Terms of Service Contract and Acceptable Use Policy
(Last Updated May 1, 2004)
PLEASE READ THE TERMS OF SERVICE IN ITS ENTIRETY BEFORE PLACING AN ORDER FOR SERVICE! CONTRACT AND POLICY SUBJECT TO CHANGE.
These Terms of Service and Acceptable Use Policy (hereinafter referred to as Terms of Service) are entered between PlanetHost, Inc. (hereinafter referred to as PlanetHost) and PlanetHost customer ordering services from PlanetHost (hereinafter referred to as Client) and are binding upon placement of order for PlanetHost services
Client is responsible for abiding by the Terms of Service set forth in the paragraphs below. By placing order for PlanetHost services, Client agrees to have read and be bound to these Terms of Service. Any violation of the Terms of Service defined below may result in immediate suspension and/or termination of all services currently being provided. PlanetHost reserves the right to change these Terms of Service without notice and encourages Client to review these Terms of Service frequently.
PLANETHOST AND ANY PLANETHOST AFFILIATE MAY NOT BE HELD LIABLE FOR ANY DAMAGES STEMMING FROM USE OR MISUSE OF PLANETHOST SERVICES.
1.0 SERVICE PROVISION
1.1 PlanetHost reserves the right to refuse service to any Client without any cause or justification provided to Client.
2.0 LIABILITY
2.1 Client agrees to hold PlanetHost not liable for any and all expenses, losses, damages, and fees resulting from any and all lawsuits for libel, slander, copyright, and trademark violation in association with services provided by PlanetHost.
3.0 CONTRACT TERMINATION
3.1 The initial term of this contract shall be set forth during order placement. The initial term shall begin upon commencement of the PlanetHost service. After the initial term, this contract shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE PLANETHOST TO AUTOMATICALLY BILL, BASED UPON YOUR SELECTED PAYMENT METHOD, FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION.
3.2 This contract may be terminated in the following events.
3.2.1 By PlanetHost at any time, without notice, if, in PlanetHost’s sole and absolute discretion and/or judgment, Client is in violation of these Terms of Service, or Client’s use of the services disrupts or, in PlanetHost’s sole and absolute discretion and/or judgment, could disrupt PlanetHost’s business operations.
3.2.2 By PlanetHost provided written notification is supplied to Client thirty (30) days prior to termination.
3.2.3 By PlanetHost in the event of nonpayment by Client.
3.2.4 By Client provided all the following conditions are met.
3.2.4.1 Account is in good standing and all payments have been made
3.2.4.2 Written notification is supplied to PlanetHost thirty (30) days prior to termination.
4.0 REFUND POLICY
4.1 PlanetHost will issue a refund to Client in the amount billed for service if all of the following conditions are met
4.1.1 Client seeking refund must submit via e-mail a refund request on or before the thirtieth (30) day, including all weekends, holidays, business days, and day of purchase, of initial term or renewal term. No refunds will be issued for requests received after the thirtieth (30) day, including all weekends, holidays, business days, and day of purchase, of initial term or renewal term.
4.1.2 Client seeking refund did not exceed 100 Megabytes of bandwidth on PlanetHost servers.
4.1.3 Client seeking refund did not violate these Terms of Service.
4.2 PlanetHost shall not be obligated to refund any and all applicable setup fees.
4.3 Refunds will only be issued in the same payment method made to PlanetHost. PlanetHost will not provide cash refunds.
4.4 No refund will be issued if service is provisioned but not utilized.
Copyright 2004, PlanetHost, Inc.
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