Terms and Conditions
The Services We Provide
In exchange for the fees you pay in
advance, Promotion Host will host your website on one or more of our servers, so
long as you abide by the terms and conditions that are set forth on this page,
and in any other agreements that relate to the services provided to you. Promotion will provide the services according
to the specifications listed for the hosting package you select during the sign-up. For clarity, on this page, the term
"services" refers to the web hosting services that Promotion Host
will provide to you. The terms "Promotion
Host" or "us" or "we" refer to Promotion Host.
Permission to Host Your Content
In order for Promotion Host to host your
website, it is necessary for you to upload your content to our servers. When you upload your files, you are creating
one or more copies of your content on our system. By purchasing web hosting services from Promotion
Host, you acknowledge that these copies are being made, and give us permission
to maintain these copies and make them available on the Internet. You are
solely responsible for providing all of the content and other data that make up
your website.
Personal Information
When you place an order for our services,
your personal information, including your credit card information, is
transmitted via the use of Secure Socket Layer technology, the industry
standard for encrypting sensitive information. We take your privacy very seriously, and as
such, will not sell your personal information to third party (other than a company
that may purchase Promotion Host), and will take reasonable steps to keep it
from being disclosed to any third party. Read more in our Privacy Policy, below.
You consent to be called by a
representative of www.promotionhost.com via telephone and/or emailed important
information about Promotion Host products and services.
Backups
We will make every attempt to retain
nightly backups. However, as with any
data storage systems, backups can fail. We
encourage you to perform your own backups on a periodic basis.
Because the Services permit Users to
electronically transmit or upload content directly to the User Web site, User
shall be fully responsible for uploading all content to the User Web site and
supplementing, modifying and updating the User Web site, including all
back-ups.
·
Any file over 40MB in size will not be
backed up onto our backup servers and in the event of server failure will not
be recoverable.
·
Promotion Host shall not be responsible for any damages
to the User Content, the User Web site or other damages or any malfunctions or
service interruptions caused by any failure of the User Content or any aspect
of the User Web site.
·
User is solely responsible for making back-up copies of
the User Web site and User Content.
·
Promotion Host does not maintain backup copies of User
Web sites or e-mail. Promotion Host
cannot guarantee that the contents of a Web site will never be deleted or
corrupted, or that a back-up of a Web site will always be available. Users
should always copy all content of a Web site to a local computer and Promotion
Host strongly suggest that Users make an additional copy (on tape, CD, DVD, Flash
Drive, NAS, another desktop, or elsewhere) to ensure the availability of the
files.
Acceptable Use/Illegal Activity
Promotion Host strives to maintain a
high-level of service as our customers depend on reliable service. As such, we will not provide services to those
that are using our services for:
·
Hacking, which include, for example penetrating or
attempting to access, without authorization, another computer or network. Port
scans, stealth scans, and fraudulent credit card "phishing"
techniques are also prohibited.
·
Hosting of files or other data that infringes on
another's copyright or other intellectual property rights.
·
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which
includes the sending of unauthorized commercial messages by use of our
services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service
based on reasonable indications that you are engaged in spamming of any sort.
·
Uploading or linking to any content that violates
another's right of publicity or privacy.
·
Distributing hate speech, or any other content that is
obscene, abusing, this could be considered libelous and defamatory.
·
Hosting, storing, or distributing child pornography. If any such content is found and brought to
our attention, the proper law enforcement agencies will be notified.
·
Hosting large amounts of data not specifically tied
("linked") to your hosting account. Promotion Host encourages users looking for file storage/backup
solutions to seek other services that specialize in this.
Content
All services provided by Promotion Host may
only be used for lawful purposes.
The customer agrees to indemnify and hold
harmless Promotion Host from any claims resulting from the use of our services.
Use of our services to infringe upon any
copyright or trademark is prohibited. This
includes but is not limited to unauthorized copying of music, book publications,
photographs, software, or any other copyrighted work. The offer of sale of any
counterfeit merchandise of a trademark holder will result in the immediate
termination of your account. If you
believe that your copyright or trademark is being infringed upon, please email www.promotionhost.com/support
with the information required.
Examples of unacceptable material on
all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers,
Pirated Software / Warez, image, filedump, mirror, or banner-ad services
(similar to rapidshare, photobucket, or commercial banner ad rotation),
affiliate servers, topsites, commercial audio streaming (more than one or two
streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment
sites (e.g. FOREX, e-gold exchange), sale of any controlled substance without
prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank
Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's,
hate sites, hacker focused sites/archives/programs, or sites promoting illegal
activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or
downloads, MP3 Files, Games and shareware is also not permitted on any Promotion
Host server.
Using a shared account as a backup/storage
device is not permitted, with the exception of one cPanel backup of the same
account.
Examples of unacceptable material on
Dedicated servers include:
Pirated Software / Warez, Escrow,
High-Yield Interest Programs (HYIP) or related sites, Investment sites (e.g. FOREX,
e-gold exchange), sale of any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading
Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP Scanners,
Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites
that distribute or link to warez content are prohibited.
Promotion Host services, including all
related equipment, networks and network devices are provided only for
authorized customer use. Promotion Host systems may be monitored for all lawful
purposes, including ensuring that use is authorized, for management of the
system, to facilitate protection against unauthorized access, and to verify
security procedures, survivability and operational security. During monitoring,
information may be examined, recorded, copied and used for authorized purposes. Use of Promotion Host system(s)
constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to
anyone. Any material that, in our
judgment, is obscene, threatening, illegal, or violates our terms of service in
any manner may be removed from our servers (or otherwise disabled), with or
without notice.
Failure to respond to email from our abuse
department within 72 hours may result in the suspension or termination of your
services. All abuse issues must be dealt
with via support ticket/email and will have a response within 72 hours.
If in doubt regarding the acceptability of
your site or service please contact us at www.promotionhost.com/support and we will
be happy to assist you. Potential harm
to minors is strictly forbidden, including but not limited to child pornography
or content perceived to be child pornography (e.g. Lolita). Any site found to host child pornography or
linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be
terminated with or without notice.
Violations will be reported to the
appropriate law enforcement agency. It is your responsibility to ensure that
scripts/programs installed under your account are secure and permissions of
directories are set properly, regardless of installation method. When at all possible, set permissions to be as
restrictive as possible. Users are
ultimately responsible for all actions taken under their account. This includes
the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account
may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords
from being used. If an audit is
performed, and your password is found to be weak, we will notify you and allow
time for you to change/update your password. All files over 10MB must be linked from files
within the same account and also publically available through any domain name
attached to your account. Large files (files over 10MB) should not take up more
than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double
opt-in" will be treated as spam. Any
user who sends out spam will have their account terminated with or without
notice. Sites advertised via SPAM (e.g. Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent via fax,
email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO
may be hosted on our servers. Any
account which results in our IP space being blacklisted will be immediately
suspended and/or terminated. Promotion
Host reserves the right to require changes or disable as necessary any web
site, account, database, or other component that does not comply with its
established policies, or to make any such modifications in an emergency at its
sole discretion. Promotion Host reserves
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 entirely at the
discretion of Promotion Host.
Resource Usage
User may not:
Use 25% or more of system resources for
longer than 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side
processes at any point in time on the server. This includes any and all
daemons, such as IRCD.
Run any type of web spider or indexer
(including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an
IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker,
or client. You may link to legal torrents off-site, but may not host or store
them on our shared servers.
Participate in any
file-sharing/peer-to-peer activities on our shared servers
Run any gaming servers such as
counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less
than 15 minutes
When using PHP include functions for
including a local file, include the local file rather than the URL. Instead of include
("http://yourdomain.com/include.php") use include ("include.php")
While our shared services are suitable for
the bulk of our customers, there comes a time for some websites when they are
better suited for a larger plan, which allows for more dedicated CPU and memory
resources. We reserve the right, in our
sole discretion, to discontinue service to any customer with a website or other
hosted data that takes up more than 10% of the server resources and/or 10% of
the server's CPU. This means that if your website is found to be utilizing more
than 10% of the CPU and memory of the service, we reserve the right to take
your site offline. If this becomes
necessary, you can either upgrade your hosting package, or request a pro-rated
refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability
to act quickly to correct these situations to avoid server issues, we will do
everything reasonably feasible to provide you with a warning prior to taking
your site offline, but we accept no obligation to do so.
INODES
The use of more than 50,000 inodes on any
shared account may potentially result in suspension. Accounts found to be exceeding the 50,000
inode limit will automatically be removed from our backup system to avoid over
usage. Every file (a webpage, image
file, email, etc) on your account uses up 1 inode. Sites that slightly exceed
our inode limits are unlikely to be suspended; however, accounts that
constantly create and delete large numbers of files on a regular basis, have
hundreds of thousands of files, or cause file system damage may be flagged for
review and/or suspension. Over time, tens of thousands of messages (or more)
build up, eventually pushing the account past our inode limit. To disable your
default mailbox, login to cPanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in:
:fail: No such user here
When the Services Will be Available
We will attempt to provide the services 24
hours a day, 7 days a week for as long as you have paid for them. Sometimes,
however, for a number of reasons, the services may be unavailable to you. You
must recognize and acknowledge that due to the nature of web hosting
technology, occasional unavailability of the services cannot be avoided.
Sometimes there are equipment malfunctions. At other times we undertake periodic
maintenance procedures or repairs. Still
other times, there are causes beyond our control like power failures,
interruption or failure of telecommunication or digital transmission links,
hostile network attacks, network traffic and other occurrences. We have not promised to provide you with
uninterrupted service.
Guarantee
As we explain in this paragraph, we offer
you 30-Day Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy
works: If you cancel your account within
30 days we will provide you with a full refund, excluding any setup fees that
were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free
through one of our promotional plans)
The domain registration fee we incur on
each domain registration is $20.00 USD. So all refunds are subject to a $20.00
USD registration fee charge, but you will own the domain name afterwards. If you purchased a domain name only, there are NO REFUNDS for these purchases. You may cancel the domain so that it is not billed in next renewal period. The only way to cancel your account is by
emailing our billing team at www.promotionhost.com/support. NOTE: all fees are assessed in United States
Dollar (USD) denomination.
Please note: Any account upgrades to hosting services such
as additional domain registration, Priority Support, Promotion Host Directory,
Daily Backup, Dedicated IP, Domain Privacy, Private SSL certificates and Shell
Access are non-refundable. In addition,
we do not offer refunds on dedicated server plans as they are month to month
and there are no contracts involved. Promotion
Host also reserves the right to cancel your account with 72 hours notice should
an event occur in which proper evidence exists that a customer was
exceptionally rude or vulgar in communications with our staff.
Joining Promotion Host
When you sign up, your Promotion Host
account will be enabled with auto-renewal, which means that when your renewal
date arrives, your hosting plan and domain will be renewed. When it is time for
renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you
would not like to renew your account, you must cancel 14 days prior to your
renewal date. If you have any questions as to when your renewal date is, simply
email us at www.promotionhost.com/support. If you fail to cancel 14 days prior to
renewal, your account will be renewed for a new term, so please be sure to
contact us prior to your renewal date.
If more than 30 days pass from the date on
which any invoice for the hosting services is issued to you and we have not
received payment in full, we will suspend your account, which means that your
data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all
amounts due, bringing your account up to date, we will take your account out of
suspension and the data will be available again immediately.
If, however, 30 days pass from the date on
which your account is suspended and you have not made payment in full, Promotion
Host shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in
making payments, your data will be deleted. You hereby acknowledge that this is Promotion
Host's policy when it comes to data retention, and waive all rights in and to
your data in these situations.
These Terms of Service May Change
Due to our evolving business, and the
changing nature of the web hosting industry, these terms of service may change.
We will post the changes here, and your continued use of the service means you
accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium
Copyright Act, we have adopted a policy to suspend or terminate the accounts of
website owners found to be in violation of copyright. We respect the intellectual property of
others, and we ask you to do the same. We
may, in appropriate circumstances and at our discretion, disable and/or terminate
the accounts of users who repeatedly infringe on copyrighted material. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide our Copyright Agent
(identified below) the following information:
·
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
·
a description of the copyrighted work or other
intellectual property that you claim has been infringed;
·
a description of where the material that you claim is
infringing is located on the site;
·
your address, telephone number, and email address;
·
a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
·
a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Our agent for notice of claims of copyright
infringement can be reached as follows:
By mail: Indemnification
If Promotion Host is sued or threatened
with a lawsuit from a third party because of something you do/did with the
services, you agree to pay all legal fees and judgments if Promotion Host is
found liable or pays to settle the dispute. In legal terms, this is called
"indemnification." Not only do
you agree to reimburse Promotion host for what it pays to satisfy a judgment or
settle a case, you also agree to pay Promotion Host's reasonable attorney's
fees and all other costs Promotion Host incurs in defending itself.
Disclaimer of Warranties
Promotion Host 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 PURPOSE
AND NON-INFRINGEMENT. SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Promotion Host MAKES NO WARRANTY THAT ITS
SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. Promotion Host DOES NOT WARRANT, NOR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT
PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Some jurisdictions do not allow the disclaimer of implied warranties, in which
event that foregoing disclaimer may not apply to you.
Limitation of Liability
In the event that something goes wrong,
Promotion Host cannot be held liable for it. IN NO EVENT SHALL Promotion Host
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT
OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR
IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND
POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR
FILES OR OTHERWISE, EVEN IF Promotion Host HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation
on liability for damages as contained in these terms of services. In those states, our liability is limited to
the full extent permitted by law. You agree that in no event shall our maximum
aggregate liability exceed the total amount paid by you for the services in
dispute purchased from us, or, in the event of liability of Promotion Host due
to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of the United States of America,
the State of California will govern this Agreement, without reference to rules
governing choice of laws. Any action
relating to this Agreement must be brought in the federal or state courts
located in California. When These Terms
Take Effect
This agreement becomes effective once you submit
your order with us or open an account with us for web hosting services of any
kind (dedicated, vps, shared, etc.) or register a domain at promotion.com. If you are an existing customer, and you do
not agree with the terms herein, please cancel your account. Otherwise, if you
sign up for or continue to use the services, you agree to what is written here.
If you have any questions regarding these terms of service, feel free to email
us for clarification.
By using Promotion Host you agree to the
above terms of service.
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