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Terms of Service
& Privacy Policy
PEHosting
("The
Company")
agrees
to
furnish
services
to the
Subscriber,
subject
to the
following
TOS
(Terms
of
Service).
Use
of
PEHosting
Service
constitutes
acceptance
and
agreement
to
PEHosting's
AUP
as well
as
PEHosting's
TOS
(Terms
of
Service).
All
provisions
of this
contract
are
subject
to the
TOS
(Terms
of
Service)
of
PEHosting,
and
AUP
(Acceptable
Use
Policy).
The
AUP
may be
changed
from
time to
time at
the
discretion
of the
Company.
Subscriber
understands
that
change
to the
AUP by
the
Company
shall
not be
grounds
for
early
contract
termination
or
non-payment.
This
Agreement
shall be
construed
in all
respects
in
accordance
with the
laws of
the
state of
Maryland,
county
of
Montgomery
applicable
to
contracts
enforceable
in that
state.
Venue
will be
Montgomery
County,
Maryland.
-
Disclosure
to
Law
Enforcement:
The
AUP
specifically
prohibits
the
use
of
our
service
for
illegal
activities.
Therefore,
Subscriber
agrees
that
the
Company
may
disclose
any
and
all
subscriber
information
including
assigned
IP
numbers,
account
history,
account
use,
etc.
to
any
law
enforcement
agent
who
makes
a
written
request
without
further
consent
or
notification
to
the
Subscriber.
In
addition
PEHosting
shall
have
the
right
to
terminate
all
service
set
forth
in
this
Agreement.
-
Service
Rates:
Subscriber
acknowledges
that
the
nature
of
the
service
furnished
and
the
initial
rates
and
charges
have
been
communicated
to
Subscriber.
Subscriber
is
aware
that
the
Company
may
prospectively
change
the
specified
rates
and
charges
from
time
to
time.
The
promotional
offer
is
contingent
upon
Company
achieving
and
maintaining
its
cost
of
service
goals
including
but
not
limited
to
rates
charged
to
company
by
its
suppliers.
-
Payment:
Establishment
of
this
service
is
dependent
upon
receipt
by
the
Company
of
payment
of
stated
charges.
Subsequent
payments
are
due
on
the
anniversary
date
of
the
month
for
that
month's
service.
-
Payments
and
Fees:
Credit
cards
that
are
declined
for
any
reason
are
subject
to a
$1.00
declination
fee.
Service
will
be
deactivated
on
accounts
that
reach
10
days
past
due.
Service
deactivated
for
nonpayment
is
subject
to a
$10
reactivation
charge.
Service
will
be
deleted
on
accounts
that
reach
30
days
past
due.
Re-registration
is
required
for
the
deleted
service.
Accounts
that
are
not
collectable
by
PEHosting
may
be
turned
over
to
an
outside
collection
agency
for
collection.
If
your
account
is
turned
over
for
collection,
you
agree
to
pay
the
company
a
"Processing
and
Collection"
Fee
of
not
less
than
$50.
If
you
desire
to
cancel
your
account,
please
follow
the
proper
procedure
to
do
this
as
outlined
in
this
TOS.
-
Refund:
Refund
policy
depends
on
the
hosting
service
being
provided
as
follows.
-Shared
Hosting:
Refund
will
be
given
within
the
30
days
of
registration
if
the
TOS
is
not
violated.
Refund
will
not
be
given
after
the
30
days,
this
includes
semiannual
and
annual
payments.
-Reseller
Hosting:
Refund
will
be
given
within
the
30
days
of
registration
if
the
TOS
is
not
violated.
Refund
will
not
be
given
after
the
30
days,
this
includes
semiannual
and
annual
payments.
-Dedicated
Hosting:
No
refunds
will
be
given.
-Refund
is
not
available
for
SSL
Certificates.
-Refund
is
also
not
available
for
Domain
Registration.
-
Failure
to
Pay:
The
Company
may
temporarily
deny
service
or
terminate
this
Agreement
upon
the
failure
of
Subscriber
to
pay
charges
when
due.
Such
termination
or
denial
will
not
relieve
Subscriber
of
responsibility
for
the
payment
of
all
accrued
charges,
plus
reasonable
interest
and
any
collection
fees.
-
Account
Cancellation:
The
method
of
cancellation
is
via
the
members
section
of
your
PEHosting.com
account.
Please
log
into
the
members
section
at
www.PEHosting.com
and
you
can
request
to
have
your
server
or
the
given
Web
space
cancelled
there
via
the
online
cancellation
form.
You
must
have
all
account
information
to
cancel.
-
Subscriber
acknowledges
that
the
service
provided
is
of
such
a
nature
that
service
can
be
interrupted
for
many
reasons
other
than
the
negligence
of
the
company
and
that
damages
resulting
from
any
interruption
of
service
are
difficult
to
ascertain.
Therefore,
subscriber
agrees
that
the
company
shall
not
be
liable
for
any
damages
arising
from
such
causes
beyond
the
direct
and
exclusive
control
of
the
company.
Subscriber
further
acknowledges
that
the
company's
liability
for
its
own
negligence
may
not
in
any
event
exceed
an
amount
equivalent
to
charges
payable
by
subscriber
for
services
during
the
period
damages
occurred.
In
no
event
shall
the
company
be
liable
for
any
special
or
consequential
damages,
loss
or
injury.
-
Support
Boundaries:
PEHosting,
provides
24 x
7
technical
support
to
our
subscribers
(except
for
few
holidays
and
short
company
meetings
when
we
close
our
center.)
We
limit
our
technical
support
to
our
area
of
expertise.
The
following
is
our
guidelines
when
providing
support:
PEHosting
provides
support
related
to
your
server
or
virtual
site
physical
functioning.
PEHosting
does
not
offer
tech
support
for
application
specific
issues
such
as
cgi
programming,
html
or
any
other
such
issue.
PEHosting
does
not
provide
technical
support
for
YOUR
customers.
If
you
can
email,
we
encourage
you
to
email
support@PEHosting.com
for
assistance.
If
you
are
able
to
get
online
and
have
other
questions,
the
answers
may
be
on
our
home
page
at
http://www.PEHosting.com/helpc/
- we
encourage
you
to
check
there
first.
Lastly,
the
Help
files
in
the
program
you
are
using
may
have
the
answer
to
your
question
so
please
do
investigate
these
resources
before
calling
tech
support.
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SPAM
and
Unsolicited
Commercial
Email
(UCE):
PEHosting
takes
a
zero
tolerance
approach
to
the
sending
of
Unsolicited
Commercial
Email
(UCE)
or
SPAM
over
our
network.
Very
simply
this
means
that
customers
of
PEHosting
may
not
use
or
permit
others
to
use
our
network
to
transact
in
UCE.
Customers
of
PEHosting
may
not
host,
or
permit
hosting
of,
sites
or
information
that
is
advertised
by
UCE
from
other
networks.
Violations
of
this
policy
carry
severe
penalties,
including
termination
of
service.
- Violation of PEHosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PEHosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, PEHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PEHosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, PEHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PEHosting will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that PEHosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the PEHosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
- Anyone hosting websites or services on their server or given Web space that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The server or the given Web space will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access to the server or the given Web space to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server or the given Web space from our network without notice to the customer. Any server or a given Web space guilty of a second violation WILL be immediately and permanently removed from our network without notice.
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Network
- IP Address Ownership: If PEHosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to PEHosting, and Customer shall have no right to use that Internet Protocol address except as permitted by PEHosting in its sole discretion in connection with the Services, during the term of this Agreement. PEHosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by PEHosting, and PEHosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). PEHosting will monitor Customer's bandwidth and disk usage. PEHosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in PEHosting's sole and absolute discretion. If PEHosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, PEHosting may, at its sole discretion, collect a deposit, in an amount determined by PEHosting, against customer's credit card on file with PEHosting.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the PEHosting Network. Violations of system or network security may result in civil or criminal liability. PEHosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
-
Notification
of
Violation:
- PEHosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which PEHosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at PEHosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that PEHosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
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Suspension
of
Service
or
Cancellation:
PEHosting
reserves
the
right
to
suspend
network
access
to
any
customer
if
in
the
judgment
of
the
PEHosting
network
administrators
the
customer's
server
or
the
given
Web
space
is
the
source
or
target
of
the
violation
of
any
of
the
other
terms
of
the
AUP
or
for
any
other
reason
which
PEHosting
chooses.
If
inappropriate
activity
is
detected,
all
accounts
of
the
Customer
in
question
will
be
deactivated
until
an
investigation
is
complete.
Prior
notification
to
the
Customer
is
not
assured.
In
extreme
cases,
law
enforcement
will
be
contacted
regarding
the
activity.
The
customer
will
not
be
credited
for
the
time
the
customer's
machines
were
suspended.
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PEHosting
reserves
the
right
to
amend
its
policies
at
any
time.
All
Sub-Networks,
resellers
and
managed
servers
of
PEHosting
must
adhere
to
the
above
policies.
Failure
to
follow
any
term
or
condition
will
be
grounds
for
immediate
Cancellation.
You
will
be
held
responsible
for
the
actions
of
your
clients
in
the
matter
described
on
these
Terms
and
conditions.
Therefore,
it
is
in
your
best
interest
to
implement
a
similar
or
stricter
Terms
and
conditions
or
otherwise
called
Acceptable
Terms
of
use
policy.
-
Indemnification:
PEHosting
wishes
to
emphasize
that
in
agreeing
to
the
PEHosting
Acceptable
Use
Policy
(AUP)
and
Terms
of
Service
(ToS),
customer
indemnifies
PEHosting
for
any
violation
of
the
Acceptable
Use
Policy
(AUP)
and
Terms
of
Service
(ToS)
that
results
in
loss
to
PEHosting
or
the
bringing
of
any
claim
against
PEHosting
by
any
third-party.
This
means
that
if
PEHosting
is
sued
because
of a
customer's
or a
customer
of a
customer's
activity,
the
customer
will
pay
any
damages
awarded
against
PEHosting,
plus
all
costs
and
attorney's
fees.
-
Miscellaneous
Provisions:
You
must
provide
us
with,
and
keep
current,
good
contact
information
for
you.
E-mail,
fax,
and
telephone
contacts
are
used,
in
that
order
of
preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- PEHosting takes no responsibility for any material input by others and not posted to the PEHosting Network by PEHosting. PEHosting is not responsible for the content of any other websites linked to the PEHosting Network; links are provided as Internet navigation tools only. PEHosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- PEHosting is not responsible for any damages your business may suffer. PEHosting does not make implied or written warranties for any of our services. PEHosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PEHosting.
- It is absolutely forbidden to host pornographic content or IRC servers on all accounts. Any account found hosting this material will be subject to immediate cancellation without refund.
-
Responsibility
for
Content:
You,
as
PEHosting's
customer,
are
solely
responsible
for
the
content
stored
on
and
served
by
your
PEHosting
server
or
the
given
Web
space.
Privacy
Policy
We value
our
customers
privacy.
Your
privacy
is
important
to us.
The
information
we
gather
is only
used in
ordering
and to
help us
better
serve
you.
Your
personal
information
is only
used for
billing
and/or
notification
purpose.
We will
not
sell,
rent, or
exchange
any
information
to or
with any
third
party.
All
payment
information
will be
handled
through
one of
our
128-bit
SSL
encrypted
payment
gateways
which
are 100%
hacker
safe and
tested
for
maximum
security
strength.
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Acceptable Use
Policy (AUP)
PEHosting's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what PEHosting expects of them while using the service. All users of PEHosting's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of PEHosting Service constitutes acceptance and agreement to PEHosting's AUP as well as PEHosting's TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. PEHosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your PEHosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of PEHosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of PEHosting's AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
PEHosting intends to provide its customers access to everything the Internet has to offer. While the PEHosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the PEHosting and the Internet cannot be permitted under the guise of free speech. The resources of the PEHosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated server, shared hosting space or reseller hosting space to publish material, which PEHosting.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a PEHosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@PEHosting.com.
VIOLATIONS OF PEHosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: PEHosting's services may not be used for illegal purposes, or in support of illegal activities. PEHosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the PEHosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of the PEHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of the PEHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of PEHosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the PEHosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending PEHosting account. Anyone hosting websites or services on their server or given Web space that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The server or the given Web space will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access to the server or the given Web space to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server or the the given Web space from our network without notice to the customer. Any server or a given Web space guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending PEHosting account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the PEHosting service is in violation of this AUP.
- Usenet SPAMing: PEHosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the PEHosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PEHosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending PEHosting account is subject to immediate termination.
- Copyright or trademark infringement: Use of the PEHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data: Use of the PEHosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the PEHosting service for any activity which affects the ability of other people or systems to use PEHosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. PEHosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using PEHosting services could result in suspension service.
- Third Party Accountability: PEHosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
- Pornography and IRC Servers: It is absolutely forbidden to host pornographic content or IRC servers on all accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.
- IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers or given Web spaces found to be connecting to or part of these networks will be immediately removed from our network without notice. The server or the given Web space will not be reactivated to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server or given Web space to confirm that the content has been completely removed. Any server or a given Web space guilty of a second violation will result in immediate account termination.
- File Hosting: File Hosting is strictly prohibited in all servers of PEHosting.com. You may not use PEHosting.com only for file storage and for distribution. You are allowed to have downloads on your site however the purpose can not be for free file distribution similar to downloads.com. Your used space may not exceed 10% of videos and music files and you are limited to 5,000 files per account.
- Backup and Data Loss: Your use of PEHosting.com service is at your sole risk. PEHosting.com is not responsible for any and all files and data residing on your account on our servers. You agree to take full responsibility for any and all files transferred to and reside on your account and to maintain all appropriate backups of any and all files stored on PEHosting.com server to which you have an account on.
- Resource Usage: You may not use 5% or more system resources (This includes CPU & Memory). If this clause is breached your account will be automatically suspended.
- Shared Hosting Accounts: You are not allowed to resell your hosting space. You are not allowed to create accounts for third parties. All domains under your account must be in your direct control and administration. (This does not apply to reseller accounts).
Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- Users who violate systems or network security may incur criminal or civil liability. PEHosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
PEHosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of PEHosting systems or networks. PEHosting reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF PEHosting AUP
PEHosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@PEHosting.com.
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. PEHosting may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
PEHosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
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