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Web Hosting Provider TOS

Small Business Web Hosting

TERMS & CONDITIONS OF SERVICE

Pangea Webhosting ("Pangea") is a web hosting provider to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. These terms and conditions are to protect our customers and ensure equal performance for all users.

Privacy Policy

Pangea has a strict privacy policy. Only the individual whose name is upon the account(s) will be permitted to request changes to said account(s). Likewise, inquiries into Customer information will be answered to the Account Holder only. However, we will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Content

All services provided by Pangea 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, or any International laws is prohibited. This includes, but is not limited to:
copy righted 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 Pangea from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on Pangea's servers. This includes sites that links to such content. We do allow soft adult content, including sex-related merchandising on some servers. Please contact sales if you are planning to have this on your site.
If general if you are unsure whether or not your site falls into this category feel free to us with a description before signing up for an account or publish material as an existing customer.
Pangea will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Pangea servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software.
Pornography.
Violations of Copyrights.
Hacker programs or archives.
Warez sites.
Hate propaganda
Gaming sites
Anime
Top-Sites.
Pangea will be the sole arbiter as to what constitutes a violation of this provision.

MP3 and other music files

We do not allow the storage or distribution of MP3 files containing copyrighted music. You may distribute MP3 files of music you have created.

Unsolicited Commercial E-mail (SPAM)

Spamming, or the sending of unsolicited email, from a Pangea server or using an email address or domain that is maintained on an Pangea machine as reference is STRICTLY prohibited. As delegated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed.
Pangea will be the sole arbiter as to what constitutes a violation of this provision.
Spamming WILL get your account terminated.

All accounts

We have found most our customers to stay within "reasonable limits" However, to maintain the integrity of our service, we must state the following restrictions:
To all our accounts applies the following restrictions:
Multiple hosts resolving at an IP or domain name
that we provide without our prior permission.
Sites with cgi's running from their domain used on other domains.
Sites using more than 10% of system resources on any one server.
Sites running daily above 1 cpu of processor power.
Pangea will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms

We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, we provide a chat system with all our hosting plans which you may use free of charge.



Billing


Recurring Billing: We send out invoices several days before your account becomes due. All credit cards are billed automatically on the anniversary date of your account. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason we will suspend the web site and send an e-mail with instructions for submitting a new credit card. If a new credit card is not submitted within 24 hours the web site will be deleted without further warning.
If your web site is important, you are strongly recommended to pay using a credit card, not a debit card (which are more prone to failures) or to pay annually (for which you will receive a discount). Payments with PayPal should be made before the due date to avoid account suspension. 

Account Cancellations

To cancel an account please contact us with your domain name, username and password. Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only be considered cancelled once we have conformed by e-mail that we have cancelled it for you. If you have not received conformation from us it means your account is still open and you will be billed for all services provided until we have given such confirmation.
Pangea will not be held liable for the non arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us. All accounts are RENEWED and billed automatically if no cancellation request has been received!

Correspondence

In the event of written notification of account termination being sent by Pangea to a customer, any such communication sent by normal post shall be considered received by the customer.

Background Running Programs

CRON JOBs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC: We do not allow IRC or IRC bots to be operated on our servers.

Telnet/SSH

Pangea provides SSH (secure telnet) access on some accounts. SSH access is provided for the purpose of testing scripts and carrying out site maintenance. It is not provided for any other purpose and there is no warranty of any kind should SSH fail to function for off server connections or activities. Going outside the user's own account files will lead to immediate and permanent cancellation of SSH access.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Pangea is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Domain name registration

Domain names registered for use with web hosting accounts provided by Pangea are registered by Pangea. Pangea is listed as technical, admin (and sometimes billing) contact for the domain name. These contact details can be changed at the customers request, but we reserve the right to cancel any hosting agreement connected with the domain name if this is done.
Domain name registration fees are not refundable. It is the customers responsibility to ensure that all names are spelled correctly prior to ordering domain names.


Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.


Limitation of liability

Your use of Pangea's services are at your sole risk. All Pangea services are provided on an
"AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
Pangea makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Pangea service.


IN NO EVENT WILL PANGEA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PANGEA'S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of United States of America. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.
Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Tampa, USA, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
Pangea reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Pangea, you signify your agreement to these Terms of Service.
If you do not agree to these Terms, then please don't submit an order!

Violations of these Acceptable Uses Policies and Terms of Service should be reported to us online by clicking here to contact us.
All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate account deactivation without refund.

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