Web Hosting Provider TOS
TERMS & CONDITIONS OF SERVICE
Pangea Webhosting ("Pangea") is a web hosting provider to
many clients, and we have a responsibility to protect each client and to provide
the best services available. The following guidelines were designed to ensure
these obligations are met. These terms and conditions are to protect our customers
and ensure equal performance for all users.
the individual whose name is upon the account(s) will be permitted to request
changes to said account(s). Likewise, inquiries into Customer information will
be answered to the Account Holder only. However, we will cooperate with legal
authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrong.
All services provided by
Pangea 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, or any International laws is prohibited. This
includes, but is not limited to:
copy righted material, material we judge to
be threatening or obscene, or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold harmless Pangea from
any claims resulting from the use of the service which damages the subscriber or
any other party.
Pornography is prohibited on Pangea's servers. This
includes sites that links to such content. We do allow soft adult content,
including sex-related merchandising on some servers. Please contact sales if you
are planning to have this on your site.
If general if you are unsure whether
or not your site falls into this category feel free to us with a description
before signing up for an account or publish material as an existing customer.
Pangea will be the sole arbiter in determining violations of this
Also prohibited are sites that promote any illegal activity or
present content that may be damaging to Pangea servers or any other
server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
· Pirated software.
· Violations of Copyrights.
· Hacker programs or archives.
· Warez sites.
· Hate propaganda
· Gaming sites
Pangea will be the sole arbiter as to what constitutes a
violation of this provision.
MP3 and other
We do not allow the storage or
distribution of MP3 files containing copyrighted music. You may distribute MP3
files of music you have created.
Commercial E-mail (SPAM)
Spamming, or the
sending of unsolicited email, from a Pangea server or using an email
address or domain that is maintained on an Pangea machine as reference is
STRICTLY prohibited. As delegated by our upstream providers, any sites using
spam or selling of spam related software or bulk email content will be closed.
Pangea will be the sole arbiter as to what constitutes a violation of
Spamming WILL get your account
We have found most our customers to stay within
"reasonable limits" However, to maintain the integrity of our service, we must
state the following restrictions:
To all our accounts applies the following
· Multiple hosts resolving at an IP or domain name
provide without our prior permission.
· Sites with cgi's running from their
domain used on other domains.
· Sites using more than 10% of system
resources on any one server.
· Sites running daily above 1 cpu of processor
Pangea will be the sole arbiter as to what constitutes a
violation of this provision.
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, we provide a chat system
with all our hosting plans which you may use free of charge.
We send out invoices several days before your account becomes due. All credit
cards are billed automatically on the anniversary date of your account. 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 24 hours the web site
will be deleted without further warning.
If your web site is important, you
are strongly recommended to pay using a credit card, not a debit card (which are
more prone to failures) or to pay annually (for which you will receive a
discount). Payments with PayPal should be made before the due date to avoid
To cancel an account please contact us with
your domain name, username and password.
Accounts will be closed the same day, we do not schedule closures for the end of the
current months hosting. Accounts are only be considered cancelled once we have
conformed by e-mail that we have cancelled it for you. If you have not received
conformation from us it means your account is still open and you will be billed
for all services provided until we have given such
Pangea 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. All accounts are
RENEWED and billed automatically if no cancellation request has been
In the event of written notification of account
termination being sent by Pangea to a customer, any such communication
sent by normal post shall be considered received by the
We may allow programs
to run continually in the background. These are considered on a case-by-case
basis and an extra charge will be incurred based on system resources used and
operational maintenance needed.
IRC: We do not allow IRC or IRC bots to be
operated on our servers.
Pangea provides SSH (secure telnet) access on some
accounts. SSH access is provided for the purpose of testing scripts and carrying
out site maintenance. It is not provided for any other purpose and there is no
warranty of any kind should SSH fail to function for off server connections or
activities. Going outside the user's own account files will lead to immediate
and permanent cancellation of SSH access.
Any attempt to
undermine or cause harm to a server, or customer, of Pangea is strictly
prohibited. Offenders will be prosecuted to the fullest extent of the
Domain name registration
Domain names registered for use with web hosting accounts
provided by Pangea are registered by Pangea. Pangea is
listed as technical, admin (and sometimes billing) contact for the domain name.
These contact details can be changed at the customers request, but we reserve
the right to cancel any hosting agreement connected with the domain name if this
Domain name registration fees are not refundable. It is the
customers responsibility to ensure that all names are spelled correctly prior to
ordering domain names.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service
at our sole discretion.
Your use of Pangea's services
are at your sole risk. All Pangea services are provided on an "AS IS" basis WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY,
INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON
INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the
exclusion of implied warranties, so this exclusion may not apply to you in full.
Pangea makes no guarantee of availability of service and reserves the
right to change, withdraw, suspend, or discontinue any functionality or feature
of the Pangea service.
IN NO EVENT
WILL PANGEA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE PANGEA'S SERVICES OR ANY
CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR
INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY
FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY
IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY
The formation, construction and interpretation
of this agreement shall be controlled by the laws of United States of America.
The U.N. Convention of Contracts for the International Sale of Goods is
expressly excluded from any interpretation of this Agreement.
relating to this agreement shall be subject to the exclusive jurisdiction of the
courts in Tampa, USA, and the parties agree to submit to the personal and
exclusive jurisdiction and venue of these courts.
Pangea reserves the
right to change or amend these Terms of Service at any time without prior
notice. By submitting your order to Pangea, you signify your agreement to
these Terms of Service.
If you do not agree to these Terms, then please
don't submit an order!
Violations of these Acceptable Uses Policies and
Terms of Service should be reported to us online by clicking here to contact us.
All complaints will be investigated promptly.
violations of terms or conditions can be ground for immediate account
deactivation without refund.