PACIFIC WEB EFFECTS TERMS OF SERVICES AGREEMENT
Pacific Web Effects provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to ensure this intent is met.
Use of services from Pacific Web Effects, hereafter referred to as “Pacific Web Effects,” constitutes acceptance and agreement to these terms. From herewith in this terms of service (“TOS”), the usage of “us”, “we”, “our”, “ours” shall constitute reference to Pacific Web Effects, the usage of “you”, “your”, “they”, “them” shall refer to the client / customer of Pacific Web Effects. All clients, servers, traffic, and equipment of Pacific Web Effects are subject to terms herein.
This agreement is made between Pacific Web Effects (the “Contractor”) and the customer (the “Client”). By utilizing the Contractor’s services and products, the Client agrees to be bound by the terms herein outlined. The Contractor retains the right to modify the Terms of Service at any time without prior notice, and any modifications shall be automatically effective as to all customers when adopted by Contractor and published at pacificwebeffects.com. Contractor shall be the sole arbiter in the interpretation of Pacific Web Effects’ Terms of Service.
- Pacific Web Effects does not allow pornographic material.
- Pacific Web Effects does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
- Pacific Web Effects reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:
- Abuse of the machines – either intentional or due to improper coding.
- Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
The Services to traffic in illegal drugs, gambling and/or obscene materials.
- The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
- Additionally, Pacific Web Effects reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
- Use of ad-servers, attempts to circumvent quota system owned by ‘nobody’, certain podcasting sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
- Attempts to circumvent any of our security policies, procedures or systems.
Contractor is an Independent Contractor:
Client shall not withhold any amount (such as taxes) that would normally be withheld from an employee’s pay.
Contact & Billing Information:
You must provide us with, and keep current, accurate contact information for you. This includes but is not limited to e-mail addresses not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. It is your responsibility to ensure the email address on file is current or up to date at all times. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, email, or by telephone.
While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types may often require a great deal of extra time to provision. Additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. We make no guarantees in regards to the speed in which an order is completed. Accounts will only enter the setup queue once we have received payment and screened the order for fraud. Accounts are then setup in the order they are paid, received, and screened. In certain cases such as high risk transactions, it may be necessary to provide government issued identification and a scan of the credit card used. If you fail to meet any requirements, the order may be canceled without notice.
In certain cases where requested by the client we will transfer your data from the previous provider to our servers. This will be done with our best efforts, however, we do not guarantee the transfer process. This concierge service is done on an as requested and as available on a case-by-case basis. Each provider may use different software, configurations, and/or other variables which complicate or in some cases prevent a smooth transfer. We will provide free transfers when possible as long as the new environment and control panel are the same as the old host/server. We will advise you if your free move is not possible and what the rate will be if you wish us to proceed at that point. We do not guarantee the transfers will be successful, complete, or done in a certain period of time.
If we assign a Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies.
You may not resell hosting within our account. Clients may not use this 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.
Pacific Web Effects reserves the right to reset the password if the password on file does not work if we are being directed to by law enforcement or to perform security audits. Clients must ensure the email, phone number, and passwords on file are current at all times. Pacific Web Effects reserves the right to audit servers to ensure a secure and safe network. Dedicated servers are not backed up but we do offer several methods of added service for an additional fee to help clients setup a backup such as our enterprise backup service. Please contact sales at Pacific Web Effects or call us to discuss your options.
Pacific Web Effects affiliate program is an added service, extra and free. We reserve the right to end it at any time without compensation or replacement. We offer no guarantees, warranties, promises, or price locks. The details of the program can be altered or terminated at any time without prior notice. Reward points are eligible to be used towards the purchase of new services only and only for the initial payment of said new services. Subsequent payments towards the newly acquired services cannot be paid with reward points.
You are also requesting us to register your site for you when selecting “new domain” in the order form of our site. Pacific Web Effects will register such services for you on your behalf but it is your responsibility to ensure the correct name servers are set for your domain. All domain registrations are NON-REFUNDABLE. You, as the registrant of the new domain, are required to ensure accurate whois information is maintained at all times.
Pacific Web Effects reserves the right to change pricing terms on any accounts and services at any time. We have little control over third party licensing where prices can go up outside of our control. New accounts for current customers are subject to the current fees at the time the new account is opened.
Billing and Payments:
You agree to pay Pacific Web Effects in advance for the services to be rendered. Subsequent payments are due on the anniversary date of your plans term. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. Client agrees to all annual and longer term recurring charges that are not canceled at least 30 days before the next renewal date. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Pacific Web Effects reserves the right to bill your credit card or information on file. We are not responsible for any fees assessed by your bank as a result of your account being invoiced.
Invoices that are paid more than once or any other over-payments can only be added as credit towards the account and can not be refunded. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $50 administrative fee in addition to the disputed charge before service can be restored. We may request payment in cashiers check or money order before restoring service. All billing disputes must be reported within 30 days of the time the dispute occurred. Pacific Web Effects may temporarily deny service or terminate this Agreement upon the failure of client to pay charges when due. Such termination or denial will not relieve client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Late Fee Schedule:
Pacific Web Effects provides a 15 day grace period from the time invoices are generated. Invoices are due upon receipt. Invoices not paid within 30 days may be subject to a late fee of $25.00 (twenty five dollars USD), and late fees will continue to accrue every month past the due date. Service will be interrupted on accounts that are 30 days past due. Service suspended for nonpayment will remain disconnected until the account balance or contract term is paid in full. Account will be on pre-paid basis after 3 late payments. If account remains delinquent 90 days after invoice date, Pacific Web Effects reserves the right to terminate the website from viewing on the Internet until debt is paid. Should collection activities become necessary, the Client agrees to pay all collection fees. There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
Web Design Payments:
The full amount is due in advance for all design fees that total $600 or less. For design projects more than $600, a deposit of 35% of your total project amount is required to begin your web project, 35% halfway, and remaining 30% is due prior to website being uploaded live to the Internet. Client agrees to reimburse Contractor for any expenses necessary to complete the project including telephone consultation, travel, onsite meetings, research, software, stock images, WordPress plugins, and photography. Client is required to pay Contractor for services and work completed prior to discontinuing working together. All logo design fees are prepaid, prior to receipt of first draft designs, regardless of whether a final decision or completion of the logo design process is made. Once a website has been launched, any work completed on the website is considered Website Maintenance and will incur an hourly maintenance fee for work completed.
All cancellations must be sent using the cancellation form in the client’s support center/dashboard. Cancellations are effective the date the form is submitted unless otherwise request. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you’re canceling within the 30 money back guarantee period less any setup provisioning fees. Any due or past-due balance on your account must be paid in full to cancel. This does not include any added support or service fees you have contracted us to provide.
Until an account is officially canceled via cancellation form you are obligated to pay for your account even if you do not use it. It costs us on an ongoing basis to provision space, power, and bandwidth for services of our clients. We continue to provision those services for your use until you cancel with us therefore we can not know if you are not using the space after we have provisioned it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
If our internal collection efforts fail, Pacific Web Effects reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action at clients expense. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating. We place our highest priority on current clients as such cancellations are the lowest priority and may take up to 30 days to process. Cancellations will however be effective as per the effective date of the cancellation form as entered by the client. Our system will prevent future billings.
Only first-time webhosting accounts are eligible for a refund within the first 30 days. Refunds only apply to the 30 day money back guarantee. There are no refunds on website design, domain name registrations, dedicated servers, colocation services, service add-ons, software licenses, administrative fees, support or install fees. All payments after the money back guarantee are non-refundable. We will not refund accounts that do not cancel before their next due date. Meaning, while canceling, your last payment made prior to canceling will not be refunded. Client may request a cancellation date that matches the service end date.
Staff and Personal Abuse:
Please treat our staff and personnel as you would like to be treated yourself. While we are tolerant and understanding, we too are human, please treat us as such *looking at you angry guy*. You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.
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.
You 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.
The Client represents that any elements furnished to Pacific Web Effects are owned by the Client, or that the Client has permission to use these elements. The Client agrees that Pacific Web Effects is not liable for any claim or lawsuit arising from the use of such elements.
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, IRC, Proxies, hacker programs/archives, copyrighted MP3’s, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, content sexual in nature, 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.
Threats and unlawful conduct:
You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.” Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client’s responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Commercial Advertising Email aka (SPAM):
Pacific Web Effects maintains a zero tolerance spam policy and we adhere to it strictly. Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation without refund. Sites advertised via SPAM (Spamvertised) are not permitted on our network. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by Pacific Web Effects and usually no less than $500 per incident.
We do not allow programs to run continually in the background on our hosting servers. This is to minimize system resources used and operational maintenance needed. IRC: We DO NOT allow IRC or IRC bots on our network. Proxy: We DO NOT allow proxy services on our network.
Pacific Web Effects prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to limit, disable or remove your web site temporarily or permanently from our hosting servers if your website is the recipient or cause of activities that threaten the stability of our network. Any attempts to undermine or cause harm to our server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses resources and actions, any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may be removed temporarily or permanently from our service. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s computer software or hardware, electronic communications system, or telecommunications system is strictly prohibited.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
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 client’s 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 system’s resource for longer than 1 minute. 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 hosting account for file storage of other accounts, backups, storing backups of dvd’s, mp3’s, or any files larger than 150MB. 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 250 emails per hour on your hosting account. Any emails over that limit will be discarded. You may batch the emails to stay within limits.
Your account is provisioned with a monthly bandwidth allowance that varies depending on the hosting plan you order. If your account exceeds the allocated amount we reserve the right to suspend the account until the start of the next month, until you upgrade to a higher plan, or until you purchase more bandwidth. If you terminate the account you are still responsible and liable for any current usage and associated fees for the overages. Bandwidth limits are divided into daily equal limits that reset each night. I.e., 300 GB month / 30 days = 10 GB day.
Back-ups and Data Loss:
Clients use our services at their own risk. Our server software does create daily backups for user’s sites that you may download on your own. We do not store this file and it is for your own use should you choose to use it. We perform daily backups on all of our servers to ensure critical files are never lost. We provide this costly service free with no warranty and only as a courtesy. Any site using more than 25GB space will be removed from the backup service. You may opt to purchase backup service for an additional fee. We will not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive or additional backup service. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a $15 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.
All new hosting clients are entitled to an unconditional 30-day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please use the cancellation form in the support center prior to your 30th day of service. This guarantee includes the hosting plan only and does not include extra services or setup fees such as add-ons, name servers, programming work, administrative fees, software licenses, or web designing.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Client agrees to defend, indemnify, and hold Pacific Web Effects harmless from any and all demands, liabilities, losses, injury, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold or supplied, arising from a breach of this contract, infringing on proprietary rights of a third party, contractual or statutory rights, copyright infringement, or defective products by customer, our agents, employees or assigns.
The laws of the State of California, for which the business is conducted in and is subject to, will govern this Agreement. By using Pacific Web Effects’ services, you agree to submit to binding arbitration. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Pacific Web Effects’ choice. The arbitrator’s award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
Pacific Web Effects will cooperate with law enforcement agencies. We will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena or lawful request.
There is no guarantee that the website project, domain, hosting, or any of the services we provide will be delivered on time, uninterrupted, error-free, or meet the client’s expectations of site traffic or profitable business. We are not responsible for any claims resulting from the use of our service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions regardless of cause. The entire risk as to the quality and performance of the website is with the client. In no event will Pacific Web Effects be liable to the client or third party for damages, including but not limited to: service interruptions or malfunctions, any errors or damage to the site as a result of switching host servers, lost profits or other damages arising out of the operation of or inability to operate this website, any advertising done by client before site is uploaded to host server, failure of any service provider, and any other circumstances beyond our reasonable control, even if Pacific Web Effects has been advised of the possibility of such damages. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, client agrees that the company shall not be liable for any damages, loss, or injury.
We reserve the right to revise, amend, or modify these terms and our other policies at any time and in any manner without notice. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. All users are always subject to the newest terms posted here at all times. It is your responsibility to be aware of the latest terms of service and other policies at all times. All clients understand that a change these terms by the Pacific Web Effects shall not be grounds for early contract termination or non-payment.
Terms of Service Revised: 09/10/2016