Terms and Conditions
Peltanet Hosting reserves the right to terminate this TOS for any reason or no reason. Peltanet Hosting reserves the right to refuse service to anyone.
The features and details of the Services governed by this TOS are described on our website. Throughout this TOS, the aspects of the Services provided to you by Peltanet Hosting, are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account, and during the course of our business relationship. We will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored on a daily basis. Peltanet Hosting has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information. The contact in our records is considered by us to be our customer. If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.
Peltanet Hosting reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.
One Time Service Fees
Any one time service fees are due and payable at the time they are incurred and are non-refundable.
New Domain Name Registration
Under this TOS, the Customer has the option, through the Order Form or as part of service activation within the Control Panel, to request Peltanet Hosting to register a new domain name on behalf of the Customer. Customer understands and acknowledges that Peltanet Hosting is not a Domain Registrar and that Peltanet Hosting will register new domain names through a Domain Registrar partner selected by Peltanet Hosting. Customer understands that the domain registration process requires Peltanet Hosting to pass Customer Information to the Domain Registrar partner and such information may become public information. Peltanet Hosting will not be responsible if a domain name is not available for any reason. Peltanet Hosting will not be responsible for any infringement of any third party rights caused by its domain registration on behalf of Customer.
Should any service credits be issued to the Customer account, they will be used to offset hosting fees assessed in the future. Service credits are not cashable and cannot be transferred to other accounts.
Peltanet Hosting uses various technologies to screen orders for fraud prevention. Each order for new Service is subject to our fraud prevention screening. Peltanet Hosting is not obligated to provide Service to Customer until Customers comply with all fraud prevention program requests. Any unfulfilled requests may result in account suspension and/or account cancellation. Customers may still be responsible for any Third Party Service that they may subscribe to. Peltanet Hosting is not responsible, and Customer agrees to hold Peltanet Hosting harmless from, any liability or damage that Customer or any third party may sustain, should Customer fail to meet the criteria of the fraud prevention controls.
Cancellations are effective at the end of the current billing period (Cancellation Date). For security and privacy, all customer files, data, and e-mail remaining on Peltanet Hosting servers after the cancellation date will be destroyed and unrecoverable for security and privacy reasons. It is the Customer's responsibility to backup their files and data and download their e-mail prior to requesting Cancellation. Peltanet Hosting is not responsible, and Customer agrees to hold Peltanet Hosting harmless from, any liability or damage that Customer or any third party may sustain, should customer files and data be destroyed after site cancellation.
Transferring Away Domain Names
Abiding by Domain Registrar policies, you are free to move domains that were registered through Peltanet Hosting to other domain registrars.
Refunds and Disputes
All Peltanet Hosting services are non-refundable. Customers seeking to resolve any billing errors are required to open a support ticket through the Support Mail.
All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, including the anniversary date, shall result in a suspension of public access to Customer services. Failure to remit payment for services within twenty-five (25) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer files and data remaining after twenty-five (25) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.
Customer agrees that they will not use excessive amounts of CPU processing on any of Peltanet Hosting's servers. Any violation of this policy may result in remedy action by Peltanet Hosting, which may be taken in Peltanet Hosting's sole discretion with or without notice
Bandwidth and Disk Space Usage
Customer agrees that bandwidth and disk space usage shall not exceed the number of megabytes per month ordered by Customer. Peltanet Hosting will monitor Customer's bandwidth and disk space usage. Peltanet Hosting shall have the right to take remedy action if Customer's bandwidth or disk space usage exceeds the Agreed Usage. For your convenience, a Resource Usage meter is provided in the Control Panel.
System and Network Security
Customer is prohibited from violating or attempting to violate or circumvent the security of the Peltanet Hosting Network. Violations of system or network security will result in civil or criminal liability. Peltanet Hosting will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.
Customer Content will include content uploaded to, submitted to, stored on or distributed by Customer via Peltanet Hosting Services. Customer Content also includes content of users of Customer's website and materials as well as content provided by third parties. Customer will be solely responsible for the development, operation, and maintenance of Customer Content.
Peltanet Hosting may take remedy action with or without notice, which may result in the following: a) removal of all or a portion of the Customer Content, b) disconnection or discontinuance of any and all Services, or c) termination of this Agreement in the event of i) violation of our AUP, ii) notice of violation by Customer of this TOS, iii) non-payment, or iv) chargeback. Customer agrees that Peltanet Hosting will have no liability to Customer due to any Remedy Action that we may take. Customer also agrees that Peltanet Hosting will not provide any refunds of any fees paid by Customer prior to Remedy Action.
Termination for Violation
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.
Use of the Services
Your use of the Services must be reasonable and you may not place excessive burdens on our servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess fees, to the extent that they exceed the use of the Service of similarly situated customers. You understand that disk space, bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Reaching these capacity numbers on a regular basis may result our need to place restrictions on your use of the Service.
When an Account is terminated or cancelled, all files and data will be destroyed and unrecoverable for security and privacy reasons. Peltanet Hosting has no responsibility to forward e-mail, or other communications, for you once your Account is closed and you will no longer have access to the control panel. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.
Customer Representations and Warranties
Customer represents and warrants to Peltanet Hosting that during the Term that Customer owns, has a valid license, or has the right to use the Customer Content, including all text, graphics, and code, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code.
You represent and warrant to Peltanet Hosting that: (i) you have the knowledge necessary to use the Service; (ii) you understand and appreciate the risks inherent from accessing the Internet; (iii) you will use the Service without extra effort on our part; and (iv) that you will pass through the terms of our Acceptable Use Policy to End Users.
License to Peltanet Hosting
Customer grants Peltanet Hosting a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Customer Content and to make archival or backup copies of the Customer Content solely to provide and operate the Services. Peltanet Hosting acknowledges that they are not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.
Peltanet Hosting Intellectual Property
Peltanet Hosting grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use Peltanet Hosting Technology solely for the purpose of accessing and using the Services. Customer may not use the Peltanet Hosting Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from Peltanet Hosting to Customer any Peltanet Hosting Technology, and all rights, titles and interests in and to the Peltanet Hosting Technology shall remain solely with Peltanet Hosting. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of the Peltanet Hosting Technology. Peltanet Hosting's trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Peltanet Hosting. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Peltanet Hosting.
Peltanet Hosting and Customer are independent contractors. Nothing contained in the TOS places Peltanet Hosting and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to Peltanet Hosting relating to the Services will be treated as being non-confidential and non-proprietary. Peltanet Hosting may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Hardware and Software
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access Peltanet Hosting servers and Services. Peltanet Hosting makes no representations, warranties, or assurances that customer's equipment will be compatible with Peltanet Hosting Services.
Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, agents, attorneys, and employees from and against any and all claims, demands, obligations, liabilities, damages, losses, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through or from Peltanet Hosting, at Customer's own risk. Customer acknowledges and agrees that Peltanet Hosting exercises no control over, and accepts no responsibility for, the content of the information passing through Peltanet Hosting's host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF Peltanet Hosting, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("Peltanet Hosting PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Peltanet Hosting PROVIDES. NO Peltanet Hosting PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Peltanet Hosting IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY Peltanet Hosting. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Peltanet Hosting PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Limitation of Liability
Customer agrees that no Peltanet Hosting Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Peltanet Hosting at the time) which may exist in the Services or Peltanet Hosting's equipment used to provide the Services.
Under no circumstances, including negligence, shall any Peltanet Hosting Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Peltanet Hosting has been advised of the possibility of such damages.
No Peltanet Hosting Person shall be liable to Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Peltanet Hosting's records, programs, equipment, or services.
Peltanet Hosting CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. Peltanet Hosting WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
Customer understands, acknowledges and agrees that if Peltanet Hosting takes any remedy action under this Agreement because of an action of Customer or its website users, Customer agrees that Peltanet Hosting shall have no liability to Customer due to such remedy action by Peltanet Hosting.
The terms of this section shall survive any termination of this Agreement.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.
This TOS may be assigned by Peltanet Hosting. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
No waiver of rights under this TOS, or any other Peltanet Hosting policy shall constitute a subsequent waiver of this or any other right under this TOS.
Entire Agreement and Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Customer hereby represents that they are either, an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a corporation, limited partnership or other legal entity, validly existing under the laws of the state of its organization and the person acting on behalf of Customer is authorized to execute this Agreement on behalf of Customer.