Terms and Conditions of Service of PayPerHost.com

Introduction

THIS SITE IS OWNED AND OPERATED BY PAYPERHOST LLC. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS PAYPERHOST WEB SITE OR SERVICES. BY ACCESSING OR USING THIS SITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR USE THIS SITE OR OUR SERVICES.

Changes to Terms and Conditions

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS OR SERVICES AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE OR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

Privacy Policy

Registration and other information about you are subject to PayPerHost.com's privacy policy and shall only be used in accordance with that policy. For more information, please go to the PayPerHost.com’s Privacy Policy. Please review the Privacy Policy before you use our Services. By accessing and/or using the Site or our Services, you will be deemed to have accepted the terms and conditions of the Privacy Policy. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must immediately cease using our Services.

Services

PayPerHost.com (herein referred to as "we", "us" or "our") provides web hosting and Reseller hosting services ("Services") to you on pay-as-you-go basis for storage and number of domains used by you, subject to these Terms and Conditions of Service. You can use as many domains and disk space as needed on pay-as-you-go basis.

Membership

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. We have the right to terminate your membership at any time in our sole discretion.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site or Services through your internet connection are aware of these terms, and that they comply with them.

You are responsible for all use of your account and for any information, material and files you make available by our services and we assume no responsibility or liability for such information.

Membership Eligibility

Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian.

If you are registering as a business entity, you represent that you have the authority to bind that entity to this Terms of use.

You agree to keep your membership information, including email address, residential address, and telephone number, current at all times.

You agree not to allow any other person to use the PayPerHost.com website or our Services using your account and Member Name.

Billing and Refunds

Our Services are provided on a pre-pay basis. Prior to activation of Services your account must have funds in it. You are required to top up your account and your account balance will then be reduced on daily basis according to our pricelist. We reserve the right the change the pricelist at any time at our sole discretion. You will be notified by email of any changes in pricelist, however, you are required to regularly check the updates on our website for any changes.

When your account balance zero, your account will be immediately terminated, and all data you have stored on our systems will be removed after 14 days of insufficient balance.

If at any time you intend to discontinue our services, you can contact us. If you inform us to terminate Services within 30 days of registration, you will receive full refund of funds in your account. If you inform us to terminate Services after lapse of 30 days of registration, you will receive refund of funds remaining in your account at the time of your request to refund after deducting the outstanding charges if any. Once a refund is issued, your account will be terminated.

We will try to issue the refund via the payment method you used to fund your account. If we are unable to do this, we refund your funds via PayPal.

If you violate any of these Terms and Conditions or any rules and regulations of applicable law, we may at our sole discretion terminate your account immediately.

PayPerHosts' Anti-Spam Policy

Section 5(a) of the CAN-SPAM Act of 2003 sets forth the basic legal principles that differentiate legal and illegal commercial email. See 15 U.S.C. § 7704(a). According to these principles, the senders of commercial email will be engaging in legal activity, so long as:

  1. The header of the commercial email (indicating the sending source, destination and routing information) doesn't contain materially false or materially misleading information;
  2. The subject line doesn't contain deceptive information;
  3. The email provides "clear and conspicuous" identification that it is an advertisement or solicitation;
  4. The email includes some type of return email address, which can be used to indicate that the recipient no longer wishes to receive spam email from the sender (i.e. to "opt-out");
  5. The email contains "clear and conspicuous" notice of the opportunity to opt-out of receiving future emails from the sender;
  6. The email has not been sent after the sender received notice that the recipient no longer wishes to receive email from the sender (i.e. has "opted-out"); and
  7. The email contains a valid, physical postal address for the sender.

Violations of these principles constitute "unfair or deceptive acts or practices" that are subject to enforcement action by the Federal Trade Commission ("FTC"), and certain other Federal agencies.

It is important you understand that, while the usual meaning of "spam" is email sent in bulk to recipients who didn't ask for it, the CAN-SPAM Act (despite its name) regulates commercial email, whether sent individually or in bulk. PayPerHost maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM"). To avoid action under our Acceptable Use Policy (“AUP”), please familiarize yourself with the CAN-SPAM Act by following this link: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

PayPerHost reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification and without refund of the remaining balance.

To report an incidence of SPAM, please contact us.

Content and Acceptable Use Policy (“AUP”)

You are solely responsible for any and all content that you submit using our Services. You agree that when using our services you will not:

We reserve the right to terminate your account if you violate any of these rules are violated.

You are solely responsible for following applicable local laws.

Input-output operations per second (IOPS) and bandwidth resources are limited by fair use. We reserve the right at our sole discretion to limit bandwidth, IOPS, memory or number of processes where it is necessary to prevent negative impact on other users of our services.

Our limits on sending emails are as follows:

Changes to Services

We reserve the right at any time to modify or discontinue, either temporarily or permanently, our services or any portion thereof, with or without prior notice.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAYPERHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE PAYPERHOST.COM SERVICES. 

PAYPERHOST.COM MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE OR BY US WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES PAYPERHOST.COM MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PAYPERHOST OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF SERVICES.

The aggregate liability of PayPerHost.com to you for all claims arising from or related to the services or the PayPerHost.com Content is limited to the lesser of the fees paid by you to PayPerHost for services provided by us.

Exclusion of Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to indemnify, defend and hold PayPerHost and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of our Services or this site or any web site to which this site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this site or our Services; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination of Account

PayPerHost shall have the right, at any time and for any reason, including but not limited to your violation of these Terms and Conditions of Service, to limit, suspend, or terminate your use of our services, and to discard any of your content. Such termination may be performed without prior notice, and we may immediately deactivate and/or delete your content, and bar you from all access to said content and our services. We will not be liable to you, or any third party, for any termination of your access to our services.

If we terminate your service because you violated these Terms and Conditions of Service, we reserve the right to retain, in portion or in whole, any balance of funds that remains in your account as liquidated damages. You remain liable for any and all damages you cause us or our members by your violation of these Terms and Conditions of Service.

General

The Terms constitute the entire and exclusive and final statement of the agreement between you and PayPerHost with respect to the subject matter hereof, and govern your use of our Services, superseding any prior agreements or negotiations between you and PayPerHost with respect to the subject matter hereof. The Terms and the relationship between you and PayPerHost shall be governed by the laws of state of Florida, without giving effect to any principles of conflicts of law. Dispute or claim shall be subject to the exclusive jurisdiction of the Florida courts. Foreign laws do not apply.

PayPerHost's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction, you and PayPerHost nevertheless agree that the court should endeavor to give effect to your and PayPerHost's intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contact Us

You can contact us via mailing address or by e-mail provided on our contact page.

 

 

PAYPERHOST LLC

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