By purchasing services from MWS DBA
PENNHOST.COM, you agree to be bound by the
following terms and conditions:
Renewal
In order to ensure uninterrupted service
to your website, the service contract will
automatically renew unless canceled by the
site owner. PENNHOST.COM requests that
cancellation requests be made via phone or
email at least 2 weeks prior to the date of
renewal. PENNHOST.COM will acknowledge the
cancellation notice within 24 hours of
receipt. Your satisfaction is important to
us and PENNHOST.COM will honor all requests
promptly. If you do not receive
acknowledgment, please contact a
representative as soon as possible.
Refunds
PENNHOST.COM web hosting services carry
an unconditional 30 day satisfaction
guarantee. If you are dissatisfied for any
reason within the first 30 days of service,
please contact us by phone or email for a
full and immediate refund. If you wish to
retain your domain name, the cost of your
domain name will be deducted from your
refund. SSL Certificates are non-refundable
or transferable after order is placed.
Refunds for service agreements are
available within the first 30 days of
service. No refunds will be made after the
first 30 days of service.
Acceptable Use Policy
PENNHOST.COM reserves the right to
refuse service to any site at our sole
discretion. Although we do not believe in
censorship, PENNHOST.COM does not allow
the following types of sites:
- Websites
containing explicit pornographic
material
- Racist
or hate-related websites
- "Warez"
sites, including but not limited to any
copyrighted software or music files
- Sites
which provide methods for circumventing
copy protection ("cracks", key
codes, serial numbers, decoder chips,
etc...) are also not permitted.
- Any content which is not legal in the United States
Unsolicited Email (spam) and Bulk Email
PENNHOST.COM will not host websites
that are advertised through unsolicited
email, excessive newsgroup crossposting, or
off-topic newsgroup posts. What is
considered spam is determined at the sole
discretion of PENNHOST.COM. We will make
every effort to work with our customers to
insure that legitimate websites are not shut
down due to what may be wrongly interpreted
as unsolicited mail. Although we are first
and foremost an advocate of our customers,
sites in flagrant violation of this policy
will be shutdown without a refund of any
kind. In addition, to protect the quality of
service for all of our customers, any bulk
emailing that adversely affects the
performance of our shared mail servers will
be either discontinued or moved, pending
customer approval, to one of our list server
or dedicated server plans.
Bandwidth and Overages
Each hosting plan is allocated a specific
amount of network and system resources which
is clearly specified on the PENNHOST.COM
website. We realize that from time to time,
customers may have unanticipated
circumstances which cause their websites to
use more bandwidth, disk space, or other
resources than they have been allocated with
their plan. In extreme cases, such overages
may result in additional charges or the
request to upgrade your service to a more
suitable plan. PENNHOST.COM will make every
effort to contact you to prevent any
unexpected charges or service interruptions.
If the resources required by your website
negatively impact other customers in our
shared hosting environment, we may take
steps, including possible temporary
suspension of service, to restore normal
server operations. Under all circumstances,
suspension of service is an absolute last
resort and we will make every effort to work
with our customers to insure continuous and
trouble-free service.
Limitations of Liability and
Indemnification
Although there are limitations to the
guarantees we can provide, your satisfaction
is very important to us. Please read and
understand our limits of liability before
ordering services. Our philosophy on service
and customer satisfaction, which dictates
how we conduct business, can be found at the
following URL:
http://www.pennhost.com/aboutus
Limited Warranties.
No Other Warranty.
PENNHOST.COM DOES NOT MONITOR OR EXERCISE
CONTROL OVER THE CONTENT OF THE INFORMATION
TRANSMITTED THROUGH ITS FACILITIES. USE OF
THE SERVICES OR ANY INFORMATION THAT MAY BE
OBTAINED THEREFROM IS AT CUSTOMER'S OWN
RISK. THE SERVICES ARE PROVIDED ON AN
"AS IS" BASIS, AND CUSTOMER'S USE
OF THE SERVICES IS AT ITS OWN RISK. EXCEPT
AS PROVIDED IN THE ORDER FORM(S),
PENNHOST.COM DOES NOT MAKE, AND HEREBY
DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT AND TITLE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE. PENNHOST.COM DOES
NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
SECURE.
Disclaimer of Actions Caused by and/or
Under the Control of Third Parties.
PENNHOST.COM DOES NOT AND CANNOT
CONTROL THE FLOW OF INFORMATION TO OR FROM
PENNHOST.COM'S NETWORK AND OTHER PORTIONS OF
THE INTERNET. SUCH FLOW DEPENDS IN LARGE
PART ON THE PERFORMANCE OF INTERNET SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES. AT
TIMES, ACTIONS OR INACTIONS OF SUCH THIRD
PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S
CONNECTIONS TO THE INTERNET (OR PORTIONS
THEREOF). PENNHOST.COM CANNOT GUARANTEE THAT
SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY
PENNHOST.COM DISCLAIMS ANY AND ALL LIABILITY
RESULTING FROM OR RELATED TO SUCH EVENTS.
Delays and Interruptions
PENNHOST.COM SHALL NOT BE LIABLE FOR ANY
LOSS OF DATA RESULTING FROM DELAYS,
CORRUPTION OF DATA, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS.
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE
SELECTION, USE AND SUITABILITY OF THE
SERVICES, AND PENNHOST.COM SHALL HAVE NO
LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF
PENNHOST.COM'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, NEITHER PENNHOST.COM NOR ITS
NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR
UNAUTHORIZED ACCESS TO PENNHOST.COM'S OR
CUSTOMER'S TRANSMISSION FACILITIES OR
PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS
TO OR ALTERATION, THEFT OR DESTRUCTION OF
CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES
OR INFORMATION THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES, OR ANY OTHER METHOD,
REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS
A RESULT OF PENNHOST.COM'S OR ITS NETWORK
SERVICE SUPPLIER'S NEGLIGENCE.
Indemnification.
Each party agrees to indemnify
and hold the other harmless against any
losses, costs, expenses (including, but not
limited to, reasonable attorneys' fees),
claims, damages, liabilities, penalties,
actions, proceedings or judgments
(collectively, "Losses") resulting
from any claim, suit, action, or proceeding
brought by any third party against the other
or its affiliates related to or arising out
of (i) any infringement or misappropriation
or alleged infringement or misappropriation
of any United States copyright, trade
secret, patent, trademark, or other
proprietary right related to any hardware or
software utilized in connection with any of
the Services (but excluding any infringement
contributorily caused by the other party),
and (ii) any violation of or failure to
comply with the Rules or Regulations.
Customer further agrees to indemnify
PENNHOST.COM and its affiliates against any
Losses which arise out of, or relate to any
content provided by Customer or the
customers/clients of Customer, and Customer
will reimburse PENNHOST.COM and its
affiliates for all legal expenses, including
reasonable attorneys' fees, incurred by
PENNHOST.COM and its affiliates in
connection with any such Losses.
Consequential Damages
EXCEPT FOR THE PARTIES' INDEMNITY
OBLIGATIONS, IN NO EVENT WILL EITHER PARTY
BE LIABLE OR RESPONSIBLE TO THE OTHER FOR
ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOST REVENUE, LOST PROFITS,
REPLACEMENT GOODS, LOSS OF TECHNOLOGY,
RIGHTS OR SERVICES, LOSS OF DATA, OR
INTERRUPTION OR LOSS OF USE OF SERVICE OR
EQUIPMENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING
UNDER THEORY OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHERWISE.
Questions
Please contact us with any questions
regarding the PENNHOST.COM terms of service
by calling 1-570-836-8138 or email support@PENNHOST.COM
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2006: Pennhost.com