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Terms &
Conditions
Where the context admits: "We" includes Profit Hosting 4u inc.,
Profit Hosting 4u, ProfitHosting4u.com, or any party acting on Profit
Hosting 4u's implicit instructions. "You" includes the person purchasing the
services or any party acting on the customer's instructions. "The
Registrant" includes the person applying for a domain name or any party
acting on the Registrant's instructions. "The Registry" the relevant domain
names Registry. "Server" means the computer server equipment operated by us
in connection with the provision of the Services. "Web Site" means the area
on the Server allocated by us to you for use by you as a site on the
Internet. In consideration of the mutual covenants herein, the parties agree
to the following, which shall apply during the term of this agreement.
By using our services you agree to be bound by our terms and conditions
below:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in
your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have been
registered. Any action taken by you before such notification is at your
risk.
1.2 The registration and use of your domain name is subject to the terms and
conditions of use applied by the relevant naming authority; you shall ensure
that you are aware of those terms and conditions and that you comply with
them. You shall have no right to bring any claim against us in respect of
refusal to register a domain name.
1.3 We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute arises, we shall
be entitled, at our discretion and without giving any reason, to withhold,
suspend or cancel the domain name. We shall also be entitled to make
representations to the relevant naming authority but will not be obliged to
take part in any such dispute.
2. Website Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of
any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a
criminal offense or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of any
person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from our
network.
2.3.4 you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, MPEG video, IRC
chat, connection to MIRC network, file sharing networks, adult or illegal
MP3 content (i.e. you may only upload MP3's if you own the copyright).
2.5 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorized use of your account or
breach of security, including loss, theft or unauthorized disclosure of your
password or other security information.
2.6 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental to our
other customers.
2.7 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.8 In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to Profit Hosting 4u must comply
with the rules appropriate for those other networks.
2.10 Our hosting is considered unlimited bandwidth because we do not meter
it. However if one web site begins to take up an abundant amount of
bandwidth or system resources (5% total processor time) then other hosting
solutions will have to be found. This includes streaming video and
audio.
2.11 While we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free
from unauthorized users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other failure of email.
2.12 Hosting accounts will include one domain name per account, however if
the owner of the account wishes to split the allocated space between two or
more domain names they will need to contact ProfitHosting4u.com with a written
request that they wish to do so. The additional domain name(s) will be
hosted at a discounted price that ProfitHosting4u.com will determine.
3. Affiliates
3.1 Currently we are not offering a affiliate program, however we are
working on an affiliate program for the future.
4.Website Hosting Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be liable
for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to last
for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more than one log-in
session under any one account may be used at any time by you. If you have
multiple accounts, you are limited to one login session per system account
at any time; user programs may be run only during log-in sessions. If your
account is found to have been transferred to another party, or shows other
activity in breach of this subclasses, we shall have the right to cancel the
account and terminate the Services and/or this Agreement immediately.
5.Website Hosting Payment
5.1 All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our web
site and shall be due and payable in advance of our service provision. We
reserve the right to change pricing at any time although all pricing is
guaranteed for the period of pre payment.
5.2 Payment is due each month or year until closure notice is given. If you
choose to pay by credit or debit card you authorize Profit Hosting 4u's credit
card / debit card processing (2checkout.com) to debit your account renewal
fees from your card.
5.3 All payments must be in either $US (US dollars).
5.4 Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
6. Website Hosting Termination
6.1 If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice to
you. In the event that your web site has been terminated we will not be held
liable for loss of data.
6.2 If you break any of these terms and conditions we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to suspend
the Services and/or terminate this Agreement forthwith without notice to
you.
6.4 Refunds will be given at the discretion of the Company Management
including refunding of upfront yearly fees, refunds will not be given if
terms and conditions are violated. In the event that the terms are violated
a one time $50 fee will apply to get the hosting account reinstated. This
will be done at the discretion of ProfitHosting4u.com.
6.5 We reserve the right to suspend the Services and/or terminate this
Agreement / your account at any time with no notice or reason.
6.6 You may cancel the Services at any time.
6.7 On termination of this Agreement or suspension of the Services we shall
be entitled immediately to block your Web Site and to remove all data
located on it.
7. eBay auctions
7.1 Customers purchasing on eBay must pay using
www.paypal.com there is no exceptions
7.2 Hosting is purchased at a reduced rate for the first year. After the
first year the reduced monthly price will apply to continued accounts.
7.3 Customers wishing to cancel their order will need to contact both www.ProfitHosting4u.com for their
account to be removed and PayPal.com for the cancellation of payment.
7.4 Profit Hosting 4u inc. will not be held responsible to any loss of
information to any customers web site who cancels their account with PayPal.com first without first notifying www.ProfitHosting4u.com
7.5 By purchasing for one year through our eBay auction you are agreeing to
a 2 year contact for hosting. If this is not upheld we will immediately
terminate your account without prior notice and we will not be held
responsible for lost data.
8. Website Submission Services
8.1 No refunds will be given on submission services unless the guarantee has
not been met
9. Website Design Services
9.1 No work will start on the design of a website until: i) we have received
full payment, ii) we have received all requested information from the
customer such as: text for the web pages etc.
9.2 Once work has started on the design we will only refund a percentage for
work uncompleted if a refund if requested.
10. Resellers
10.1 Resellers may cancel their account at anytime by emailing us with their
account number, username and password.
10.2 Additional reseller resources are only available in units, as per our
website.
10.3 The reseller will be responsible for their customers and must ensure
that their customers do not break any parts of our terms and conditions.
10.4 If a reseller's customer is found to be sending unsolicited email (aka
spam) the reseller must warn the customer that if this is repeated their
account will be terminated. If a reseller allows such actions to continue,
we have the right to remove the offending customer.
10.5 If a reseller fails to pays for any reseller unit we reserve the right
to suspend the resellers account and stop their customers from using our
resources.
10.6 We will not be held liable for the actions of our resellers.
10.7 Resellers must act in a professional business manner at all times.
10.8 A reseller may sell their customers to us at a price we set.
10.9 Resellers must not create web hosting packages that contain features
that we do not offer.
11. Adult Website Hosting
11.1 We do not under any circumstances allow adult content. We reserve the
right to determine what is adult content and what is not.
12. Credit / Debit Card Charge backs
12.1 If a services have been used and the customer requests their bank to
recall the payments made (sometimes called a charge back) then legal action
will be taken against the customer to recover such payments in all
circumstances.
12.2 All actions of fraud are automatically reported to the police.
12.3 Any cases of underage porn on our servers will automatically be
reported to the police and we will work with such bodies to ensure that
legal action is taken against you. We will never tolerate such actions.
13. This Agreement
13.1. By performing any transactions on this web site you agree to these
terms and conditions.
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