TERMS OF SERVICE
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) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. If any of these are found on the sites, the material will be deleted immediately.
Examples of unacceptable material:
Hack programs and archives
File Distribution Sites (many files offered for download)
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 option” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve 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. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve 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 Your Personal Hostess. 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 Your Personal Hostess 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 gaming servers such as counter-strike, half-life, battlefield1492, etc
f) Run any form of paidtosurf sites. These sites use up too much resources and cause problems with everyone. These sites are required to use a dedicated server.
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 transfer in one month cannot be carried over to the next month.
Customers may use their web space to ONLY store their web site.
You may not download files to your account, unless the file is to become part of the web site.
You may not store personal files on your account. Web space is not for personal backups!
All files on your web space must be linked to pages. That is, you may not have “orphaned files” (files that are not part of the web site). Please do maintenance from time to time and delete files that are no longer used.
Always delete temporary files. Do not store thousands of files on a single directory. This slows down access to the file system, and will make the delivery of your files slower.
In an effort to maintain the high standards of service provided by Your Personal Hostess, our Web Hosting plans do not allow the mass storage of the following file types (as well as other similar types):
Our servers are NOT to be used as a mass storage area. If anyone is found to be in violation of our TOS will be suspended and a $10 reinstatement fee will be charged.
Bandwidth and Disk Usage. Your Personal Hostess provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in Your Personal Hostess’s web pages describing the package of Services purchased at the time of purchase. In some cases, Your Personal Hostess may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Your Personal Hostess reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by Your Personal Hostess for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Your Personal Hostess as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with Your Personal Hostess.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Your Personal Hostess will monitor User’s use of bandwidth, disk usage and other resources. Your Personal Hostess, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in Your Personal Hostess’s sole and absolute discretion.
If Your Personal Hostess takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User’s national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Your Personal Hostess learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Your Personal Hostess may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Your Personal Hostess will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Your Personal Hostess does not take responsibility if e-mail notification(s) is not received by the User. Your Personal Hostess reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
10.) Money back Guarantee
On dedicated servers, and collocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
11.) 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 change the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, 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 any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 Your Personal Hostess’s server.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We 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 us and our employees.
14.) Late Fees, Reinstatement Fee and Account Deletion
There is a $5 late fee added if your account is 5 days past due. 7 days past due will result in suspension.
If account is suspended for ANY reason, there is a $10 reinstatement fee added.
Accounts over 30 days late will be deleted automatically from our servers.
15.) Changes to the TOS
We reserve the right to revise its policies at any time without notice.