Wednesday, February 22, 2012

Our Terms and Conditions

What is this?

The Terms of Use (TOU) are the rules and regulations that specify guidelines for using our services. All use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Point Action Services, Inc implies agreement with these terms!

Questions?

Any questions regarding this agreement should be sent to Point Action Services, Inc Click Here prior to signing up for service.

Hosting Terms of Service

Point Action Services, Inc (hereinafter referred to as "Point Action Services, Inc") provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Point Action Services, Inc services.

Point Action Services, Inc services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Point Action Services, Inc provides to customers);
2. any use by customers, or any access provided to customers by Point Action Services, Inc, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by Point Action Services, Inc to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by Point Action Services, Inc to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the Point Action Services, Inc's Web site, including the Web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by Point Action Services, Inc to customers, whether used or not;
8. any other Point Action Services, Inc services that are used by customers, whether offered or provided by Point Action Services, Inc to customers.

Point Action Services, Inc Service Agreement

The Point Action Services, Inc Service Agreement is a separate agreement between Point Action Services, Inc and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Point Action Services, Inc services. Click Here for any clarifications.

End User Agreement

Customers may not sublease, sub host, or give away control of any portion of their Point Action Services, Inc space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our website.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with Point Action Services, Inc will be the individual or organization whose name is listed in Point Action Services, Inc database as the owner. Customers will fully cooperate with and abide by any and all of Point Action Services, Inc's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Point Action Services, Inc.

Content

All services provided by Point Action Services, Inc may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Point Action Services, Inc from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on Point Action Services, Inc servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Examples of non-acceptable content or links

Pirated software
Bulk Email related products
Pornography/Nudity/Adult Content
Hacking/cracking related websites
Warez and/or copyrighted MP3s
Illegal material or material that is against public policy
Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

The use of Point Action Services, Inc services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Point Action Services, Inc is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Point Action Services, Inc servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Point Action Services, Inc services, all Point Action Services, Inc customers certify that they and/or the organization they represent in procuring services from Point Action Services, Inc are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Point Action Services, Inc will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Illegal Use

Copyright Violations

Point Action Services, Inc will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If Point Action Services, Inc system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, Point Action Services, Inc may temporarily deactivate the account in question. If Point Action Services, Inc staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with twenty (20) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.

Point Action Services, Inc will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Domain Parking Circumvention

Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. Clients are free to use any and all of the three chat systems that come pre-installed on all accounts.

Background Running Programs (bots/daemons/monitors)

Customers are not permitted to run programs in the background on hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

Backup of Data

Except where Point Action Services, Inc has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Point Action Services, Inc is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Point Action Services, Inc services.

Support Abuse

At Point Action Services, Inc, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. We will not issue a refund pre-paid service.

Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.

Cron Jobs

We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of NetAdmin.

IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

Shell Access

Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to support department before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.

Unsolicited Email (SPAM)

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Point Action Services, Inc customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Point Action Services, Inc server, and selling or distributing software (on a Web site residing on a Point Action Services, Inc server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Point Action Services, Inc reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Point Action Services, Inc will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Help us STOP SPAM! Please email our abuse department abuse department immediately to report a violation of our SPAM policies.

Viruses and Other Destructive Activities

Use of Point Action Services, Inc's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Point Action Services, Inc's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Modifications

Point Action Services, Inc may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Point Action Services, Inc's services. Certain changes to Point Action Services, Inc's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Point Action Services, Inc is not liable, for any and all such personalized applications and content, except as expressly agreed to by Point Action Services, Inc.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Point Action Services, Inc may immediately terminate provision of Point Action Services, Inc services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Point Action Services, Inc in such event.

Minimum Age Requirement

Point Action Services, Inc customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Point Action Services, Inc customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Point Action Services, Inc services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Point Action Services, Inc's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Point Action Services, Inc's services will be deemed null and void to the extent that Point Action Services, Inc will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Point Action Services, Inc services.

Governing Law and Severability

The TOU, and any other agreement for Point Action Services, Inc services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Point Action Services, Inc will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Point Action Services, Inc agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

Point Action Services, Inc will not be liable for delays in its performance of the TOU or Point Action Services, Inc services caused by circumstances beyond Point Action Services, Inc's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Point Action Services, Inc will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Point Action Services, Inc services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Point Action Services, Inc.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Point Action Services, Inc and its customers. Each of Point Action Services, Inc and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for Point Action Services, Inc services, constitutes the complete understanding and agreement between Point Action Services, Inc and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Point Action Services, Inc, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Point Action Services, Inc services is between Point Action Services, Inc and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Point Action Services, Inc.

Customer Billing Policy

The following Terms of Use constitute Point Action Services, Inc Billing Policy and apply to ALL Point Action Services, Inc customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. Point Action Services, Inc accepts the following types of payment:

Credit Card (Visa, MasterCard, American Express) "Preferred Payment"

Checks (Invoice numbers must be on the check. Checks must be recieved by or before the end of the 10 day grace period to avoid the suspension. New accounts checks be recieved and posted to the account before the services can be activated.)

Money Orders (Invoice numbers must be on the money order. Money orders must be recieved by or before the end of the 10 day grace period to avoid the suspension. New accounts money orders must be recieved and posted to the account before the services can be activated.)

Invoice Generation 20 days before the due payment date

Invoice Unpaid Reminder 5 days before the invoice due date

First Overdue Reminder 2 days after the invoice due date

Second Overdue Reminder 4 days after the invoice due date

Third Overdue Reminder 7 days after the invoice due date

$ 10.00 Late Fee 10 days after the invoice due date and the account will be suspended. Account will be unsuspended when the past due and late charge is paid in full.

30 Day Past Due Warning with a $ 25.00 Late Fee 30 days after the invoice due date and the account will stay suspended. Account will be unsuspended when the past due and all late charges is paid in full.

If account not paid 45 days after the invoice due date the account will be canceled and all account domains and websites will be deleted from servers.

Billing Cycles (Terms)

Point Action Services, Inc offers six Billing Cycles (terms) for hosting charges: Monthly, Quarterly, Semi-Annually, Annually. The Billing Cycle begins on the Plan Activation Date.

You may elect to change your Billing Cycle at any time.

Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.

All invoices are sent out 20 days before the due date.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements

Point Action Services, Inc does not mail paper invoices or statements. Statements can be viewed and printed through the Account Manager.

Fees

There is a $ 25.00 (NSF) non sufficient funds fee for all returned checks.

There is a $ 25.00 fee for all bad money orders.

A $25.00 chargeback fee will be assessed for each credit card chargeback received by Point Action Services, Inc.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request 20 days before the next to our billing cycle department via the Account Manager located at My Account. Point Action Services, Inc's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.

Cancellation requests must be received by Point Action Services, Inc a minimum of thirty (20) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (20) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Point Action Services, Inc. Point Action Services, Inc is unable to cancel your account effective for a future date. Point Action Services, Inc will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Point Action Services, Inc as soon as possible.

Point Action Services, Inc will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.

Point Action Services, Inc does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Point Action Services, Inc's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Point Action Services, Inc, reserves the right to cancel any account, at any time, without notice, for any reason Point Action Services, Inc considers appropriate. Point Action Services, Inc holds the legal rights to take legal means to collect ballances owed due to cuntomer not paying for the services and not following the cacellation terms and conditions.

30-Day Money Back Guarantee

Each of Point Action Services, Inc's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Credit Card Disputes/Chargebacks

Point Action Services, Inc has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Point Action Services, Inc discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

Point Action Services, Inc's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Disclaimer

The Point Action Services, Inc service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Point Action Services, Inc expressly disclaims any representation or warranty that the Point Action Services, Inc service will be error-free, secure or uninterrupted. No oral advice or written information given by Point Action Services, Inc, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Point Action Services, Inc and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation without refund, subject to Point Action Services, Inc discretion. Any accounts and/or servers contained within Point Action Services, Inc network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Point Action Services, Inc reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.