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pCyberhosting Terms of Service

Terms of Service

pCyberHosting.com strives to provide the best possible service to all of our customers, but we do not tolerate any abuse of our servers, or permit our servers to be used for unlawful activity. Therefore enforcement of this policy must be performed expediently to provide the best possible service to the remaining customers. Therefore, the terms and conditions defined here are intended to protect you, PCyberHosting and other PCyberHosting customers from harm caused by such activity.

Web Hosting Agreement

This Web Hosting Agreement ("Agreement") is made between pCyberHosting.com ("PCyberHosting"), and you ("Customer").

  1. Services Provided by PCyberHosting

    1. PCyberHosting will provide Web Hosting Services ("Service"). The Service consists of allowing the customer to publish content on on the World Wide Web.
    2. The Service includes providing the Customer with space on PCyberHosting's servers in order to store the Customer's HTML, databases, email, scripts and files, and the ability to access and update these files, for the purpose of making their content publicly accessible on the Internet as a web site.

  2. Term of Agreement

    1. The term of this Agreement is one calendar month, starting with the first day of the month, and will be renewed automaticly for subsequent terms of one calendar month in length unless terminated by either party by the last day of the month.
    2. The initial term begins on the date that the the account is activated and ends on the last day of the calendar month.

  3. Payment Policies and Fees

    1. Customer agrees to pay in full before Service is rendered. Payment for hosting is due on the first day of each month. Billing will continue on a monthly basis until Customer cancels the hosting account.
    2. The first prepayment for hosting is made the day that the hosting account is created. The amount of the first payment is calculated based on the day of the month and the monthly fee:
      • If the account is created before the 20th day of the month, then the first payment covers the initial term and is prorated for the number of days remaining in the calendar month.
      • If the account is created on or after the 20th day of the month, then the first payment amount covers the initial term, prorated for the number of days remaining in the current month, plus one additional one month term.

      The effect of the calculations in this provision is that if the Customer signs up before the 20th of the month, the Customer's first payment covers the hosting fees for the remainder of the current calendar month. However, if Customer signs up on or after the 20th of the month the first payment will cover the remainder of the current month plus the next full calendar month.

    3. After the period covered by the initial payment, Customer will pay one full month at a time due on the first of each month.
    4. Customers paying with credit card agree to authorize all recurring charges for the Service including automatic renewals, additions of extras on the Customer's hosting plan, extra bandwidth or extra disk space, additional services, or any applicable service charges.
    5. If payment is not received, PCyberHosting will attempt to notify the Customer using the contact information provided during sign up. It is Customer's responsibility to keep account contact information updated and correct. PCyberHosting will make every effort to contact Customer to resolve payment processing issues, but unless a payment plan for a past due account is agreed to by both parties, the account will be suspended if payment for the month has not been received by the 10th day of the month. Accounts more then 30 days past due will be deleted.
    6. All monetary transactions are in US dollars.

  4. Termination of Agreement

    1. Customer may cancel the Service at any time.
    2. PCyberHosting reserves the right to suspend, deactivate or cancel the Service or a portion of the Service under this agreement for violation of these terms of service or to maintian the smooth operation of the Service for other customers.

  5. "No Risk" Refund Policy and 45 Day Satisfaction Guarantee

    1. Under the "No Risk" Refund Policy, the Customer whose account is in good standing may cancel their account at any time and will be eligable to receive a refund of the a portion of the hosting fee for whole days remaining in the current term, excluding any fees not eligable for refund listed in paragraph d in this section.
    2. If cancellation is requested within 45 days of the Customer account creation, the Customer may receive a refund for hosting fees paid since the account was created.
    3. PCyberHosting will not issue refunds to Customers where this Agreement is being terminated for violations of the terms of this agreement, or if there are any overdue invoices on the Customer's account.
    4. The following fees are not available for refund and will be deducted from any refund amount when applicable:
      • Extra Bandwidth and Extra Disk Space fees: If Customer used more data transfer (bandwidth) or disk space than what comes with the customers hosting plan, then fees incurred because of this usage are non-refundable and if unpaid at the time of cancellation the fees will be deducted from the refund amount.
      • Set up fees and custom installation fees will not be refunded..
      • Domain registration: Payments for domain registration are non-refundable. Domains registered by Customer through PCyberHosting are registered in the Customers name and remain in the Customer's control even after hosting account cancellation.
      • Free domain registration: Domains registered by Customer for free through PCyberHosting as part of a hosting package that have remained active for less than six months will have the regular price for domain registration deducted from the refundable amount. Free domains are registered in the Customer's name and remain in the Customer's control even after hosting account cancellation.

  6. Warranty Policy

    1. The Service delivered by PCyberHosting is provided on an AS IS and AS AVAILABLE basis. PCyberHosting gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This warranty policy expressly excludes any reimbursement for losses of income due to disruption of service by PCyberHosting or its customers beyond the fees paid by Customer to PCyberHosting for the Service.
    2. Customer acknowledges that domain name registration is provided by a third party domain registration authority that PCyberHosting has no control over. PCyberHosting is not liable to Customer for damages caused by domain name deactivation by a third party registration authority for any reason.
    3. Customer agrees to defend, indemnify and hold harmless PCyberHosting against liabilities arising out of:
      • Any injury to person or property caused by any products sold or otherwise distributed in connection with PCyberHosting’s server;
      • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
      • Copyright infringement
      • Any defective products sold by the Customer from PCyberHosting's server.

  7. Server Abuse Policy

    1. PCyberHosting reserves the right to disable a Customer's web site without notice if PCyberHosting determines that the Customer's web site is using too much of the server's resources and is therefore abusing the server. It is then up to the Customer to contact PCyberHosting and formulate a plan to get that web site activated again. Due to the shared nature of the server and the negative impact an abusing web site has on other web sites that share the same server, PCyberHosting must act quickly to suspend any web site that abuses the server's resources.
    2. PCyberHosting's right to disable a Customer's web site is preserved regardless of the cause of the server abuse, which may include, but is not limited to, poorly written scripts, an increase in traffic to the web site, or network attack against the site.
    3. Using PCyberHosting's servers for mass email marketing or for a free email site is strictly prohibited. We do not allow mass email marketing sites on our servers. Mass email is prohibited even if mailing list is an "opt-in" mailing list. We simply do not allow sites of that nature to be hosted on PCyberHosting's shared hosting environment. Sites such as "safe lists" and "free email" are also strictly prohibited. PCyberHosting reserves the right to shutdown all such sites.
    4. PCyberHosting shall be the sole judge of what violates this Policy.

  8. "Zero Tolerance" Spam Policy

    1. PCyberHosting prohibits any unsolicited commercial email ("UCE" or "spam") from being sent over networks meeting one or both of the following conditions:
      • UCE sent over PCyberHosting' network by the customer or any other users of the PCyberHosting network (including the Customers' customers);
      • UCE sent over ANY network, if the message sent advertises or mentions a site hosted on the PCyberHosting server.
    2. PCyberHosting prohibits the posting of commercial messages ("Comment Spam") to newsgroups, bullitin boards, blogs, or other discussion web sites, using networks meeting one or both of the following conditions:
      • Comment Spam posted using PCyberHosting's network by the Customer or any other users of the PCyberHosting network (including the Customers' customers);
      • Comment Spam posted using ANY network, if the message sent advertises or mentions a site hosted on the PCyberHosting server.
    3. PCyberHosting reserves the right to terminate the services, without prior notice, of any Customer disregarding this policy. Sending unsolicited commercial email, submitting comment spam, cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a PCyberHosting email address or web site URL is prohibited. The use of PCyberHosting servers as a mail drop for responses to activities described above is also prohibited.
    4. If Customer have any complaints or comments regarding spam on our network, please direct them via email to the Report Spam address on our this page.

  9. Content Policy

    1. Customer agrees that content published through Customer's account will not violate or infringe any trademark, patent, copyright, statutory, common law or proprietary rights of others, or contain anything harmful or libelous. Any potentially illegal activity may be deactivated without warning by PCyberHosting. Customer hereby agrees to indemnify and hold harmless PCyberHosting for any claim resulting from the submission of illegal materials.
    2. Customer agrees that content published through Customer's account will not contain anything such as, but not limited to, violations of privacy, computer viruses, obscenity, pornography, and any harassing and or harmful materials or uses, which are considered to be abusive and unethical uses of the service. Customer hereby agrees to indemnify and hold harmless PCyberHosting from any claim resulting from the Customer's publication of materials or Customer's use of those materials.
    3. PCyberHosting is not obliged to give notice to the Customer before deactivating the use of accounts that PCyberHosting decides is considered a violation of the terms of service, or is an abusive or unethical use of the service.
    4. If a Customer wishes to host a site with PCyberHosting and is unsure if it meets the criteria of this provision, the Customer should contact PCyberHosting before placing content on Customer's account.
    5. PCyberHosting does not host sites of its competitors or web pages promoting sites of its competitors.
    6. PCyberHosting will be the sole arbiter as to what constitutes a violation of this provision.

  10. Scripts Policy

    1. Customer agrees to not install any scripts that are identified by PCyberHosting as being harmful to normal server operation ("Banned Scripts"). The list of banned scripts include but is not limited to the following:
      • UltimateBBS (all versions)
      • Ikonboard (all versions)
      • YABB + YABB se (all versions)
      • Matts formmail, All versions.
      • FormMail.pl (all versions except the secure version v1.9s from www.monkeys.com) - CgiEmail
      • Eggdrops and IRC Bots (PSYBNC, etc.)
      • IRC Servers/clients (ircd, etc)
      • IRC BNCs (PsyBNC, BNC)
      • Network/System Security Auditing Tools
      • Exploits
      • Daemon Processes
      • Game Servers
      • Proxy Servers
      • Web/CGI based telnet servers
      • The Anonymizer
      • Portscanning CGIs
      • Security Auditing CGIs
      • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
      • Any script that uses & processes a massive number of flatfiles or large flatfile databases.
    2. Each account comes with its own cgi-bin. Customer is free to use any CGI scripts they wish as long as they are not Banned Scripts, however PCyberHosting reserve the right to disable any CGI script that affects normal server operation or service to other PCyberHosting customers. Customer will be notified in 24 hours about offending cgi script.
    3. PCyberHosting enforces a strict "No SSH" policy. PCyberHosting reserves the right to suspend, without prior notice, any Customer web site that uses a script which can be used to elevate privileges or enable SSH services.
    4. The Customer acknowledges that PCyberHosting support for hosting plans does not include support for any scripts installable using the Control Panel. These are 3rd Party script and Customer will need to contact the authors of those scripts for support. PCyberHosting technical support does include support for the Server and Server related softwares.

  11. Traffic Policy

    1. Any deliberate attempt to cause damage to PCyberHosting or any other Internet servers will result in immediate account deactivation without prior notice. Refund if forfeited in this case.
    2. PCyberHosting reserves the right to withdraw the offer of the Service to anyone if it is decided that the intended use is not appropriate for PCyberHosting's server environment. PCyberHosting allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, or they are mirror sites or any site whose primary purpose is file distribution. PCyberHosting customers are discouraged from storing any files that cause excessive traffic on PCyberHosting servers. PCyberHosting will be the sole judge of what uses are appropriate under this provision.

  12. Backups

    1. Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Customer's responsibility to maintain local copies of their web content and any data in the server database for their web site.
    2. The "Backup Manager" is included in each hosting plan that can used by the Customer to back up their files, and data. If loss of data occurs due to an error of PCyberHosting, we will attempt to recover the date for no charge to the Customer. If data loss occurs due to negligence of the Customer in securing their account or by an action of the Customer, PCyberHosting will attempt to recover the data from the most recent archive for a $50.00 fee.

  13. No Partnership

    This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other party's behalf

  14. Resolving Disputes

    If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in San Francisco, California. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in San Francisco, California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

  15. Partial Invalidity or Unenforcability

    If any part of this Agreement is determined by a court of jurisdiction or a governmental regulatory entity to be invalid or unenforceable, that part of the Agreement shall be limited or interpreted in such a way as to make it enforceable consistent with intentions of the parties. If such limitation or interpretation is not possible, the invalid or unenforceable part will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.

  16. Governing Law

    This Agreement will be governed by the laws of the State of California.

  17. PCyberHosting reserves the right to amend our Terms and Conditions at any time and without notice. PCyberHosting reserves the right to change this Agreement by posting a publicly available copy at this location without specific notice to Customer. Customer agrees to ratify such changes and hold Provider harmless from any claim resulting from such changes. Customer acknowledges the responsibility to periodically review this agreement for any changes.