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Term of Service :
1 FEES; PAYMENT OF FEES
1.1 Fees - PIEHosting charges the following fees where applicable. All such fees are subject to change with 30 days notice.
1.1.1 Account Set-Up Fee
1.1.2 Web Hosting Service Fee
1.1.3 Domain Registration Fee
1.1.4 Website Design and Development Fee
1.1.5 Website Maintenance Fee
1.2 PIEHosting reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. PIEHosting also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
1.3 PIEHosting may charge a non-refundable set up fee as well as it's periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from PIEHosting, PIEHosting may also charge you for Domain Registration Fees and specifically reserves the right to institute additional charges upon notice to you. PIEHosting also reserves the right to alter, change, amend or delete charges at it's sole option. PIEHosting further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.4 Payment of Fees - PIEHosting accepts payment by Cash, E-Gold, Bank to Bank Deposit (MetroBank, Equitable PCI), personal check and cashier's or managers check.
1.5 Payment by Cash
1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to personally pay PIEHosting and at stated regular intervals the agreed service fee amount for the stated period together with any PIEHosting set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize PIEHosting to charge you for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid billing address information with PIEHosting for the purpose of satisfying the PIEHosting charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of PIEHosting under Paragraph 8 herein.
1.6 Payment by Bank or Wire Transfer
1.6.1 Prior to activation of your user account you agree to transfer funds to the banks accounts mention in the billing information. PIEHosting is under no obligation to initiate service until funds have been verified / cleared by such financial institution and have been received by PIEHosting. Invoices will be submitted to you as a courtesy only. Payment for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying bank transfer to make sure that your payment is received by PIEHosting. Refusal, rejection or return of any such bank transfer for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of PIEHosting under Paragraph 8 herein.
1.7 Payment by Check
1.7.1 Prior to activation of your user account you agree to submit a check payable in Philippine Peso (PHP) against a bank located within the Philippines. PIEHosting is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by PIEHosting. Invoices will be submitted to you as a courtesy only. Payment for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by PIEHosting. An administrative fee of php2,000.00 will be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of PIEHosting under Paragraph 8 herein.
1.7.2 It is recommended that in order to avoid any service interruption that you submit your payment to PIEHosting a sufficient time before the expiration of the current service period so that it reaches PIEHosting in advance of the renewal date.
1.8 Refunds of Service fees will be made only for pre-payment of Service fees beyond the renewal date following the effective notice and termination of this agreement under paragraph 8.1. All refunds shall be pro-rated based upon the number of days for which service remains unused as of that renewal date. Domain Names are NOT refundedable and Free Domain Names will be deducted to the refundable amount. PIEHosting may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein PIEHosting agrees to provide web hosting services according the plan selected by you upon activation of your account. PIEHosting reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. You agree to receive periodic emails from PIEHosting in regards to products, services, your account, and system updates or annoucements.
3 DOMAIN REGISTRATION SERVICES
At Customer's request, PIEHosting may also acquire a Second-Level Domain Name ("Domain Name"), on behalf of Customer. PIEHosting will not own or otherwise control any domain name registered on your behalf under this paragraph. PIEHosting provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against PIEHosting for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by PIEHosting to obtain and/or maintain the Domain Name on your behalf shall be charged to you by PIEHosting under the provision therefore elsewhere herein.
4 ACCEPTABLE USE
PIEHosting strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2 You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
4.3 You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be "spamming" or "Mail Bombing"
4.5 You agree not to use / store these or scripts/programs similar to these : IkonBoard, Proxy scripts, IRC scripts/bots, UltimateBBS, BitchX, bnc, eggdrop, guardservices, psyBNC.
4.6 You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
4.7 You agree not to make or attempt any unauthorized access to any PIEHosting website or the website of any PIEHosting customer.
4.8 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
4.9 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
4.10 You agree not to undertake any action which is harmful or potentially harmful to the PIEHosting server structure.
4.11 You agree not to sublease your account or offer free space to other clients using Sub Domains, Add on Domains, Sub Directories, or by any other means. Our web plans are for single users only.
4.12 You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.
4.13 You agree not to utilize "circular popups", "multiple popups" or any redirect, link or referral which creates an offensive or unpleasant user experience.
4.14 You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of PIEHosting.com (b) any reseller of PIEHosting.com (c) any other person or (d) any employee or contractor of PIEHosting.com.
PIEHosting pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the PIEHosting Web Hosting Service for the term of the agreement as set forth herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of PIEHosting including but not limited to the PIEHosting customer service and maintenance tools. You acknowledge that all right and title to any such PIEHosting intellectual property shall remain the sole property of PIEHosting and that you have no right, title or interest therein. You further agree not to provide access to the PIEHosting services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the PIEHosting Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the PIEHosting service shall also remain the sole property or PIEHosting.
6.2 During the term of this agreement you may have access to certain information and materials relating to the PIEHosting business, customers, software technology and marketing which PIEHosting treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of PIEHosting; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
The initial term of this agreement shall be one (1) month with automatic renewal for subsequent additional months after the expiration of the initial term. PIEHosting reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payment. The term of the agreement, however, shall remain one (1) month.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of PIEHosting for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) PIEHosting may suspend your account by deactivating any access by you or by web users to any information contained on the PIEHosting servers related to your account while maintaining the information and data related to your account upon the PIEHosting servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (15) days the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
8.2 Termination - This agreement and all of it's terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the PIEHosting servers. Such information or data may or may not be made available to you by PIEHosting after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 30 days notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, PIEHosting may charge you an additional termination fee not to exceed php 5000.00 at its sole option. The assessment of this termination fee shall not effect the rights of PIEHosting to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind as may be applicable under Philippines Law.
8.4 In the event of any termination under paragraph 8.2(b) of this subsection any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any set-up fees, Domain Registration fees or other fees which are all non-refundable.
9.0 INFORMATION USAGE
9.1 You hereby consent and agree that as to any information which PIEHosting may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from PIEHosting concerning you or your account, or other information which in PIEHosting sole judgment is reasonable, PIEHosting may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of PIEHosting and may include but shall not be limited to (1) compliance with court order or subpoena of the government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the PIEHosting Terms of Service or other policies.
9.2 It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo, gmail or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.
10.1 Any notice under this agreement shall be given by PIEHosting to you via email at the address provided by you to PIEHosting at the commencement of this agreement or as PIEHosting is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at this page.
10.2 Any notice by you to PIEHosting shall be made by telephone to a customer service representative at +63484332385 during PIEHosting regular business hours of 9:00 a.m. to 5:00 p.m. Philippines Standard Time. Such notice may also be sent via United States Mail to the following Address:
Palawan Island Enterprise
Sections 1, 3 through 6, 8, 9, 10, 12, 13, and 15 through 19, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
12 WARRANTEES AND LIMITATIONS
12.1 PIEHosting makes every reasonable effort to maintain operation of the PIEHosting service however because as many events and circumstances are beyond the control of PIEHosting, PIEHosting does not in any way warrant or otherwise guarantee the availability of the PIEHosting system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of PIEHosting.
12.2 The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request PIEHosting may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of PIEHosting, PIEHosting will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, PIEHosting will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we could not be able to reproduce a backup after multiple system failures. Please store a copy of your critical data on a computer you are local to.
12.3 THE PIEHosting SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
12.4 In general, PIEHosting has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. PIEHosting accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. PIEHosting provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the PIEHosting system.
12.5 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
12.6 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO PIEHosting IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL PIEHOSTING BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
13.1 You agree to fully defend and indemnify and hold harmless PIEHosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of PIEHosting in any way related to your use of the PIEHosting service or any portion thereof.
13.2 You agree to fully defend and indemnify and hold harmless PIEHosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the PIEHosting service or any portion thereof. Choice of counsel remains exclusively that of PIEHosting
13.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless PIEHosting of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of PIEHosting.
14 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This agreement and the rights hereunder is not assignable or transferable except that PIEHosting may assign it's rights hereunder to any person or entity who shall become a principal owner, or shareholder of PIEHosting. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
17 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the Philippines without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Regional Trial Court of Palawan, Puerto Princesa City, Palawan. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
18 NO AGENCY
Notwithstanding any other provision of this agreement, PIEHosting is not your agent, partner or joint venturer in any respect.
PIEHosting may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the PIEHosting web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
20 REQUIRED NOTICES
20.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Palawan Island Enterprise- PIEHosting Department, COPYRIGHT INFRINGEMENT CLAIM, 122 Rizal Avenue, Puerto Princesa City 5300, Palawan, Philippines, Telephone (063) 48-433-2385 Facsimile (063)48 433-4505
TLD Contracts (Domain Name Registration).
.com, .net, .org, .info, .biz, .us, .info, .biz, .name .tv, .in, .eu, .cc, .mobi, co.in, net.in, org.in, gen.in, firm.in, ind.in
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