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PenguinWebHosting ("The Company")
agrees to furnish services to the client, subject to the following
TOS (Terms of Service).
Spam, bulk, or unsolicited email is strictly prohibited. We have a zero tolerance for this and any account that violates this will be immediately shut down. Any violation will be subject to a
$200 fine. Penguinhost will be the sole arbiter of what constitutes a violation. This includes but is not limited to sending a bulk mailing, unsolicited commerical email, emails sent from outsite the server advertising your site, opt-in and opt-out lists. Questions on this can be sent to tos@penguinwebhosting.com
Right to Refuse Service: PenguinWebHosting reserves the right to refuse or discontinue it's services to
anyone for any reason, or for no reason, at any time. This policy is enforced to ensure a professional
and secure environment for all customers on our systems.
Use of PenguinWebHosting Service constitutes
acceptance and agreement to PenguinWebHosting's AUP, PenguinWebHostings's TOS (Terms of Service) as well as PenguinWebHosting
Services (Service Level Agreement).
All provisions of this contract are subject to
the TOS (Terms of Service) of PenguinWebHosting, AUP (Acceptable
Use Policy) and PenguinWebHosting (Service Level Agreement).
The AUP may be changed from time to time at the discretion of the
Company. Client understands that change to the AUP by the Company
shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects
in accordance with the laws of the state of Illinois applicable
to contracts enforceable in that state. Venue will be the city of
Glen Ellyn, Illinois.
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Client agrees that the Company may disclose any and all Client 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 Client. In addition PenguinWebHosting shall have the right to terminate all service
set forth in this Agreement.
Service Rates: Client acknowledges that the nature
of the service furnished and the initial rates and charges have
been communicated to Client. Client is aware that the Company may
prospectively change the specified rates and charges from time to
time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited
to rates charged to company by its suppliers.
Vulgar and Abusive Language: The use of vulgar or abusive language to our support staff or any of our partners or suppliers is not tolerated and may result in immediate termination of your account.
Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent
payments are due on a reoccurring date that coincides with the date
of signup.
Payments and Fees:
All hosting plans are recurring billing cycles.
To cancel fill out our online cancellation form located at https://www.penguinwebhosting.com/cancellation/
or fax your cancellation request to 630-282-0444 You will
receive a confirmation number within 1 business day. Accounts cancelled prior to the renewal date and after the 60 day money back guarantee are subject to a $50 early termination fee. We do not
accept cancellation requests via email or in the form of a charge
back. Refunds will not be given in the form a charge back.
To obtain refund call 630-221-8451 or fax a refund request to
630-282-0444. If you do a charge back you must pay an
administration fee equal to the amount of the charge back plus an
additional $35 per charge back plus any collection fees and/or legal
fees.
Failure to Pay:
Payments are automatically applied to your credit card on file. In the event the credit card or payment menthod on file is no longer valid you must contact us with new payment information within five days. Unpaid accounts are subject to discontinuation of service. Payments over 30 days past due are subject collection agency fees and any applicable court costs and legal fees.
Client acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain. Therefore,
Client agrees that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive control
of the company. Client further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by Client for services during the period damages
occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
Support Boundaries: PenguinWebHosting provides
technical support to our Clients. We limit our technical support
to our area of expertise. The following is our guidelines when providing
support: PenguinWebHosting provides support related to your
server or functioning. PenguinWebHosting does not offer tech
support for application specific issues such as CGI, JavaScript,
PHP or ASP programming, html or any other such issue. PenguinWebHosting
Services does not provide technical support for YOUR Clients. If
you can email, we encourage you to email support@PenguinWebHosting.com or utilize
the online ticket system for assistance.
Any request of technical support warrants the possibility of being
charge a system administration fee if the request related to Operating
System functionality, software application functionality, customer
installed software/scripts, or Control Panel functionality. If a
staff member of PenguinWebHosting is required to login to
your server to provide support, system administration fees can be
applied to your account. Charges are applied at an hourly rate and
applied to the next billing cycle.
SPAM and Unsolicited Commercial Email (UCE): PenguinWebHosting takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that Clients of PenguinWebHosting may
not use or permit others to use our network to transact in UCE.
Clients of PenguinWebHosting 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 PenguinWebHosting's SPAM policy
will result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, PenguinWebHosting will initiate
an immediate investigation (within 48 hours of notification). During
the investigation, PenguinWebHosting may restrict customer
access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, PenguinWebHosting
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, PenguinWebHosting reserves the right to
pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. PenguinWebHosting will
notify law enforcement officials if the violation is believed to
be a criminal offense.
PengunHost does not allow bulk emailing software or email
havesting software to be sold or distributed.
Violations of this policy will result in
an "Administrative Fee" of $500 and your account will
be immediately terminated.
Users who violate this policy agree
that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $150 per hour
that PenguinWebHosting personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
As our Clients are ultimately responsible for
the actions of their clients over the PenguinWebHosting network,
it is advisable that Clients develop a similar, or stricter, policy
for their clients.
Domains
Registration Data.
When you register or transfer a domain name, you are required to
provide us with certain information. This information includes:
Your full name, postal address, e-mail address,
voice telephone number, and fax number if available; The name
of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
The IP addresses of the primary nameserver and any secondary nameserver(s)
for the TLD name; The corresponding names of those nameservers;
The full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for
the TLD name; The full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the TLD name; The name, postal address, e-mail address,
voice telephone number, and fax number if available of the billing
contact for the TLD name; and Any remark concerning the registered
TLD name that should appear in the WHOIS directory.
You agree to update this information to keep it
current, complete and accurate. You also agree and understand that
the foregoing registration data will be publicly available and accessible
on the WHOIS directory as required by ICANN/Registry Policy and
may be sold in bulk in accordance with the ICANN Agreement.
Network
IP Address Ownership: If PenguinWebHosting assigns Customer
an Internet Protocol address for Customer's use, the right to use
that Internet Protocol address shall belong only to PenguinWebHosting
Services, and Customer shall have no right to use that Internet
Protocol address except as permitted by PenguinWebHosting
in its sole discretion in connection with the Services, during the
term of this Agreement. PenguinWebHosting shall maintain and
control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by PenguinWebHosting, and
PenguinWebHosting reserves the right to change or remove any
and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is limited
by ARIN's new policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
PenguinWebHosting's NO-LIMIT Bandwidth Policy
Effective 6/1/07 we no longer off
unlimited/unmetered/NO-limit bandwidth, any accounts which were signed up on
such a plan will be switched to the current bandwidth offering upon your next
renewal date.
Items that have additional charges include and are not
limited to:
http://www.penguinwebhosting.com/additional.html
System and Network Security: Users are prohibited
from violating or attempting to violate the security of the PenguinWebHosting Network. Violations of system or network security
may result in civil or criminal liability. PenguinWebHosting
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:
Excessive Resource User Policy: Resources are defined as processor and ram utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, abnormal amounts of incoming or our going emails, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse and overloading of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. PenguinWebHosting will be the sole and final arbiter as to what constitutes a violation of this policy. Databases cannont exceed 30% of your total disk space.
PenguinWebHosting has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the PenguinWebHosting servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
Software distribution, and copyrighted mp3, and other music files may not be used on our network.
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited for Web Hosting customers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
PenguinWebHosting does not allow IRC or IRC bots to be operated.
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.
Addition of IP addresses that have not been specifically
assigned to the server.
Notification of Violation: PenguinWebHosting
is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
activities.
Any User, which PenguinWebHosting
Services determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation.
The service may be subject at PenguinWebHosting's discretion
to a temporary or permantent suspension pending a User's agreement in writing,
to refrain from any further violations.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to parties
on the Internet. In particular, if open relays are on your network
or a customer's network, or if denial of service attacks are originating
from your network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact
you as soon as is feasible.
Suspension of Service or Cancellation: PenguinWebHosting
Services reserves the right to suspend network access to any customer
if in the judgment of the PenguinWebHosting network administrators
the customer's server is the source or target of the violation of
any of the other terms of the AUP or for any other reason which
PenguinWebHosting chooses. If inappropriate activity is detected,
all accounts of the Customer in question will be deactivated until
an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's accounts/machines were suspended.
Domain Registration and Renewals
Domains registered with Penguin Web Hosting may be renewed at any time prior to
expiration for a maximum period of up to 10 years. While we will often call
and/or email you prior to domain expiration, we do not guarantee we will do so
and it is your responsibility to keep track of your domain.s expiration date.
Failure to renew your domain prior to expiration may result in your domain being
turned into a pay per click site. The pay per click site may include, and is not
limited to, images, text and links, and contain content chosen by Penguin Web
Hosting's parent registrar. By registering a domain with Penguin Web Hosting you
agree that images, text, links, etc. of the parent registrars choice may be
displayed if you do not renew your domain prior to expiration. You are also
subject to any rules, decisions, and actions of the parent registrar at any time
during valid registration period and/or renewal. Domains expired for more than
30 days may result in loss of domain or additional charges to get the domain
back.
Upgrades
Penguin Web Hosting will upgrade the server on a regular basis and/or as
necessary. This will, among other things, help prevent security breaches due to
known exploits of open source software, and prevent poor programming techniques
which may cause a potential security risk. Prior notice of upgrades will not always be
given. Penguin Web Hosting is not responsible for any negative effects or non
compatibility of your scripts and/or content on your website, after an upgrade,
including misdeilvery, nondelivery and/or loss of data.
User Level Security-3rd party scripts, passwords
You, the customer are responsible for keeping your account secure at the
user level, this includes but is not limited to any software you install, including those installed with an initial script installer we provide, such as Fantastico and/or the cPanel script manager,
including 3rd party scripts and passwords you choose. If you install 3rd
party scripts you are required to check for security issues with those on a
regular basis and upgrade them as needed or as instructed to by
PenguinWebHosting. PenguinWebHosting reserves the right to disable any
script(s) that pose a potential security risk to your account or the server, or
that were not upgraded upon request, and/or suspend your entire account.
PenguinWebHosting is not responsible for any negative effects to other areas of
your site as a result of disabling one or more particular scripts.
It is your responsibility to choose secure passwords, change them
regularly, and properly manage passwords associated with your account.
PenguinWebHosting reserves the right to change insecure passwords.
PenguinWebHosting reserves the right to
amend its policies at any time. All Sub-Networks, resellers and
managed servers of PenguinWebHosting must adhere to the above
policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
Indemnification: PenguinWebHosting wishes
to emphasize that in agreeing to the PenguinWebHosting Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
PenguinWebHosting for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (ToS) that results in loss to
PenguinWebHosting or the bringing of any claim against PenguinWebHosting by any third-party. This means that if PenguinWebHosting
is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against PenguinWebHosting, plus all costs and attorney's fees.
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.
A waiver by the Company of any breach of any provision
of this Agreement by Client shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Client shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Client. Company
reserves right to cancel Clients rights under this contract at anytime
without further obligation.
PenguinWebHosting takes no responsibility
for any material input by others and not posted to the PenguinWebHosting
Network by PenguinWebHosting. PenguinWebHosting
is not responsible for the content of any other websites linked
to the PenguinWebHosting Network; links are provided as Internet
navigation tools only. PenguinWebHosting 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.
PenguinWebHosting is not responsible for
any damages your business may suffer. PenguinWebHosting does
not make implied or written warranties for any of our services.
PenguinWebHosting 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 PenguinWebHosting.
Responsibility for Content: You, as PenguinWebHosting's customer, are solely responsible for the content stored
on and served by your PenguinWebHosting server.
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