at least 16 years
of age, and understands right from wrong.
Service Order:
The Service Order shall initiate the provision of services
pursuant to this Agreement. The Service order shall
outline the hardware, bandwidth, IPs, technical support,
Software requirements, DNS, datacenter, and administrative
and billing information to the contract. The Service
Order is a binding agreement parties.
Software License and
Rights:
During the term of a Service Order, PadHost grants Customer
a non-transferable, nonexclusive license to use the
Software, in object code form only, for its internal
needs, to be used solely on the Hardware provided, and
solely in conjunction with the Services. Customer agrees
that it will not, directly or indirectly:
- Copy the Software, except
as is necessary to install on Hardware and for internal,
archival purposes. In the event Customer makes any
copies of the Software, Customer shall reproduce all
proprietary notices on such copies.
- Reverse engineer, decompile,
disassemble, modify or otherwise attempt to derive
source code from the Software. - sell, lease, license,
transfer, give possession of, or sublicense the Software
or the documentation to others. - write or develop
any derivative or other software programs, based,
in whole or in part, upon the Software or any Confidential
Information.
Payment Terms:
The customer agress to pay PadHost for the services
as described on the particular plan page that the client
has chosen and at such times provided by the payment
schedule. In even that the customer exceeds any of the
package specifications as specified on the plan page
that client has chose, the client shall pay for the
additional services provided by PadHost at the current
rates set by PadHost.
Pricing Disputes
Customer must notify PadHost in writing of any disputed
charges within 60 days of the date of the billing for
such charges. If Customer does not notify PadHost within
that time period, Customer has waived any right to dispute
such amounts, either directly or as a set-off, recoupment
or defense in any action or efforts to collect amounts
due to PadHost -. Collection. All accounts more than
30 days past due will be charged interest from the due
date of the lesser of (i) 2% per month on the past due
amount; or (ii) the highest legal rate of interest.
PadHost may suspend, interrupt, or terminate Services
on any account that is past due by more then thirty
(30) calendar days, by disabling ftp access and/or disabling
the connection to the server. In the event of disconnection,
Customer must pay PadHost a disconnection fee of $10.00
reinstatement fee as a condition of reactivation of
the Services, in addition to full payment of the balance
due on the account. Reactivation of service will only
be performed during PadHost regular business hours.
All accounts that have not been paid in full may be
sent to a collection agency. The Customer is responsible
for paying all costs of collection, including, but not
limited to reasonable attorneys fees and, where lawful,
collection agency fees. All accounting issues should
be addressed to PadHost.
Price Increases
Price increases shall not effect current customers as
they have a locked in rate from when they order.
Forbidden Content and
Activities.
- Pornography - Client
designed to sexually arouse is prohibited from PadHost.
This includes; Frontal Nudity, (unless it is for Science,
health, fine arts, or any other general education
purposes) or any other content that is designed to
sexually arouse. Child pornography is strictly prohibited,
even if it is for science, health, fine arts, or any
other general educational purposes. If child pornography
is found PadHost will contact the authorities. PadHost
reserves the right to determine what violates this
policy.
- No-Spam Policy - The
Customer shall not use, or recklessly, or knowingly
permit any type of unsolicited email of any kind,
regardless of the contnt.
- Mailing Lists - All
mailing lists must be a confirmed opt-in email process
only.
- Bots - Bots of any kind
are strictly prohibited.
- Scripts - Any script
that affects PadHost is strictly prohibited.
- Chat Scripts - Chat
scripts are stritly prohibited.
- IRC Clients - IRC Clients
are strictly forbidden. If a IRC client is found on
anyone's account, their account will immediately be
closed.
Disclaimer Of Warranty
THE USE OF PadHost AND ITS SERVICES AND PRODUCTS
ARE AT THE CLIENTS SOLE DISCRETION. THE HOST MAKES NO
WARRANTIES, INCLUDING MERCHANTABILITY, AND FITNESS FOR
A PARTICULAR PURPOSE.
Indemnification:
Customer shall defend, indemnify, and hold harmless
PadHost from and against all liabilities, judgments,
claims, damages, settlements, expenses and costs (including
reasonable attorneys's fees and litigation expenses)
arising out of or relating to any breach of this Agreement
or Service Orders by Customer. Customer and PadHost
will promptly notify each other upon receipt of any
third party claim or legal action arising out of or
relating to this Agreement or Service Orders.
LIMITATION OF LIABILITY:
PadHost liability (including, for purposes of this paragraph
only, any of it employees, agents, or representatives),
to Customer (either directly or as a third party defendant
in any action or proceeding) for any claim arising out
of or relating to this Agreement or Service Orders or
the provision of any Services under Service Orders (including,
without limitation maintenance and support) shall be
limited to the amount of fees paid by Customer to PadHost
under this Agreement within one year preceding the date
Customer contends its claim arose. In no event shall
PadHost be liable for any loss of data, loss of
profits, cost of cover, or any other special, incidental,
consequential, indirect or punitive damages, however
caused and regardless of theory of liability. This limitation
will apply even if PadHost has been advised of, or is
aware of, the possibility of such damages.
Refusal of Service.
PadHost reserves the right to refuse, or cancel service
at its sole discretion.
By reading these Terms
of Service set forth, you're in fact understanding what
everything means. If you do not understand something
you may email our support team at support@PadHost.com.
Otherwise, it is assumed that you understand, and agree
with what is set forth in these terms of service. This
clause is in here, so you may not say "I did not
understand something" in the court of law.
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