1PesoHosting.Com, 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.Com 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 at [email protected]
Illegal Usage
1PesoHosting.Com 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.Com service agrees to indemnify and hold harmless 1PesoHosting.Com from any claims resulting from the use of the service that damages the subscriber or any other party.
1PesoHosting.Com 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.Com shall be the sole arbiter of what is considered to be a high server usage level.
Clients may not use shared web hosting space for anything other than active hosting files, i.e., files needed for their actual website. It is not to be used to store other data, backups, or archive files of any kind. Files must be publicly accessible and linked on your site.
If our system administrators determine that a customer’s account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question to preserve server integrity for other users. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients services. The Company is the sole arbiter as to what constitutes a violation of this provision. Clients will not use more than 30% of a systems resource for longer than 1 minute or more than 100,000 inodes on any single shared or resold hosting account or 500,000 inodes reseller wide for reseller accounts. Virtual Private Servers may not utilize more than 1,000,000 inodes. Dedicated server customers are free to utilize 100% of their dedicated server(s) resources including inodes. Clients reaching or exceeding this limit will be contacted so we can evaluate their needs and if necessary make other arrangements.
You may not use your shared, business hosting or reseller accounts for file storage of other accounts, backups, storing backups of DVD’s, mp3′s. Large and plentiful files used in this manner on an active system can cause file system corruption and lead to not just your own data loss but that of others.
You may not send more than 200 emails per hour on your shared, semi-dedicated or reseller accounts. Any emails over that limit will be discarded. You may batch the emails to stay within limits. Other accounts types such as VPS and Dedicated servers are exempt from this limit.
CGI/PHP Scripts
Cgi script sharing with domains not hosted by 1PesoHosting.Com 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.Com 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.Com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
IRC
1PesoHosting.Com does not allow IRC or IRC bots to be operated on our servers.
Backups
1PesoHosting.Com 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 and should not be relied upon as we keep this for critical server files only.
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.Com ‘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.Com to provide this knowledge or support outside matter specific to 1PesoHosting.Com servers.
You are responsible for any and all content in and under your site or account at all times. All services provided by us 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. Use of our services to infringe upon any copyright or trademark is prohibited.
We do permit legal adult content on dedicated servers, colocation services, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of “adult content” as it pertains to our services.
Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. This includes but is not limited to unauthorized copying of movies, music, books, photographs, or any other copyrighted work. We do not allow any content that may be construed as offensive or illegal including, but not limited to pirated software, bit torrents, bitcoin (except dedicated servers), IRC, Proxies, hacker programs/archives, copyrighted MP3′s, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities. 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. Links to such materials are prohibited.
UCE (Unsolicited Commerce Email) or Mass Mailing
SPAM or Mass Mailing- Spamming, or the sending of mass unsolicited email, from or through a 1PesoHosting.Com server or using an email address that is maintained on a 1PesoHosting.Com machine is STRICTLY prohibited. Likewise, sending of mass mail or bulk mail all at the same time using your 1PesoHosting.Com hosted email address is not allowed. 1PesoHosting.Com 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.Com server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of US$500.00 or Php25,000.00 fine and will face an immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a 1PesoHosting.Com server or customer of 1PesoHosting.Com is strictly prohibited.
Any sub-networks of 1PesoHosting.Com 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.Com’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.Com 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.Com servers shall be limited in size to 20% of the total disk space allotted for a particular domain.
Actions Taken by 1PesoHosting.Com
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. 1PesoHosting.Com will be the sole arbiter as to what constitutes a violation of the AUP. 1PesoHosting.Com reserves the right to remove any account without prior notice.
When 1PesoHosting.Com becomes aware of an alleged violation of its AUP/TOS, 1PesoHosting.Com will initiate an investigation. During the investigation, 1PesoHosting.Com may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, 1PesoHosting.Com 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.Com will notify the appropriate law enforcement authorities of such violation. If a customer has been suspended for more than 2x for the same incident or concern, 1PesoHosting.Com may charge a fee for account re-activation of at least Php 5,000 or more depending on the severity of the issue.
1PesoHosting.Com does not issue credits for outages incurred through service disablement resulting from AUP/TOS violations.
1PesoHosting.Com customers agree to indemnify and hold harmless 1PesoHosting.Com from any claims resulting from the use of our services that damages them or any other party. The 1PesoHosting.Com 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.Com expressly disclaims any representation or warranty that the 1PesoHosting.Com service will be error-free, secure or uninterrupted. No oral advice or written information given by 1PesoHosting.Com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 1PesoHosting.Com 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.Com 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.Com 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 monthly, 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 15 days 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 5,000 reconnection fee for each account. 1PesoHosting.Com does not guarantee that data, such as but not including to web files, emails, images, can be restored/retrieved once an account has been terminated. If the account has been suspended more than 2x for reasons that violated the Acceptable Usage Policy or Terms of Service, 1PesoHosting.Com reserves the right to charge for account restoration.
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.Com 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 responsibility to pay and renew domain names. 1PesoHosting.Com cannot be held liable for expired domain names that cannot be renewed.
Account Termination
A terminated account will mean all data under that account will be deleted automatically. Clients agree that reconnected/reactivated accounts after termination will likely to lose their data. Clients agree that once terminated, they will have to re-upload and re-create data that was previously stored. 1PesoHosting.Com will make it’s very best to assist the client on recovering the data but will not be held responsible or liable for such.
Refund policy
1PesoHosting.Com provides a 30 days money back for all hosting services except domain names, VPS 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. Domain names cannot be refunded for any reason such as but not limited to wrong spelling, wrong extension, etc. Accounts that were terminated for violating the AUP and ToS will not be refunded.
‘” Reseller and Dedicated Server Support Policy ‘”
Self-managed service: As a self-managed service, Resellers and dedicated server clients understand and accept that 1PesoHosting.Com’s responsibility is on the server and control panel support. 1PesoHosting.Com 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/TOS 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.