Plutost | Term of service

Terms of Service (TOS)

This policy represents the Plutost Terms of Service ("TOS") in its entirety and supercedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Plutost. Plutost reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers. Changes made to our Terms of Service(TOS) does not constitute early contract termination or non-payment.

Customers and clients can view the most current version of this policy at http://www.plutost.com/tos.html

Customers using any services offered by Plutost consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Plutost. any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

1. General Provisions
In consideration for Plutost maintaining one or more accounts (each "Account"), you agree to the following terms of service.

2. Definitions
* "We" "Us" or "Provider"Plutost.
* Plutost - Our Business
* "You" "Your" "Client" "Customer" or "Member."
Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

3. Disclaimer of Warranty: THE SERVICES, THE Plutost SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Plutost SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. PLUTOST 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, PLUTOST 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. OUR 1 HOUR RESPONSE TIME GURANTEE ONLY APPLIES IF THE OPERATOR SHOWED UP FOR THEIR SHIFT. IF NO OPERATOR SHOWED UP FOR THIER SHIFT, THEN THE 1 HOUR RESPONSE TIME GUARANTEE DOES NOT APPLY. We apply and handle your issues up to 7 days depends on the issues level. OUR SUPPORT TIME IS +7 GMT Worldwide Time.

4. No Other Warranty
Plutost 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 there from at customer's own risk. The services are provided on an 'as is' basis, and customer's use of the services at its own risk. Except as provided in the order form(s), Plutost 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, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. Plutost does not warrant that the services will be uninterrupted, error-free or completely secure.

5. Intellectual Property Ownership
This Agreement does not transfer from Plutost to Customer any Plutost Technology, and all right, title and interest in and to Plutost Technology will remain solely with Plutost. This Agreement does not transfer from Customer to Plutost any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. Plutost and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.

6. Services provided by Plutost: Plutost provides Internet server rental and rented space on servers as well as domain registratrion ("the Service") to its clients for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Plutost members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Plutost members will use the provided services in a manner consistent with any and all applicable laws of the United States, Netherlands, as well as the client's local laws. Plutost does reserve the right to refuse customers from utilization of services, with or without notification.

7. Website Content, Abuse, Violations & Strictly Prohibited

7.1 Content: Abuse and violations of system or network security are prohibited, and may result in suspension, cancellation or criminal and civil liability. Examples of system or network abuse or security violations include, without limitation, the following:

7.1.1 Hacking. 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.

7.1.2 Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

7.1.3 Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

7.1.4 Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

7.1.5 Offensive Material. Use of Plutost service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

7.1.6 Fraud. Use of Plutost service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.

7.1.7 Virus Distribution. Use of Plutost service to distribute Virus or any other forms of data which can cause considerable harms to any network.

7.1.8 Terrorism Activities. Use of Plutost services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.

To Report Abuse Please Contact: abuse(at)Plutost.com with the proper information.

Plutost may take any one or more of the following actions in response to complaints:

-Send DMCA to account holder
-Issue written or verbal warnings
-Disable access to a client's content which violates TOS
-Remove content which violates TOS
-Block mail or any other network service
-Null-route client's IP address
-Suspend the client's account
-Terminate the clients's account
-Bill the client for administrative costs and/or reactivation charges
-Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations

7.2 Unacceptable uses also include: Fraud, Unsolicited emailing, bulk emailing, mass emailing, newsgroup spamming, forum spamming, child porn, as well as hosting viruses, trojans, warez. keygens, serials, backup files, personal files, proxy scripts, rapidleech scripts, torrenflux scripts, torrent trackers, shell scripts, exploit scripts, irc bots/clients, and phishing pages. Clients caught hosting any of the above will suspended without notice.

Plutost will be the sole and final arbiter as to what constitutes a violation of this policy. Plutost does not normally monitor the contents of clients servers, however if suspicion occurs, Plutost reserves the right to investigate and terminate the clients subscription to the service with or without notice.

7.3 Bandwidth Usage: Plutost offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended. There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account will be suspended until you upgrade, warning e-mail's are sent out before your account reaches the maximum.

7.4 Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 15% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages(contact us for dedicated plans). Plutost will be the sole and final arbiter as to what constitutes a violation of this policy. Plutost does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above restrictions.

7.5 No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a Plutost server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Plutost network but is sent from an e-mail address not associated with that Plutost account. Client shall not use their Plutost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Plutost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.

7.6 False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and regulations. If any news groups or service provider contact Plutost concerning unethical, false or unlawful activities by you, Plutost reserve the right to terminate your service without notice.

7.7 Back-Up Files: Plutost provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Plutost currently does not utilize any back-up services and is not responsible for any lost data.

8. Payment, Renewal, Cancellations

8.1 Delivery of Services and Terms

Customer agrees to pay Plutost the fees charged by Plutost for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay Plutost the fees charged by Plutost for Supplemental Services, and hereby authorizes Plutost to perform such services on its behalf. All supplemental services are provided on an 'as is' basis and exclude warranties of any kind, whether express or implied in accordance with Plutost's current policies and prices.

8.2 Payment Obligations: Full payment is required in advance before hosting service is established. Plutost sends out invoices that are due every pay period. You are given three (3) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that Plutost may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended and possibly sent to collections. To have your account re-established, you will need to pay the monthly fees.

Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer related to Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with then current Plutost prices and policies.

8.3 Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Plutost thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

8.4 Cancellation & Refunds: Should you become unsatisfied with our shared or reseller hosting services within the first 7 days of your account activation, Plutost will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for domains, virtual private servers, dedicated servers, or pre-paid accounts after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer serivce and verify information before cancellation takes place.

9. 99.9% Service Level Agreement "SLA": Plutost offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Plutost will try to maintain maximum uptime. Plutost is not responsible for any downtime caused by the client or computer malfunction but will do our best to fix any problems that may arise.

10. 7-Day Money Back Guarantee: Plutost offers an unconditional 7-day money back guarantee that covers cancellations of an web hosting account made during the first 7 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their paypal account or credit card minus any setup fees which are non-refundable. The guarantee does not apply to domains, virtual private servers, dedicated servers or accounts with non-use, misuse, and/or abuse of this agreement.

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