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Terms of Service
PosibleHOST agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).
Use of PosibleHOST. Services constitutes acceptance and agreement to PosibleHOST Acceptable Usage Policy (AUP) as well as PosibleHOST Terms of Service (TOS).
All provisions of this contract are subject to the Terms of Service (TOS) of PosibleHOST. and Acceptable Usage Policy (AUP). The AUP may be changed from time-to-time at the discretion of PosibleHOST
Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas,applicable to contracts enforceable in that state.
Description of Services
PosibleHOST provide Premium Paid Hosting.
PosibleHOST reserves the right to modify its network and facilities used
to provide the Services for purposes including, but not limited to,
accommodating evolving technology and increased network demand, and
providing enhanced services.
PosibleHOST shall use reasonable efforts to notify you in advance of any
planned changes to PosibleHOST network or facilities that may adversely
affect the Services provided under this Agreement.
Tortuous Conduct
Any abuse towards an PosibleHOST employee will not be tolerated. You are
expected to request and respond to support and other issues in a
professional manner, when emailing, calling or submitting online tickets
to PosibleHOST.
Any cursing, yelling, or further intentional disruptive behavior aimed at PosibleHOST or its employees shall be considered a violation of this Terms of Service.
Any threat; whether orally, verbally, in written, via Email, via Live Chat, delivered by second parties or delivered in any other way, and directed towards PosibleHOST or any of PosibleHOST employees, partners, staff, contractors, subcontractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service.
Threats of physical violence will be directed to the proper authorities. No refunds shall be given when the above Tortuous Conduct clause is a violation and necessitates the termination of an account or services.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that PosibleHOST may disclose
any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification to the
Subscriber. In addition, PosibleHOST, Inc. shall have the right to
terminate all service set forth in this Agreement.
Service Rates
Subscriber acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber.
Subscriber is aware that PosibleHOST, Inc. may prospectively change the
specified rates and charges from time-to-time.
The promotional offer is contingent upon PosibleHOST achieving and
maintaining its cost of service goals including but not limited to rates
charged to PosibleHOST by its suppliers.
Payment
Establishment of this service is dependent upon receipt by PosibleHOST
of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service.
Payments and Fees
Credit cards that are declined for any reason are subject to a $5.00
declination fee.
Service will be interrupted on accounts that reach 5 days past due.
Service interrupted for nonpayment is subject to a $5.00 reconnect
charge.
Accounts not paid by due date are subject to a $5.00.00 late fee.
If you desire to cancel your account, please follow the proper procedure
to do this as outlined in this TOS.
Refund and Disputes
All payments to PosibleHOST, Inc. are non refundable. This includes the
one time setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 14 days of the
time the dispute occurred. If you dispute a charge to your credit card
issuer that, in PosibleHOST Inc's sole discretion is a valid charge
under the provisions of the TOS and/or AUP, you agree to pay
PosibleHOST, Inc. an "Administrative Fee" of no less than $50.00 and not
more than $150.00.
Failure to Pay
PosibleHOST may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection fees.
Cancellation
Cancellation Requests for a service should be made 30 days before the
effective date through the Client Management Portal available at http://www.posiblehost.com.
Failure to supply the request 30 days before the effective date will
result in a full billable monthly cycle prior to cancellation.
All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
Liability
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the Company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore,
subscriber agrees that PosibleHOST shall not be liable for any damages
arising from such causes beyond the direct and exclusive control of
PosibleHOST. Subscriber further acknowledges that PosibleHOST liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period damages
occurred. In no event shall PosibleHOST be liable for any special or
consequential damages, loss or injury.
SPAM and Unsolicited Commercial Emails (UCE)
PosibleHOST takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over the network(s) used by
PosibleHOST. Simply put this means that customers of PosibleHOST may not
use or permit others to use our network to transact in UCE.
Customers of PosibleHOST may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. In addition,
it is not acceptable to transmit bulk email through remote SOCKS, HTTP
or other similar proxies who in turn make a SMTP (TCP port 25)
connection to the destination mail servers.
This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including termination
of service. In order to prevent unnecessary blacklisting due to spam. we
reserve the right to occasionally sample bulk email being sent from
servers.
Violation of PosibleHOST SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PosibleHOST will initiate an immediate investigation (within 48 hours of notification). During the investigation, PosibleHOST may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PosibleHOST may, at its sole discretion, restrict, suspend or terminate customer's account.
Further, PosibleHOST reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PosibleHOST will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $100.00 per hour that PosibleHOST personnel must spend to investigate the matter.
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network.
The server will not be reconnected until such time that you agree to
remove ANY and ALL traces of the offending material immediately upon
reconnection and agree to allow us access to the server to confirm that
all material has been COMPLETELY removed.
Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Support Boundaries
PosibleHOST provides 24x7 technical support to their subscribers, we
limit our technical support to our area of expertise.
The following is our guidelines when providing support:
PosibleHOST provides support related to your server or virtual site
physical functioning.
PosibleHOST does not offer technical support for application specific
issues such as cgi programming, html, or any other issue.
PosibleHOST does not provide technical support for YOUR customers.
Make sure to review our online Knowledgebase Areas before contacting our
Technical Support!
Network
IP Address Ownership
If PosibleHOST assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall
belong only to PosibleHOST, Inc., and Customer shall have no right to
use that Internet Protocol address except as permitted by PosibleHOST,
Inc. in its sole discretion in connection with the Services, during the
term of this Agreement. PosibleHOST, Inc. shall maintain and control
ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by PosibleHOST, Inc., and PosibleHOST, Inc.
reserves 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 policies. These policies
state that use of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. PosibleHOST, Inc. will
periodically review IP address usage, and if PosibleHOST. find that
clients are using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that could be
used with name-based hosting.
System and Network Security
Users are prohibited from violating or attempting to violate the
security of the PosibleHOST, Inc. Network. Violations of system or
network security may result in civil or criminal liability. PosibleHOST,
Inc. will investigate occurrences, which may involve such violations and
may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These violations
include, without
limitation:
Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not
entitled.
Notification of Violation
PosibleHOST, Inc. is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor do
we assume any responsibility through our AUP to monitor or police
Internet-related activities.
First violation: Any User, which PosibleHOST, Inc. determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at PosibleHOST, Inc.'s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that PosibleHOST. determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation
PosibleHOST, Inc. reserves the right to suspend network access to any
customer if in the judgment of the PosibleHOST, Inc. network
administrators the customer's server is the source or target of the
violation of any of the other terms of the AUP or for any other reason
which PosibleHOST, Inc. chooses. If inappropriate activity is detected,
all accounts of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time the
customer's machines were suspended.
PosibleHOST, Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers, co-location servers, virtual private servers, and servers of PosibleHOST, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
Indemnification
PosibleHOST, Inc. wishes to emphasize that in agreeing to the
PosibleHOST, Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies PosibleHOST, Inc. for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in
loss to PosibleHOST, Inc. or the bringing of any claim against
PosibleHOST, Inc. by any third-party. This means that if PosibleHOST,
Inc. is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against PosibleHOST,
plus all costs and attorney's fees.
Miscellaneous Provisions
You must provide us with, and keep current, good contact information for
you. E-mail, MSN, and Ticket contacts are used, in that order of
preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of PosibleHOST, Inc.
PosibleHOST, Inc. reserves right to cancel customers rights under this
contract at anytime without further obligation.
PosibleHOST, Inc. takes no responsibility for any material input by
others and not posted to the PosibleHOST, Inc. Network by PosibleHOST,
Inc.
PosibleHOST, Inc. is not responsible for the content of any other
websites linked to the PosibleHOST, Inc. Network; links are provided as
Internet navigation tools only. PosibleHOST, Inc. disclaims any
responsibility for any such inappropriate use and any liability to any
person or party for any other person or party's violation of this policy.
PosibleHOST, Inc. is not responsible for any damages your business may suffer. PosibleHOST, Inc. does not make implied or written warranties for any of our services. PosibleHOST, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PosibleHOST, Inc.
Responsibility for Content: You, as PosibleHOST, Inc's customer, are solely responsible for the content stored on and served by your PosibleHOST, Inc. service.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
PosibleHOST, Inc. may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships PosibleHOST, Inc. has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by PosibleHOST, Inc. and not by the Third Party Vendor. Neither PosibleHOST, Inc. nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products.
Customer acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from PosibleHOST, Inc. or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither PosibleHOST, Inc. nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and PosibleHOST, Inc. with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Liability for Colocation
PosibleHOST, Inc. assumes zero liability for colocated hardware,
including, but not limited to, lost or damaged equipment. Additionally,
the customer assumes full liability for maintaining insurance on their
own hardware in colocation with PosibleHOST, Inc.
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That's It
We hope that our information was clear to you, and hope to welcome you
as one of our new clients in the near future.
