The use of services from pawnhost.com constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
All services provided by PawnHost may only be used for lawful purposes. The customer agrees to indemnify and hold harmless PawnHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org with the information required. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Topsites IRC Scripts/Bots Proxy Scripts/Anonymizers Pirated Software/Warez Image Hosting Scripts (similar to Photobucket or Tinypic) AutoSurf/PTC/PTS/PPC sites IP Scanners Bruteforce Programs/Scripts/Applications Mail Bombers/Spam Scripts Banner-Ad services (commercial banner ad rotation) File Dump/Mirror Scripts (similar to rapidshare) Commercial Audio Streaming (more than one or two streams) Escrow/Bank Debentures High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Mortgage sites, interest based sites Alcoholic sites ( in any case ) Music site Photo sharing sites Prime Banks Programs Lottery Sites Gambling Sites or links to gambling sites Any product involving interest/usury ( Commercial insurance, lotteries, bonds) MUDs/RPGs/PBBGs Hateful/Racist/Harassment oriented sites Hacker focused sites/archives/programs Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) Tell A Friend Scripts Sites promoting illegal activities Forums and/or websites that distribute or link to warez/pirated/illegal content Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) Mailer Pro Porn Adult and related websites Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere.
Examples of unacceptable material on all Dedicated and VPS servers include:
IRCD (irc servers)
Mail Bombers/spam Scripts
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling/Insurance Sites interest based and related websites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Any illegal content by USA law
Forums and/or websites that distribute or link to warez/pirated/illegal copyrighted content
Bank Debentures/Bank Debenture Trading Programs
Porn Adult and related websites
Fraudulent Sites (Including, but not limited to sites listed at aa419 org & escrow-fraudcom)
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Please note that we have zero tolerance policy for Alcoholic sites, mortgage, interest/usuary based websites, spamming, phishing, Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere. Anyone found violating this policy will have his/her account suspended, or removed from our servers.
Any spam complaints found about client domains will be addressed seriously. Pawnhost reserve the right to terminate the client account immediately with no refund. Pawnhost may impose $500 penalty per spam incident. All our clients expressly accept Pawnhost right to assess this penalty and agrees to its assessment and payment.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. PawnHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
Any content deemed illegal by USA law or the law of your country of residence is strictly forbidden and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law.
Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at email@example.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host pornography or linking to pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read http://www.pawnhost.com/mailpolicy.html for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. CAN-SPAM rules Online businesses that use e-mail marketing must follow all the CAN-SPAM rules. * Identify your message as an advertisement. * Include an unsubscribe mechanism. * Include a valid physical postal address. * Deceptive subject lines and false headers are outlawed. * You will be held responsible if anyone sends emails on your behalf. PawnHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. PawnHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of PawnHost.
4.) Payment Information
You agree to supply appropriate payment for the services received from PawnHost, in advance of the time period during which such services are provided. You agree that until and unless you notify PawnHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 05 day grace period, invoices will not be automatically generated. However, after the customer notifies PawnHost of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of PawnHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. PawnHost provides a 05 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full. The $5 late fee is applied in addition to whatever else is owed to PawnHost for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at firstname.lastname@example.org after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and PawnHost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact email@example.com PawnHost reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. PawnHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PawnHost servers. Any shared and reseller hosting account exceeding 15 GBs of web space will be removed from our backup service unless requested by client with additional charges/fee. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by PawnHost.
6.) Cancellations and Refunds
PawnHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. PawnHost is straight forward, No Questions Asked, 30 days Money Back Guarantee, 100% refund of unused time. Our refund process is very easy - if you are an unsatisfied customer and cancel your hosting account we will provide full refund for any unused time. The refund will exclude any set up fees, add-ons, domain registrations, and free ssl certificates included with any plan. However, you do get to keep your domain name. There is no refund on VPS and dedicated servers plan. Unless otherwise stated, all dedicated server plans have a cancellation period of 30 days to month end. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: Bank Wire Transfers Western Union Payments Checks Money orders There are no refunds on administrative fees, install fees for custom software, or domain name purchases. There is no refund on VPS and users who joined through special promotions or cost per month is less or equals to $2 Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
User may not:
a) Use the assigned percentage or more of system resources for longer then 60-90 seconds.
Max. Resources: Beginner Plan 10% / 60sec Business Plan 15% / 60sec Premium Plan 25% / 90sec
There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 2 gigs of disk space will be removed from our off site weekly backup with the the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
Each of PawnHost's managed shared and reseller servers carry a Any Time money back guarantee on them. If you are not completely satisfied with our services, you will be given a full refund of unused period. Remember, this is only for shared and reseller packages and does not apply to any other plans, administrative fees, install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of PawnHost dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. All servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. PawnHost does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. PawnHost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
PawnHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on www.pawnhost.com, and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
Customer agrees that it shall defend, indemnify, save and hold PawnHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PawnHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PawnHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PawnHost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from PawnHost's server. 15b.) Arbitration By using any PawnHost services, you agree to submit to binding arbitration. If any disputes or claims arise against PawnHost or its subsidiaries, such disputes will be handled by an arbitrator of PawnHost's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. 16.) Disclaimer
PawnHost shall not be responsible for any damages your business may suffer. PawnHost makes no warranties of any kind, expressed or implied for services we provide. PawnHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PawnHost and its employees.
17.) Disclosure to law enforcement
PawnHostWe may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Affiliates are paid a regular commission for each hosting account referred to our services commission every time the member pays his monthly/quarterly/semi-annually/annually/Biannually charges. A signup is counted when a customer first clicks on an affiliate referral link, completes the signup process and stays active for 60 days. Affiliate accounts must be active at the time of the referral. No credit will be given to your affiliate account for sales that occurred before you joined the affiliate program. Affiliates must generate a balance of $30 or more before their account is eligible for payment. Affiliates MAY use the approved banners and ad text code found at PawnHost portal. Referrals that issue a credit card charge back will be reversed. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: - Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies. Payments will be on hold for 60 days for verification. Affiliates can choose to receive commission payments as hosting credits or Moneybookers. You must have a verified Moneybookers account to receive the payments. The profit will split if the signup comes from multiple referral links. There is no commission on disallowed websites and special occasional deals by pawnhost.
19.)Emails & Newsletter
You agree that we can send you necessary emails including technical issues, promotional offers, affiliate and company updates 20.) Changes to the TOS PawnHost reserves the right to revise its policies at any time without notice.