Acceptable Usage Policy
1Pesohosting, is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. 1Pesohosting will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact us
Illegal Usage
1Pesohosting 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 is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to 1Pesohosting service agrees to indemnify and hold harmless 1Pesohosting from any claims resulting from the use of the service that damages the subscriber or any other party.
1Pesohosting will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Adult content are NOT allowed to be hosted on our servers.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. 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 email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. 1Pesohosting shall be the sole arbiter of what is considered to be a high server usage level.
CGI/PHP Scripts
Cgi script sharing with domains not hosted by 1Pesohosting is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. See our Script Usage Policy for more details.
Chat Rooms
1Pesohosting does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.
Background Running Programs and Cron Jobs
1Pesohosting does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
IRC
1Pesohosting does not allow IRC or IRC bots to be operated on our servers.
Backups
1Pesohosting is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups of the CLIENT. We have provided a way on the control panel of each site to initiate a very simple backup procedure, it will not be our responsibility to create your primary off-site backups. We keep regular backups of the whole server however, these backups are meant to be secondary of your primary backups.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of 1Pesohosting 's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of 1Pesohosting to provide this knowledge or support outside matter specific to 1Pesohosting servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a 1Pesohosting server or using an email address that is maintained on a 1Pesohosting machine is STRICTLY prohibited. 1Pesohosting will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a 1Pesohosting server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of US$250.00 or Php12,000.00 fine and will face an immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a 1Pesohosting server or customer of 1Pesohosting is strictly prohibited.
Any sub-networks of 1Pesohosting and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
1Pesohosting's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. 1Pesohosting Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Database
Any database stored on 1Pesohosting servers shall be limited in size to 20% of the total disk space allotted for a particular domain.
Actions Taken by 1Pesohosting
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. 1Pesohosting will be the sole arbiter as to what constitutes a violation of the AUP. 1Pesohosting reserves the right to remove any account without prior notice.
When 1Pesohosting becomes aware of an alleged violation of its AUP, 1Pesohosting will initiate an investigation. During the investigation, 1Pesohosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, 1Pesohosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, 1Pesohosting will notify the appropriate law enforcement authorities of such violation.
1Pesohosting does not issue credits for outages incurred through service disablement resulting from AUP violations.
1Pesohosting customers agree to indemnify and hold harmless 1Pesohosting from any claims resulting from the use of our services that damages them or any other party. The 1Pesohosting 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. 1Pesohosting expressly disclaims any representation or warranty that the 1Pesohosting service will be error-free, secure or uninterrupted. No oral advice or written information given by 1Pesohosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 1Pesohosting 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.
Modification
1Pesohosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
--- Billing Policy ---
Electronic Transactions and Documents
As an online service, the Client understands and accepts that most if not all transactions are done electronically. As with any other online service, documents, invoices, billing, notifications are sent thru electronic mail. It is therefore the Client's responsibility to make sure that the electronic mail address stored on 1pesohohosting.com's billing record are current and working. 1Pesohosting cannot be held responsible or liable for any lost document, notice, billing and the likes due to outdates, non-working or fake email address.
Recurring Services
Virtual shared hosting, reseller accounts, dedicated servers, domain names are some of our services with recurring billing. Recurring billing means that services provided are paid for on a regular basis either montly, quarterly, semi-annually or annually. The client understands and accepts that recurring billings are paid for in advance.
Account Suspension
Invoices and outstanding balance that have not been paid for or settled 1 day after the due date will be subject to suspension. Account suspension will be done to prevent the account from using up resources after the billing cycle or unpaid month. Account suspension would mean that data, files, backups, emails etc will not be accessible until settlement has been received. Suspended accounts for more than one month are subject to termination.
Account Reconnection/Reactivation
If in the event an account has been terminated, the client will be required to pay the outstanding amount plus Php 500 reconnection fee for each account.
Bandwidth/Disk overage
An account may be automatically suspended for consuming more than their allocated bandwidth or space for the month. Client can choose to pay for the bandwidth overage, upgrade the plan or wait for the next billing cycle for the bandwidth counter reset. For disk space overage, client will have to either upgrade the plan or delete files/emails to have the service restored.
Account Downgrades/Upgrades
Account downgrades can only be requested 30 days before the next billing cycle. Failure to comply would require client to settle in full the same plan he or she was currently billed. Account upgrades can be done anytime as soon as the adjustments has been settled.
Account termination
Cancelation of a recurring service should be done at least 30 days before the next billing cycle or client will have to pay the outstanding amount of the existing and upcoming billing statement. Upon termination, all files, data, emails, backups, etc will be permanently removed from the server and will not be retrievable by any means.
Client's responsibility on recurring services
Since the Client understands that services rendered by 1pesohosting are recurring in nature, it is therefore the clients responsibility to pay the regular invoice on or before the billing cycle or be subject to disconnection even if invoice or notice has not been received.
Domain Renewal/Termination
Domain names are registered annually. Clients who fail to renew domain names BEFORE the expiration are subject to immediate disconnection. Domain names can be registered by a different party immediately after expiration. It is the clients reponsibility to pay and renew domain names. 1Pesohosting cannot be held liable for expired domain names that cannot be renewed.
Refund policy
1Pesohosting provides a 30 days money back for all hosting services except domain names and dedicated servers. Domain names can be cancelled prior to the next renewal while servers can be cancelled 15 days before the next billing cycle which is 19th of every month. Domain names cannot be refunded for any reason such as but not limited to wrong spelling, wrong extension, etc.
--- Reseller and Dedicated Server Support Policy ---
Self-managed service
As a self-managed service, Resellers and dedicated server clients understand and accept that 1Pesohosting's responsibility is on the server and control panel support. 1Pesohosting expects that the client is fully aware of the responsibilities of the reseller and as such has knowledge in running his reseller account or managing his dedicated server. Usage, user, client, website and such support are not part of the regular plan unless a managed service is purchased. It is therefore expected that any work against the Reseller's account or the dedicated server and website clients such as updating content, website upgrades, backups, data migration, site migration among others are to be done by the reseller.
Reseller/Dedicated Server client liability
Resellers and dedicated server clients will be held liable for their client's activities. The AUP stated above also applies to the reseller and dedicated server customer. It is every reseller or server customer's responsibility to monitor and secure their accounts and clients. If for any reason that the AUP has been violated by the reseller's client, the reseller's account or server maybe subjected to account suspension or termination depending on the violation.
Client Acceptance:
I understand and accept the above AUP, Billing Policy and Reseller and Dedicated server support policy. |
