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Service Agreement and Acceptable Use Policy (AUP) (as of 2 February 2006)
TERMS AND TERMINATIONS
This agreement shall take effect on the date the user first accesses the system, and unless terminated earlier as provided herein, shall continue on a Month to Month basis. Written notice must be given one month prior to termination. Monthly hosting fees are payable in advance and are NON REFUNDABLE.
TERMS, CONDITIONS, LIMITATIONS, AND RIGHTS
PnB Hosting exercises no control and has no responsibilities over the contents, accuracy or quality of the information you can obtain through its service. Furthermore, PnB Hosting can not be held responsible or liable for acts of GOD, nature, strikes, war, civil upheaval, phone/internet provider disruption, or power disruptions. PnB Hosting makes no warranties of any kind for its service or access thereof and is not responsible for any personal, information, property or monetary damage that may occur due to the use of the service for technical, mechanical, or power malfunction or any consequential damages. PnB Hosting can not be held responsible or liable for local or long distance phone charges, fees or bills. Nor will we be responsible for hardware or software costs or fees incurred by you, the user, or any other third parties for your connection to us. PnB Hosting access systems and storage accounts may only be used for lawful purposes. PnB Hosting considers your email and other Internet accounts to be personal and confidential, and their usage and contents are the sole property and responsibility of the user. We will, however cooperate with law enforcement agencies when authorized requests are made to us. Unless otherwise prohibited, we will notify you of any such request for disclosure. Any access of other networks through PnB Hosting must comply with that networks acceptable use policy and rules. Prepaid Internet hosting accounts are non-refundable. PnB Hosting account privileges are non-transferable. Allowing multiple users to access your account is not allowed (unless otherwise noted in a users package). Doing so may result in immediate termination of your account. Such termination does not relieve you of your obligation to pay your monthly charges. Only a written request to terminate service relieves you of your obligation to pay your monthly service charges. Either party shall have the right to terminate this Agreement at any time, without cause on the giving of one months written notice. I acknowledge and understand that I will follow all provisions in the Service Agreement and Acceptable Use Policy (AUP). Failure to do so will terminate my account with PnB Hosting without any refund. I also agree to the conditions set forth in this Service Agreement and Policy and understand that they may be changed at any time by PnB Hosting and will also agree with those changes. I furthermore understand and agree that use of PnB Hostings services constitutes acceptance of this agreement.
PAYMENTS
Payments for services are due by the tenth (10th) of each month and are billable in advance. Accounts are subject to a $5.00 late fee if payment is not received by the tenth (10th) of that month. If payment is not received by the 15th of the month there will be a $25.00 late fee and the domain will be suspended and all incoming e-mail will be rejected. A web page will be placed in the domain explaining that the site is currently off line until the account is brought current. All accounts that go over 30 days past due will be turned over to a collection agency and face possible legal action. PnB Hosting is not responsible for the loss of any revenue or information which includes e-mails and attachments, web pages, files, or software and their settings should the account be suspended or terminated. If you are paying by check and your check is returned for any reason you will be charged a $30.00 returned check fee. It will not be re-deposited and the account will be immediately suspended until a certified check, cash, or credit card payment is received. Service will not be restored until the check(s) clear the bank. Such termination does not relieve you of your obligation to pay your monthly charges. Only one months written request to terminate service relieves you of your obligation to pay your monthly service charges.
INVOICES
Monthly hosting bills and overages are sent out via e-mail in the form of automated notices. Monthly hosting bills are payable in advance and any plan overages are billed on the next months bill and are due with that months bill. We use e-mail to conserve our natural resources and therefore no 'hard copy' invoice will be sent out unless requested.
DOMAIN NAMES
Internet domain names that are purchased by PnB Hosting for customers use become the property of PnB Hosting and are leased back to the customer on an annual basis. PnB hosting will maintain the registration information and keep the registration current for customers leased use. Customers are responsible for the content that is posted under the leased domain name and are also responsible for any and all activity that may be associated with said leased domain name (see the acceptable use policy below)
SOFTWARE AND SCRIPTS
PnB Hosting reserves the right to support or not support any software or scripts that may be used in conjunction with the operation of a customers site. PnB Hosting also reserves the right to limit or deny the use of the customers software or scripts operating within their web space if it interferes with operation of PnB Hostings web servers or network equipment.
FREEWARE, SHAREWARE SOFTWARE AND SCRIPTS
Freeware and Shareware software do not have all the features that retail versions may have. We reserve the right to support or not support any Freeware and Shareware software. By our supporting of any Freeware or Shareware, does not release you, the user, from paying for the use of that product. Furthermore, we do not collect the monies for such products in use by you, the user. We strongly suggest that you purchase a retail version of the product.
***NOTE: We do NOT support beta software.
PASSWORDS AND SECURITY
If you lose your e-mail or FTP passwords or would like to have them changed, PnB Hosting will do so upon written request. You may email or send us a letter via the US Mail system. We view good security measures as a needed thing. If PnB Hosting finds your username and/or password to be compromised we will change them and then inform you later. Also, PnB Hosting is not responsible for maintaining usernames and passwords used within web sites as part of the .htaccess/.htpassword protocols. There are third party scripts and billing companies that can do this for you if you do not know how.
We request that your email be removed off the server at least once every 2 weeks. PnB Hosting server’s are not intended to be your permanent storage for your email/s. If we find that email is left on our server longer than 2 weeks, we may delete the mail. PnB Hosting will not be held responsible or liable for any email/s or files deleted. We also reserve the right to filter email for attachments that contain viruses and block the receipt of certain file types (.scr and .pif) which are usually associated with viruses. If you require the receipt of the blocked file types, please have them sent in a .zip file and then scan them upon receipt with virus scanning software.
SUPPORT
Support questions can be e-mailed to support@pnb-hosting.com. We try to answer all e-mails within the hour but reserve the right to take up to 48 hours , or even longer depending on the complexity of the request or workload of our technicians.
BILLING INFORMATION::
For billing inquiries, Please e-mail billing@pnb-hosting.com or write:
PnB
Hosting
10620 Southern Highlands Pkwy.
Suite 110-467
Las Vegas, Nevada 89141
This document covers the following areas:
- Statement against Unsolicited Commercial Email (SPAM)
- Acceptable usage of PPP dialup accounts. Outlines restrictions and conditions for usage.
- Inactivity disconnect times and restrictions.
- Usenet policy and acceptable posting policy.
- Customer responsibility and cooperation.
- Acceptable Use of Web Servers and restrictions.
- Customer preclusions
This document and related policies may change without notice and will be updated on a as needed basis.
Statement against Unsolicited Commercial Email (SPAM)
Unsolicited Commercial Email (aka UCE or SPAM) is defined by PnB Hosting as an e-mail message having one or both of the following 2 characteristics; a) multiple copies of it are transmitted to many different recipients, at approximately the same time, and the recipients are not members of an established mailing list that they have subscribed themselves to of their own volition, b) Any e-mail containing any business proposition including but not limited to the sale of any item, transmitted to any recipient who has not given the sender their e-mail address to use for such transmission.
Some examples of Spam would be; a message transmitted to multiple recipients advertising the availability of a product or service, a message transmitted to a single recipient advertising and/or offering a product or service when the recipient has never given their e-mail address to the transmitter for the purposes of such communication.
PnB Hosting does not tolerate the use of it's facilities for the transmission of spam. Transmitting spam using any facility or network connection, including dedicated leased circuits sold to "downstream" customers, is grounds for immediate disconnection from our network and subsequent prosecution. When this policy conflicts with any other policy of PnB Hosting it will supersede that policy.
PnB Hosting also explicitly reserves the right to implement any filtering procedures on it's e-mail server, and it's routers, to block transmission of such messages from both internal and external sources. This includes filtering such as "blackholing" hosts and networks on the Internet, and rejecting incoming e-mail messages based on content. An example would be blocking an incoming e-mail message containing the statement "This message sent in accordance with some US Senate Bill covering the transmission of unsolicited commercial e-mail"
The fact that PnB
Hosting currently implements anti-spam
filtering does NOT obligate PnB Hosting
to continue to provide this
service. PnB Hosting
does not guarantee that such filtering will be
effective in all, or for that matter, any cases. Please note that content-based
filtering WILL reject e-mail messages that contain the content strings defined
in our database, which in rare cases could result in a legitimate e-mail message
being blocked. PnB Hosting
considers the strings defined in it's spam
filters as proprietary and they are not available for customer perusal. We also
utilize a number of third party services in addition to our own spam filters to
reduce the amount of spam received by our mail servers. Some of these services are
provided by: 
and
and
Customer responsibility and cooperation
All customers and subscribers of PnB Hosting agree unconditionally to not in any way intentionally or maliciously cause harm to the equipment, software, or processes operating PnB Hosting. Any violations of this agreement will result in civil and/or criminal penalties as prescribed by local, state and federal laws applicable in this area.
The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that may be considered obscene or harmful. Customers and subscribers of PnB Hosting will not hold PnB Hosting responsible for sites and postings which could be considered obscene, lewd, offensive and/or harmful. It is PnB Hosting policy that individuals are responsible for their own monitoring and viewing habits and those minors in their care. We currently do not filter or screen postings or sites on the Internet as a whole nor do we plan to in the foreseeable future. Customers and subscribers possibly offended by such material are encouraged to explore software options that block or filter sites that may be deemed unsuitable.
In addition to this, customers and subscribers are encouraged to use common sense and courtesy when creating postings and or sites on Home Pages or our WWW commercial servers that may be considered offensive to others.
Acceptable Use of PnB Hosting Web Servers and restrictions
Users of PnB Hosting Web Services, Virtual Domain Servers will be subject to additional charges if their site is receiving excessive use. Excessive use is defined as:
- Any web site generating sustained traffic in excess of their current plan.
These charges will be a factor of the violation. If a site is continuously exceeding their monthly allotment they will be automatically moved to the next plan level. All bandwidth is billed by the whole gigabyte and is rounded up to the next higher gigabyte for any fraction thereof.
- Current overage fees are available on our hosting plan page and contain current published web hosting and overage rates.
Software and scripts that consume too many server or network resources are not authorized for use on PnB Hostings servers. Also software and scripts designed to hack, crack, scan, spam, spider, disrupt, or cause any harm to this or any other networks or systems is expressly forbidden. Continued use of said software or scripts is grounds for termination. Customers are urged to keep all software and scripts up to date to prevent security issues that could compromise the security of the servers. Should a customers account utilizing a script or software with known security vulnerabilities cause any problem whatsoever, the offending software or script will be deleted without notice to the account holder. Said software or scripts will no longer be allowed on PnB Hostings servers until the security flaws are fixed to the satisfaction of PnB Hosting.
Important Note: Customers are responsible for all data backup of their virtual and co-located websites! PnB Hosting only manages server backups with the goal of an immediate full server restore, restoring on a site-by-site basis from our backup tapes is not possible. We also expressly reserve the right to disable logging on sites generating significantly excessive traffic.
Because highly controversial sites (such as political, religious, pornographic, and hate/bigotry sites) frequently attract network-level crack attempts from persons on the Internet. In order to protect our network from Denial Of Service attacks that could disrupt our operations, PnB Hosting expressly reserves the right to immediately terminate virtual website hosting of these kinds of sites. The customer is also responsible for any and all bandwidth charges and billable technical support associated with such attacks.
Customer shall be precluded from doing any of the following:
- Posting or transmitting any transmissions constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national or international law, including without limitation the U.S. export control laws and regulations.
- Posting or transmitting any information or software which contains a virus, worm, cancelbot or other harmful component.
- Uploading, posting, publishing, transmitting, reproducing, distributing or participating in the transfer or sale, of any information, software or other material obtained through the Internet which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
- Abusing or fraudulently using the Service in any way not specifically set forth above.
Customer understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Customer and Customer's authorized users access such materials is at Customer's own risk. Customer and Customer's authorized users may not use PnB Hosting services to commit on-line fraud. This includes accessing on-line services through PnB Hosting with fraudulent credit card, e-checks, or other financial information. Moreover, Customer acknowledges that it will comply with all legislation, regulations, case law, and ordinances that regulate the transmission of information content over the Internet