1) Account Setup / Email on File
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 on most directories to 755 or 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. 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.
4) 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. Sies advertised via SPAM (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. Planmyhost 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.
5) Payment Information
As a client of PlanMyHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. PlanMyHost provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. PlanMyHost reserves the right to suspend users for five (5) days when a dispute is opened against us via PayPal. If client does not close the dispute within the given five (5) days the account will be PERMANENTLY terminated. PlanMyHost also reserves the right to change the monthly payment amount and any other charges at anytime.
6) Backups and Data Loss
Your use of the service is at your sole risk. PlanMyHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PlanMyHost servers. You can back up you account via cpanel, do backups every week.
Customers may cancel at any time by submitting a support ticket at least 7 days before the renewal date. Administrative fees, install fees for custom software, domain name purchases or any non-refundable licensing fees (e.g. cPanel, DirectAdmin etc…). PlanMyHost Solutions have the right to refuse any refunds. Refunds will only be processed if there is any problem caused or the fault of PlanMyHost Solutions. Any refunds requested by a client who’s product/service is working perfectly, or is not working correctly due to the fault of the client, will not be accepted.Violations of the Terms of Service will waive the refund policy.
8a) Resource Usage
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”)If you do so, you will be warned, second time may result in a temporary suspension and possibly leading to an account termination.
Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.
9) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
10) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of PlanMyHost dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
11) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. PlanMyHost does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. PlanMyHost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
12) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on PlanMyHost.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold PlanMyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PlanMyHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PlanMyHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PlanMyHost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from PlanMyHost’s server.
By using any PlanMyHost services, you agree to binding arbitration. If any disputes or claims arise against PlanMyHost or its subsidiaries, such disputes will be handled by an arbitrator of PlanMyHost’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
PlanMyHost shall not be responsible for any damages your business may suffer. PlanMyHost makes no warranties of any kind, expressed or implied for services we provide. PlanMyHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PlanMyHost and its employees.
16) Disclosure to Law Enforcement
PlanMyHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
17) Changes to the TOS
PlanMyHost reserves the right to revise its policies at any time without notice.