Terms of Service
PamaHosting.com provides web hosting to clients worldwide, and we have a
responsibility to protect each client and to provide the best services available.
All clients of PamaHosting.com are subject to the following terms of service:
General Policy
You agree to use all PamaHosting.com services and facilities at your own risk.
PamaHosting.com specifically disclaims all warranties of merchantability and
fitness for a particular purpose. In no event shall PamaHosting.com be liable
for any loss, or loss of data, or other commercial damage, including but not
limited to special, incidental, consequential or other damages. Customer agrees
that it shall defend, indemnify, save and hold PamaHosting.com harmless from any
and all demands, liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against PamaHosting.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, it’s agents,
employees or assigns. Customer agrees to defend, indemnify and hold harmless
PamaHosting.com against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise
distributed in connection with PamaHosting.com’s server.
PamaHosting.com reserves the right to intervene with any of the sites hosted on
its' servers in the interest of its' customers. Any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party
Copyright infringement any defective products sold to customer from
PamaHosting.com’s server. PamaHosting.com shall be the sole judge of what
violates this Policy.
Billing
At this time we bill monthly, quarterly, semi-annually and annually, depending
upon the plan. We accept Visa, Master Card, American Express, Discover Card.
For webhosting plans we will setup your account without any paying.
Clients are encouraged to pay by credit card as it is the easiest way to handle
payment at this time. Their are no contract periods but for each successive
period, your contract is automatically renewed unless we are notified otherwise.
Late Payments
All accounts are billed according to the dates they were first activated on.
If you will not pay for service renew in 5 days after deactivation, your account
will be suspended. If you will not pay for service renew in 30 days after
deactivation, your account will be terminated. You will receive an email
reminder 5 days till deactivation.
Acceptable Use Policy
All services provided by PamaHosting.com may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any United States Federal, State or City law is prohibited. This
includes, but is not limited to: copyrighted material, material we judge to be
threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless PamaHosting.com and its
employees from any claims resulting from the use of the service which damages
the subscriber or any other party. Our acceptable use policy is actively and
strictly enforced. Offending content or users are suspended from our network,
usually as soon as they are discovered, although we will always inform you when
and why any action has been taken. Pornography is prohibited on all
PamaHosting.com servers. This includes sites that include sexually explicit or
hardcore images and/or advertising. We do not have a problem with sites of an
adult nature, but we do not allow pornographic sites. If you think your site
may violate our Terms Of Service, please ask us before signing up for an account
so that we may determine if we can host your site. PamaHosting.com reserves the
right to determine what is and what isn't acceptable for our servers.
Subscriber 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, subscriber agrees that the company shall not
be liable for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
Illegality in any form, including but not limited to the unauthorized
distribution or copying of copyrighted software or other data, harassment,
fraud, trafficking in obscene material. Undesirable Content Certain types of
content are not allowed on our network. Content relating to Hacking, Cracking,
Warez and IRC is not allowed. Software, audio and video downloads may only be
hosted if you are the writer and copyright owner of the resources or you have
a right to distribute the materials. Accounts suspended due to content or AUP
violation are not refunded under any circumstances.
CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you
wish, however we reserve the right to disable any CGI script that effects normal
server operation without prior warning.
The following scripts are banned from use on our servers and may not be uploaded
or run. Reasons for banning them include adverse effects on server load,
invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
Hivemail
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
phpShell
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a one
on one basis. If allowed extra charges will be assessed based on resources on
system maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Backup
PamaHosting.com is not responsible for backups for mySql databases. Subscriber
acknowledges that they will backup their own databases from the backup utility
provided from their control panel. PamaHosting.com will however do other
backup's of websites, images, cgi-bin, mail, etc.
Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved
in the transmission of spam, flames, or mail bombs. Your domain may not be
referenced as originator, intermediary, or reply-to address in any of the above.
SPAM /illegal content advertising sites on other servers which in turn contain
links to a domain on our servers is prohibited. We consider spam any mass
unsolicited message in the mediums of Newsgroups and Email. If you are found to
have spammed, then we will immediately, without warning, disable your domain.
In addition, we will impose a $100 penalty for each spam policy violation. We
reserve the right to refuse or cancel service to known spammers. Lastly, we
reserve the right to determine what violates this policy. As such, any violation
will result in immediate deactivation of services without refund. Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited.
Limitation of liability
PamaHosting.com shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from PamaHosting.com
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, PamaHosting.com shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption or
deletion of any web site from one of PamaHosting.com servers. All damages shall
be limited to the immediate termination of service. Violations of these
Acceptable Uses Policies should be referred to info@PamaHosting.com. All
complaints will be investigated promptly.
Disclaimer
PamaHosting.com cannot be held liable for system downtime, crashes, or data loss.
We cannot be held liable for any predicted estimate of profits in which a client
would have gained if their site was functioning. Certain services provided by
PamaHosting.com are resold. Thus, certain equipment, routing, software, and
programming used by PamaHosting.com are not directly owned or written by
PamaHosting.com. Moreover, PamaHosting.com holds no responsibility for the use
of our clients accounts. If any terms or conditions are failed to be followed,
the account in question will be automatically deactivated. We reserve the right
to remove any account without advanced notice for any reason without restitution
as PamaHosting.com sees fit. FURTHERMORE, PamaHosting.com retains the right to
change any or all of the above Policies, Guidelines, and Disclaimer without
notification.
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