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Terms Of Service

 

PetRescue Hosting is owned and operated at this time solely by Jim Williamson. This is not a 'business' as such, and is simply one person sharing space and bandwidth with others in an effort to provide proper webhosting for animal rescue organizations and web-businesses related to animal rescue.

As used in this Agreement, "PetRescue Hosting" means Jim Williamson, and "Client", "you", or "your" means you. By clicking on the "Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the PetRescue Hosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "PetRescue Hosting Site" refers to the Site located at the URL http://www.petrescuehosting.com, or any other successor Sites owned or maintained by PetRescue Hosting.

1. APPROPRIATE USE OF THE SERVICES.

Client Content:

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any PetRescue Hosting server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Insider Hosting or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate violate any PetRescue Hosting policy posted on the PetRescue Hosting Site. You agree that you will not send malicious e-mails which contain viruses or other computer programming defects which result in damage to PetRescue Hosting or any third party.

 PetRescue Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms:

We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, a chat room is provided with the Cpanel interface which you may use.

Forum Boards:

We currently allow only PHP driven forum boards. Flat-file boards are bandwidth hogs and will not be tolerated. A good one to try is phpBB This is a good, free, board that will not take up excessive bandwidth on the servers. It can be found on your control panel.

Spam:

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Insider Hosting, or otherwise, that mentions or reference any domain hosted on Insider Hosting servers or parked on Insider Hosting DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! We reserve the right to fine violators $500 per incident of spamming abuse.)

PetRescue Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Spamming WILL get your account terminated.

Additionally, PetRescue Hosting reserves the right to block inbound emails that may be considered UCE. These emails consume disk space and bandwidth, and additionally can cause performance related problems server-wide.

Bandwidth:

Client may occupy only the amount of disk space on the PetRescue Hosting Server and utilize no more than the network bandwidth that is allotted by PetRescue Hosting. Additional fees, specified in the PetRescue Hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

Licensed Software Only:

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files:

Client will have the ability to reinstate files which are automatically archived by PetRescue Hosting; however, PetRescue Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.

Termination:

PetRescue Hosting reserves the right to refuse service to anyone. PetRescue Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact us.

2. Payment Obligations And Service Fees.

Payment is due 30 days from the day you initialize hosting, of each month. For instance, if you started your monthly hosting on the 4th of a month, 30 days later your next hosting fee will be debited. PetRescue Hosting will debit Client's credit card (where such information is provided by Client) PetRescue Hosting shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to PetRescue Hosting. Certain services carry a set-up fee charged by PetRescue Hosting to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to PetRescue Hosting and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Insider Hosting for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

If your domain on PetRescue Hosting servers is suspended for non-payment, you will owe the current month in fees plus a service charge of $25 (USD) to reinstate your domain. This fee is for each domain that you host with PetRescue Hosting. Multi-domains are simply charged $25 (USD) for the main domain. PetRescue Hosting will maintain an archival copy of Client's Web site for Seven (7) days. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services. In extreme cases where the domain has been suspended for non-payment and then deleted, the Client will still owe PetRescue Hosting for the fees. An interest accrual of 10 percent (%) of the total balanced owed, will be placed on this if payment is not made within 30 days. This said, the domain(s) in question will still be the property of the Client. The domain(s) not actively hosted with PetRescue Hosting, does not negate the Client from paying PetRescue Hosting the fees due.

When the domain is deleted, Client shall pay a fee of Fifty Dollars ($50 USD) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. There will only be an archival kept for seven (7) calendar days. After that time, Client needs to re-establish the domain through FTP and other means.

PetRescue Hosting will not be held liable for the non-arrival of a notification email. It is your responsibility to ensure that you have a current email address on record with us at all times.

30 Day Money Back Guarantee:

Should you become unsatisfied with our services within the first 30 days of your account activation, PetRescue Hosting will refund your hosting fee.

Recurring Billing:

We DO NOT send out invoices. All credit cards are billed automatically monthly, every 30 days. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason we will suspend the web site and send an e-mail with instructions for submitting a new credit card. If a new credit card is not submitted within 72 hours the web site will be deleted without further warning. A $25 fee will be charged to re-activate the domain.

Domain Names:

If Client chooses to register a domain name(s) through PetRescue Hosting, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. PetRescue Hosting does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

Currently if requested, we will handle the registration of domain name for you through GoDaddy, handling the entire setup. The domain will be registered in your name, and owned by you. We do charge an additional $10.00 US to handle this transaction.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall PetRescue Hosting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless PetRescue Hosting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement, (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50 USD) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. PetRescue Hosting will maintain an archival copy of Client's Web site for Seven (7) days after PetRescue Hosting receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

PetRescue Hosting will not be held liable for the non-arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us.

5. TAXES

Client will pay and indemnify and hold PetRescue Hosting harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE PetRescue Hosting SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE PetRescue Hosting SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. VENTURES ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PetRescue Hosting SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL PetRescue Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE PetRescue Hosting SITE OR ANY PetRescue Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PetRescue Hosting CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile. Please contact us for our FAX number.

Jim Williamson

613 Truman St

Moro, IL 62067
U.S.A.

If to Client: Name and address provided for account setup. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by PetRescue Hosting.

Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.

This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and PetRescue Hosting’ policies are subject to change by PetRescue Hosting without notice. Continued usage of the Services after a change to this Agreement by PetRescue Hosting or after a new policy is implemented and posted on the PetRescue Hosting Site constitutes your acceptance of such change or policy.

We encourage you to regularly check the PetRescue Hosting Site for any changes or additions.


 

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