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Terms of Service Agreement
By establishing an account with PTC Hosting.biz (PTC Hosting) via
phone, e-mail,
or web site form submission on ndchost.com, cplicensing.net, or any of
PTC Hosting's
affiliated web pages, you are agreeing you have read and will abide by
the following
Terms of Service Agreement (TOS).
PTC Hosting Provides Internet/World Wide Web Site Hosting and E-mail
Services.
Please read and understand our policies as they are to protect the best
interest of
our customers as a whole.
PTC Hosting's general policy is to act as a neutral provider of access
to the global Internet.
PTC Hosting At its sole discretion, reserves the right to suspend or
cancel a customer's
access to any or all services provided.
Suspension and or cancellation actions will be performed on account in
violation of the
TOS or are deemed to otherwise be inappropriately used.
If you are unsure whether any contemplated use or action is permitted,
please
send an e-mail to: webmaster@ptchosting.biz and we will assist you.
PTC Hosting's Specific Use Policies
1. Traffic and Storage Policies
PTC Hosting
allocates a set amount of storage and bandwidth per customer.
If customer exceeds
or is about to exceed the allocated amount of storage or
traffic, PTC Hosting
will send a courtesy notice to customer with further options
and pricing. Extra
Bandwidth and Storage pricing may be found on our hosting
page on our website.
This e-mail notification is done as a curtsy and customer
will be held
accountable for exceeding storage or traffic allocation weather the
e-mail was
sent/received or not.
2. High Resource Policy
» MySQL databases
which consume large amounts of resources will be immediately
terminated or
suspended upon PTC Hosting's discretion.
» CGI scripts found
to consume large amounts of system resources will immediately
be terminated or
suspended upon PTC Hosting's discretion.
» Websites found to
consume large amounts of system resources such as HTTPd,
CGI, MySQL can be
suspended at anytime upon PTC Hosting's discretion.
PTC Hosting
considers at least 15% CPU Usage, 10% Memory Usage, and
10% MySQL usage as
high resource.
» Accounts
classified as High Resource Accounts and are either suspended or
terminated are not
entitled to a refund for any pre-paid services.
3. Zero Tolerance Rule
» PTC Hosting
commits 100% stability to all our servers, and network that
PTC Hosting has
control over. To keep with this commitment, any website,
reseller or
non-reseller that PTC Hosting feels is degrading the performance
of our network may
be suspended at PTC Hosting's discretion, without being
required to notify
the end user in advance.
» As a set standard,
PTC Hosting will run spot testing anytime we feel our
network may be
becoming unstable due to a High Resource Customer.
If a customer in a
shared hosting environment is found to be utilizing more
then 15% of CPU /
10% Memory / 10% MySQL, they will be sent a
courtesy notice. The
2nd notice, the customer will be suspended for 7
days. The 3rd
notice, the customer will be terminated due to High
Resource Usage.
Courtesy notices are as stated a courtesy, customers
will be held
accountable for account whether e-mails are sent/received or not.
» Any user of our
VPS service found to be consuming sufficient I/O to cause
server slowing for
other users will be sent a courtesy notice. A second notice
will be sent upon
further occurences, and a suspension may result. PTC Hosting
reserves the right
to determine the amount of I/O which constitutes an abuse of
system resources.
This includes but is not limited to normal disk operations and
swap file usage.
4. What does PTC Hosting consider "CGI Abuse"?
» Any site whose CGI
programs are using excessive amounts of system resources.
Excessive amounts is
defined as any amount that results in substantial degradation
of server
performance. PTC Hosting is the sole determinant of what constitutes
degraded server
performance.
» Due to their use
of flat files instead of databases, PTC Hosting does not allow
the use of any CGI
based forums. Use of these boards for large or very active
forums results in
system performance degradation, and cannot be allowed in our
shared server
environment.
5. PTC Hosting's Services May Only be Used for
Lawful Purposes
» Transmission,
distribution, or storage of any information, data or material in
violation
of United States
law(s), state regulatory law(s), or by the common law, is prohibited.
This includes, but
is not limited to, material protected by copyright, trademark, trade
secret, or any other
statute.
» PTC Hosting
reserves the right to remove such illegal material from its servers
immediately. PTC
Hosting expressly forbids anyone from using PTC Hosting's
servers for the
propagation, distribution, housing, processing, storing, or otherwise
handling in any way
lewd, obscene, satanic material, or any other material which
we deem to be
objectionable. The designation of any materials as such described
above is left
entirely to the discretion of the PTC Hosting management.
6. Unlawful and/or Unethical Use
» PTC Hosting does
NOT allow sites that provide points of distribution,
or links to the
following types of sites:
» Pirated Software
(Warez) - Any software that is copyrighted and not
freely available for
distribution without cost. Including: ROMs, ROM
Emulators, Mpeg
Layer 3 files (MP3) and DVD Videos.
» Hacking /
Phreaking - Includes sites with material, links, or resources
for Hacking,
Phreaking, Viruses, Anarchy, or any type of site that promotes
the destruction or
compromises the integrity of PTC Hosting.
» IRC / Bots - This
includes "egg drops," "bots," or any IRC related programs.
» Archives - This
includes music, video and program archives.
7. E-Mail Policy
» PTC Hosting
strictly prohibits harassment, whether through language,
frequency, or size
of messages. Forging of header information is not permitted.
» PTC Hosting does
not allow unsolicited mail (UCE). This includes "Spamming"
and "Bulk Mail" sent
to persons who have otherwise not requested to receive such mail.
The reason for this
is that not only is it generally frowned upon by the internet
community, but it
also demands extra bandwidth to handle the effects of such mail.
Websites found to be
sending UCE will be terminated without notice.
» If its found any
client has setup an account with PTC Hosting, for the express
terms of sending
unsolicited email, PTC Hosting reserves the right to charge a one
time administration
fine of $250.00 If PTC Hosting can show proof the client has
sent the email from
PTC Hosting's servers or network.
8. PTC Hosting's Services are Intended for the End
User Only
» Customers cannot
sublease, sub host, or give away control of any portion
of PTC Hosting's
resources.
9. 99.5% Uptime Guarantee Policy
» We will make every
reasonable attempt to avoid unexpected server downtime
and to ensure that
all accounts are well taken care of. We cannot guarantee or
predict server
downtime. Any network problem, or outage, is not covered under
any guarantee or
warranty and will not be grounds for reimbursement for any
subsequent financial
damages or losses. Account Backups are ultimately the
account holder's
responsibility.
» PTC Hosting
offer's a 99.5% uptime guarantee. The PTC Hosting network of
computers, will have
a guaranteed aggregate average uptime of 99.5% over the
course of three
months (90 days). This does not include scheduled downtime for
maintenance on
servers, which will be minimal, and necessary. This also doesn't
include mass-network
problems such as major backbone problems.
» PTC Hosting will
not be liable for any lost revenues during your down time.
10. Payment Policies
» Any customer who
threatens a chargeback for services already paid for or
rendered will be
terminated immediately.
» All new and
existing accounts are setup and billed on a anniversary basis.
» All payment is
expected in U.S. currency.
» Accounts that are
past due will be suspended within 72 hours of payment failure notice.
» Accounts may be
charged at anytime during the month of which the invoice is due.
» If the transaction
is run at least 3 times, and the client fails to make payment,
the account will be
suspended and or terminated without further notice.
» All new accounts
are billed on the anniversary date of the account being setup.
» PTC Hosting
reserves the right to change prices at any time without notification to
customer.
» Service fees do
accrue during any period of suspension.
» No receipts or
invoices will be sent by regular mail.
» The customer is
responsible for all money owed on the account from the time it was
established to the
time that the customer notifies PTC Hosting in writing for a request
for termination of
services.
» All credit cards
declined for any reason may be charged a $20 service charge.
» Checks returned
unpaid (NSF) will be accessed $50.00 service charge.
» At no time will
PTC Hosting allow a website to be operational past the last day of
the pre-paid date of
services. If user fails to update the account information,
PTC Hosting will
suspend the account without further notice and consider the account
closed.
» Check or money
order orders may be approved by PTC Hosting on a per case basis.
» There is a $50
administrative fee for each chargeback placed against us.
Any chargeback's or
threatened chargeback's or non-payment of services rendered
are grounds for
immediate account cancellation or termination for any accounts client
is hosting with PTC
Hosting.
11. Cancellation Policies
» Phone requests
will not constitute acceptance of any cancellation.
» Account
cancellations must be submitted by the billing account / credit
card holder. Account
cancellation require a service cancellation request form
(SCRF) be submitted
to PTC Hosting, account cancellation will not be valid until
confirmed by PTC
Hosting and a confirmed cancellation number (CCN) is assigned.
» PTC Hosting
reserves the right to cancel this service agreement at any time.
» Account
cancellations must be submitted before next date of recurring charges
or user will receive
a partial refund of unused months that were pre-paid.
» Account setup fees
and domain registration fees are not refundable and will be
withheld from any
cancellation request.
» In the event you
cancel your service, you will be charged in full for the entire
month in which you
canceled your service.
» Account
cancellations for accounts with a negative balance will be passed on
to collections, and
all services rendered to the party with the negative balance
will be terminated,
including domain registrations.
» Once cancellation
form is completed, account is considered terminated pending
all account
information matches all information on file.
12. Refund Policy
» A full refund
excluding domain registration fees, add-on/upgrade fees, overages
and startup fees is
provided within the first 5 days of your initial account activation.
» Refunds may take
up to 30 days to be processed. Once credit is issued, normal
circumstances allow
2 billing cycles for refund to show on your credit card statement.
» All Refunds are
applied with the same terms they were processed. For Check/Money
Order, a company
check will be sent to the mailing address we have in our billing system.
» If cancellation is
caused by customer's violation of this agreement, then no refund
will be disbursed.
» If you cancel
prior to the end of your contract term and you received special
pre-pay rates, your
hosting fees will be adjusted so that you pay the regular,
non-discounted
monthly fees.
» Customers who have
a clear intention of terminating their services and/or using
up all or a higher
than normal amount of resources before the 5 day refund, there
will be no refund
given and account will be terminated. Any prepaid full months
will be refunded
accordingly.
» In the event you
have elected to prepay subsequent, additional months' service fees,
we retain the right
to charge you an administrative fee of 75% and deduct the
administrative
fee from the
subsequent, future months' service sees before refunding them to you.
13. Disclaimer
» PTC Hosting
reserves the right to refuse service to anyone.
» PTC Hosting
reserves the right to terminate any web hosting customer based on
statements made by
customer which may threaten any legal action against PTC Hosting
and termination will
be immediate. Employees of PTC Hosting will be instructed to
inform the client
any further communications must be made though our legal department.
Customer is reminded
that PTC Hosting has on file a copy of PTC Hosting's required
Credit Card /
Policies Acceptance form which states PTC Hosting will not be
responsible
for any damages your
business may suffer.
» PTC Hosting will
not be responsible for any damages your business may suffer.
» PTC Hosting makes
no warranties of any kind, expressed or implied for services we provide.
» PTC Hosting
disclaims any warranty or merchantability or fitness for a particular
purpose.
This includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and
all service
interruptions caused by PTC Hosting and its employees. If user decides
to bring
any legal
proceedings against PTC Hosting, user will incur all legal fees and
court costs.
» PTC Hosting
furthermore expects that its subscribers who provide Internet services
to
others will comply fully with all applicable laws concerning the
privacy of on-line communications.
» A subscriber's
failure to comply with those laws will violate PTC Hosting policy.
» Finally, PTC
Hosting wishes to emphasize that in accepting services, subscribers
indemnify
PTC Hosting for any
violation of the subscriber of the Services Agreement, or of law or
PTC Hosting policy
that results in loss to PTC Hosting or the bringing of any claim
against
PTC Hosting. This
means that if PTC Hosting is sued because of activities of the
subscriber
that violate any law, the Services Agreement or this policy (which is
part of the Services Agreement),
the subscriber will
pay any damages awarded against PTC Hosting, plus costs and
reasonable attorneys
fees.
» PTC Hosting
reserves the right to revise its policies at any time without prior
notification.
Revised: Monday,
January 4, 2010
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