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1.) Account Setup
We will setup your account after we have received payment and
we and/or our payment partner(s) have screened the order(s)
incase of fraud. It is your responsibility to provide us with an
email address which is not @ the domain(s) you are signing up
under.
2.) Content
All services provided by PowerYourSite.com may only be used
for lawful purposes. This includes, but not limited to:
copyrighted material, material we judge to be threatening or
obscene, pornography. The customer agrees to indemnify and hold
harmless PowerYourSite.com from any claims resulting from the
use of our services.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe lists" and
"double optin" will be treated as spam. Any user who sends out
spam will have their account terminated without notice.
PowerYourSite.com reserves the right to require changes or
disable as necessary any web site, account, database, or other
component that does not comply with this policy, at its sole
discretion. PowerYourSite.com also reserves the right to make
any such modifications in an emergency at our sole discretion.
PowerYourSite.com reserves the right to charge the holder of
the account used to send any unsolicited e-mail a clean up fee.
This cost of the clean up fee is left entirely to the discretion
of PowerYourSite.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services
received from us, in advance of the time period during which
such services are provided. You agree that until and unless you
notify PowerYourSite.com of your desire to cancel any or all
services received, those services will be billed on a recurring
basis.
We reserve the right to change the monthly payment amount and
any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not
responsible for files and data residing on your account. You
agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an
unconditional 30 day money back guarantee on managed shared
hosting, and reseller solution's. Refund requests after 30 days
will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For
example, if you've had an account with us before, cancelled and
signed up again, you will not be eligible for a refund or if you
have opened a second account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that
require server resources. Remotely-hosted services are fully
allowed.
c) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any bit torrent
f) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you purchase.
Should your account pass the allocated amount we reserve the
right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you
upgrade to a higher level of package, terminate the account
and/or charge you an additional fee for the overages. Unused
bandwidth cannot be carried over to the next month.
9.) Money back Guarantee
Each of PowerYourSite.com's shared plans carries a 30 day
unconditional money back guarantee. If you are not completely
satisfied with our services within the first 30 days of your
service, you will be given a full refund of the contract amount.
10.) Price Change
The amount you pay for hosting will never increase from the
date of purchase. We reserve the right to change prices listed
on our site, and the right to increase the amount of resources
given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and
hold PowerYourSite.com harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against PowerYourSite.com, its agents,
its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed
or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
PowerYourSite.com against liabilities arising out of; (1) any
injury to person or property caused by any products sold or
otherwise distributed in connection with PowerYourSite.com; (2)
any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to
customers from PowerYourSite.com's server.
12.) Disclaimer
PowerYourSite.com will not be responsible for any damages your
business may suffer. PowerYourSite.com makes no warranties of
any kind, expressed or implied for services we provide.
PowerYourSite.com disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data
resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by PowerYourSite.com and
its employees.
13.) Changes to the TOS
We reserve the right to revise its policies at any time
without notice.
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