 |
|
TERMS OF TRADE
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE(S).
1. FEES, PAYMENT AND TERM As consideration for the services you have selected, you agree to pay us the applicable service fees (including GST for Australian clients). All fees payable hereunder are non-refundable (*5) - except in circumstances where this may contravene Australian Consumer Laws
By using our services you agree to:
1. provide certain current, complete and accurate information about you as required by the registration process and
2. maintain and update this information as needed to keep it current, complete and accurate;
3. you represent that the statements you have made in our application are true and you will not use our services for any unlawful purpose;.
4. should your credit card be rejected for whatever reason our billing department will email existing customers to allow arrangements to be made to complete the transaction.
If no response is received from within 14 days the service will be suspended and a notice will be placed on the site's home page requesting a contact to our sales/billing department.
*5. Should you not be satisfied with the service you have purchased - a refund is available within 30 days of payment for the services - except the purchase of domain names - or in the case where a domain name(s) was included in a purchased package, the refund will be less the cost of the registration of the domain name(s).
2. CANCELLATIONS All cancellations must be reported to "subscription@PetersHosting.com" with your account name and password. Cancelling an account does not equal "refunding" of an account. A cancellation refers to the removal of user materials from our systems and the deactivation of services.
3. BANK DISPUTES & CHARGE BACKS All Bank Disputes and Bank Issued Charge Backs may result in the complete cancellation of your account. All Bank Disputes and Charge Backs are reported to the card issuers and can result in the forfeiture of all PetersHosting services without further notice.
4. ADDITIONAL FILE TRANSFERS FEES. PetersHosting automatically bills customers for excess file transfer usage. Customers receive a set amount of file transfers with their hosting service depending on the package purchased. If customers exceed the amount of file transfer they are billed $5.00 per additional gigabyte per month. This charge is incurred without notification. If you are billed monthly for our services the overage charge will be attached to your monthly credit card charge. If you are billed yearly for our services the overage will be billed to your credit card the month following your overage.
5. ILLEGAL USE. PetersHosting may be used for lawful purposes only. Storage, or distribution of any information, data, or material in violation of any law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. If any illegal material is found in your account, you will be contacted and given two(2) days to remove it. Failure to do so, will result in a cancellation of the customer's account. No refund will be issued.
6. ADULT CONTENT. Adult content is prohibited on PetersHosting servers. PetersHosting constantly monitors all of our clients web sites. If adult material is found on your account, you will be contacted to remove the material. Failure to do so, will result in cancellation of the customer's account. No refund will be issued.
7. SERVER ABUSE. Any attempts to undermine or cause harm to a PetersHosting server or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam".
8. CUSTOMER CONDUCT. You are solely responsible for the contents of your transmissions through PetersHosting. Your use of the PetersHosting service(s) is subject to all applicable local, state, national and international laws and regulations.
You agree:
1. to comply with US law regarding the transmission of technical data exported from the United States through PetersHosting;
2. not to use PetersHosting for illegal purposes;
3. not to interfere or disrupt networks connected to PetersHosting; and
4. to comply with all regulations, policies and procedures of networks connected to PetersHosting. You agree not to transmit through PetersHosting's service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature.
9. ACTIONS TAKEN BY PetersHosting. Your failure to meet or follow any of the Terms and Conditions set forth by PetersHosting is grounds for account deactivation.
10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but not limited to:
1. loss or liability resulting from access delays or access interruptions;
2. loss or liability resulting from data non-delivery or data mis-delivery;
3. loss or liability resulting from the unauthorized use or misuse of your UserName or Password;
4. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
5. loss or liability resulting from the development or interruption of your Web site or email service.
11. INDEMNITY. You agree to release, indemnify, and hold us and our employees harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.
12. REVOCATION. You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.
13. ACCEPTANCE OF AGREEMENT. You acknowledge that you have read this agreement and agree to all its terms and conditions.
|
|