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TOS

TOS aka Terms of Service for PlotHost Services

Terms of Service (TOS)

Revision date: 27.07.2010

Privacy
PlotHost will not sell, distribute, reveal, or otherwise make available any customer information to any other third-parties. We are involved 100% in prosecuting spammers. Should we need to contact you directly regarding your specific account or service we will do so via email only.

15 days Money Back Policy
If for any reason you are unhappy with the hosting services you receive from PlotHost during the first 15 days of service, you may request in writing via email that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are canceling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. We do NOT refund payments for domain services (like domain registration/transfer etc). The 15 days money back policy applies only to monthly hosting subscriptions.

New Accounts
All new web hosting accounts purchased from PlotHost are not set up instantly . It will be needing activation by a team member pending a security check. Usually, this happens within 3-4 hours. When you purchase a web hosting account from PlotHost, you agree to the TOS and AUP.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

Payments
When you subscribe to our services, you are subscribing to a pre-paid service. All payments will be charged using Paypal or AlertPay payment services. Renewal notices are sent several times via email from 5 to 0 days before the renewal date. Accounts 5 days past due will be suspended. Accounts 20 days past due will be terminated.

Cancellations
If you wish to cancel your services, you must write to sales or request a Cancellation from your client area.

If you cancel your account and your payments still continue for any reasons such as 1) by fault of PlotHost staff 2) by fault of the payment processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination
If for any reason, PlotHost fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces PlotHost to suspend or terminate your services prematurely.
If for any other reason your account becomes suspended and remains suspended it will be deleted after a 20-day period.

 

Content
All services provided by PlotHost 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. The subscriber agrees to indemnify and hold harmless PlotHost from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to PlotHost' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software 
hacker programs or archives 
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, PlotHost WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of PlotHost is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled without chance of a refund.

We do not allow Web Proxy Services / Scripts or file hosting services on our Server. No remote uploading/processing scripts usage like rapidleech, Phpmusicsearch, rapidshare premium link generator etc are not allowed on our server. Torrent seeding using torrentflux or similar script may also cause a suspension in our network immediately. You are also not allowed to host an Image Hosting site with us which takes lots of cpu resources and abuse the server memory. Although, we do allow video streaming using FFMPEG on the server till you are in the acceptable cpu range, though if malicious material is found through a complaint to abuse department, certain action will be taken at an urgent manner. You are not allowed to run any cron less than 30 minutes

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

All sub-networks, distributive hosting sites and dedicated servers of PlotHost must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

UCE, UBE, Spam
PlotHost has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as “spam”. The definition of spam:
An electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiable granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with “UCE/UBE Abuse” if you send any email to persons who have not specifically asked to receive an email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any PlotHost customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server’s uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

# You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.

# Bulk mailings must specifically state how the persons’ e-mail addresses were obtained and must indicate the frequency of the mailing.

# Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this to be in the form of a working link to a one-click unsubscribe system; however, a valid “reply to:” address may be used instead.

# All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.

# All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender.

Prohibited Uses of PlotHost Hosting Systems and Services Regarding Spam

# Sending Unsolicited Bulk Email (”UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through PlotHost servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on PlotHost servers, is prohibited. PlotHost or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

# Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by PlotHost customers must be Closed-loop (”Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any PlotHost-hosted domain, or referencing any PlotHost account, is prohibited.

# Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

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

Limitation of Liability
PlotHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from PlotHost ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, PlotHost 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 PlotHost ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to abuse@plothost.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
PlotHost cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by PlotHost are resold. Thus, certain equipment, routing, software and programming used by PlotHost are not directly owned or written by PlotHost. Moreover, PlotHost holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as PlotHost sees fit.

Server Uptime Guarantee
PlotHost guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. We don't consider as downtimes the periods when our servers are under DDOS attacks.

PlotHost reserves the right to amend any or all of the above policies, guidelines, and disclaimer without notification. We also retain the right to modify any pricing and make changes to our account plans without notification.


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