Terms
of Use . Acceptable Use Policy . Service Level Agreement
By
Participating in this program owned by PlanMyWeb.Com,
you agree to all terms outlined below:
Latest update to these terms 10/03/2003
STORAGE VS. WEB SITE HOSTING
PlanMyWeb.Com is in the business of providing web
site hosting not online storage. All hosting accounts must provide
a domain name when they are ordered. That domain name must be set
to resolve to our DNS server within 72 hours of purchase of the
hosting account. All accounts that the domain name does not resolve
to will be suspended until such time as the DNS is updated to reflect
our server. If, 72 hours pass after your suspension, your domain
name still does not resolve to our server your account will be closed
and you will not receive any refund for monies paid. If you choose
to continue hosting with PlanMyWeb.Com after you account is close
you are subject to a $10.00 reconnection fee, and your account will
be reactivated after your Domain resolves to our servers. If you
are looking for storage space only please contact our for pricing.
SPAMMING IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted in
any way related to unsolicited email, ICQ or IRC spams, or newsgroup
postings. Opt-in email newsletters require pre-approval. If we receive
spam complaints, your link will be disabled, your account will be
immediately terminated, and we will take LEGAL ACTION against you.
Please be aware, MRG lists is not acceptable, as well as, any other
program that hides the sender email address. We terminate sites
without notification when any of these types of programs are discovered.
First violations of this policy will result in an "Administrative
Fee" of $50 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $100 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
$75 per hour that PlanMyWeb.Com personnel must spend to investigate
the matter.
BULK E-MAIL
We also monitor "Bulk E-mail". While cpanel has a mailing
list program installed, any mailing over 2500 messages must be pre-approved.
In addition, any site sending over 5000 messages per month will
be considered "Bulk". Bulk e-mail ties up the mail que
and delays messages for other users. Therefore, we must limit the
amount of use on any shared server. There are some arrangements
that can be made to accommodate a user with a large list which includes
extra fees and special mail scheduling software. Please be aware
that posting to Free for All web pages could generate "bulk
email" from autoresponders of the FFA list users you have posted
to. We may need to take action if these autoresponders are spamming
the server and causing the mail que too many delays.
ALLOWED SITES
Your site must be legal in representation and abide by all laws
within the United States of America.
Although we do not monitor the content of all sites all of the time,
we will not host websites that have warez, extremely offensive,
or illegal content, or link to websites that have illegal content.
The website cannot attempt to download any virus or malicious or
annoying files when opened. IRC bots, programs, or networks of anykind
are not allowed. If an IRC program is discovered, immediate termination
will result without warning. The following processes are illegal
on our servers and will be killed automatically: BitchX, bnc, eggdrop,
guardservices, ircd, psyBNC, ptlink, services.
Websites with processes that consume or take the server load to
an unmanageable level will have that process terminated immediately
- this includes the use of VI Edit or VIM. Accounts granted SSH
access that are found to have processes running in this same manner
will have SSH access deactivated for a minimum of 6 months.
THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages
and servers logs if necessary. If illegal content is discovered,
upon request, we will turn over all site related documents, files
and logs to the proper authorities. We reserve the right to terminate
webmasters without payment who make derogatory comments about the
program or employees of PlanMyWeb.Com Network's. We reserve the
right to suspend or terminate at will for non-payment. Sites suspended
for non-payment wishing to become unsuspended, may be required to
pay for an entire year in advance to leave suspended status and
must pay a $10.00 re-activation fee, per incident. In addition,
all back monies due, must be collected before activation. Accounts
that are not collectable by PlanMyWeb.Com.com may be turned over
to an outside collection agency for collection. If your account
is turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50, but no more than
$150.
SERVER RESOURCES
Any web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources)
will be given the option to either pay additional fees (which will
depend on the resources required), reduce the resources used to
an acceptable level, or upgrade its service to a Dedicated Server
plan. PlanMyWeb will be the sole arbiter of what is considered to
be a high server usage level. All Web Hosting and Reseller accounts
come with a limit of 5,000 files per account and/or per resellers
customer account. Each block of 5,000 files after the initial 5,000
will incur an additional charge of US $9.95/month. Any Web Hosting
account deemed to be adversely affecting server performance or network
integrity will be shut down without prior notice.
PlanMyWeb.Com offers a full 30-day money back guarantee
on its hosting service. A full refund will be given within the first
30 days of an account begin paid, so long as it is due to a technical
problem. PlanMyWeb.Com.com must be made aware of such issues using
our support trouble ticket system and have ample time to correct
such issues before refunding payment back to customer. All set-up
fees are non-refundable. After customers first initial 30 days,
you may cancel at anytime with 15 days written notice to us. At
such time monthly subscribers will not be billed for the following
full months payment, and annual subscribers will be refunded a pro-rated
amount based on time of service remaining. This pro-rate amount
will be calculated starting on the first full month following notice
of cancellation.
ANNUAL HOSTING PACKAGES
Annual Hosting- PlanMyWeb.Com hosting plans are set to give our
users the most useful tools available to manage the accounts. Standard
set up is for monthly pay plans.
Hosting plans that are paid annually are heavily discounted. The
discounts warrant PlanMyWeb.Com to require a 12 month term agreement
to cover the discounted annually hosting fees. When a discounted
annual hosting plan is ordered, the user agrees to a term of 12
months of hosting with the PlanMyWeb.Com Web Hosting Network.
IP ADDRESS OWNERSHIP
If PlanMyWeb.Com assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol
address shall belong only to PlanMyWeb.Com, and Customer shall have
no right to use that Internet Protocol address except as permitted
by PlanMyWeb.Com in its sole discretion in connection with the Services,
during the term of this Agreement. PlanMyWeb.Com shall maintain
and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by PlanMyWeb.Com, and PlanMyWeb.Com
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 new policies.
These new policies state that use of IP addresses for IP based virtual
hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we
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.
BANDWIDTH
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by Customer
on the Order Form. PlanMyWeb.Com will monitor Customer's bandwidth
and disk usage. PlanMyWeb.Com shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken is
in PlanMyWeb.Com sole and absolute discretion. If PlanMyWeb.Com
takes any corrective action under this section, Customer shall not
be entitled to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the included allocation,
PlanMyWeb.Com may, at its sole discretion, collect a deposit, in
an amount determined by PlanMyWeb.Com, against customer's credit
card on file with PlanMyWeb.Com.
System and Network Security: Users are prohibited from violating
or attempting to violate the security of the PlanMyWeb.Com Network.
Violations of system or network security may result in civil or
criminal liability. PlanMyWeb.Com 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 forum posting.
Taking any action in order to obtain services to which such User
is not entitled.
Attempting to couple many hosting packages together to take advantage
of massive space or bandwidth allocations. Each hosting package
purchased is unique to a domain name and use - please do not purchase
multiple "plan 1's" for instance to get the combined bandwidth
& space. PlanMyWeb.Com will stop such transactions and label
them as deceptive. We have an upgrade path for all services and
we can often times work out special deals for users if they ask
us for the assistance.
MISCELLANEOUS PROVISIONS
You must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in that order
of preference.
TERMINATION
We take these terms very seriously. An account is found to be violating
one or more of the above terms will be terminated without payment
or notification.
INDEMNIFICATION:
You shall indemnify, defend and hold PlanMyWeb.Com and its affiliates
harmless from and against any damage, loss, expense (including reasonable
attorney's fees and costs related to litigation) or penalty or any
claim or action therefore, by or on behalf of any person, arising
out of: (a) any material on the your Web Site as linked through
PlanMyWeb.Com Network, including without limitation, those arising
from claims or suits for defamation, copyright or trademark infringement,
misappropriation, violation of the Lanham Act or rights of privacy
or publicity or from any and all similar claims now known or hereafter
devised; (b) a breach by you of a warranty under this Agreement;
(c) any negligence or willful misconduct by you.
NO WARRANTIES.
PLANMYWEB PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS
SUBSCRIBERS "AS IS." PLANMYWEB MAKES NO OTHER WARRANTIES
AND PlanMyWeb.Com DISCLAIMS ALL WARRANTES AND CONDITIONS, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. PlanMyWeb.Com. DOES NOT WARRANT THAT THE
SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR
DOES PlanMyWeb.Com MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY
RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP
PAGE. In addition, there are no guarantee's made on actual profit
that can be made through our reseller plans. Any profit calculations
are only examples and are not guaranteed. All resellers are Independent
Contractors.
LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY,
EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. PlanMyWeb.Com's
MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE
REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, WILL BE LIMITED
TO THE RECOVERY OF ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $250.
IN ADDITION, PlanMyWeb.Com SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS
OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE),
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PlanMyWeb.Com
MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING PlanMyWeb.Com's
CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF PlanMyWeb.Com's
COPYRIGHTS and/or TRADEMARKS.
GENERAL TERMS AND CONDITIONS.
14.1. Notice, Governing Law, Force Majeure, Waiver, Entire Agreement.
Any notice which either Party may desire to give the other Party
must be in writing and delivered, by mail or facsimile to the relevant
Party at the address of such Party as set forth in this Agreement
or such other address as the Parties may hereinafter designate.
This Agreement shall be construed and enforced in accordance with
the laws of the State of Florida, except that body of law concerning
conflicts of law. Venue will be Volusia County, Florida. PlanMyWeb.Com
shall not be liable to you for any delay or failure to perform which
results from causes outside its reasonable control. A judicial determination
that any provision of this Agreement is invalid in whole or in part
shall not affect the enforceability of those provisions found to
be valid. If PlanMyWeb.Com fails to require performance of any duty
hereunder by you, such failure shall not affect its right to require
performance of that or any other duty thereafter. The waiver by
PlanMyWeb.Com of a breach of any provision of this Agreement shall
not be a waiver of the provision itself or a waiver of any breach
thereafter, or a waiver of any other provision herein. This Agreement,
including any supplements, modifications or amendments hereto, and
the E-Mail, including any supplements, modifications or amendments
thereto, shall constitute the entire agreement between the Parties
regarding its subject matter. This Agreement supersedes any and
all previous proposals, representations or statements, oral or written.
Except as otherwise stated in this Agreement, any modifications
to this Agreement must be in writing and signed by authorized representatives
of both Parties.
14.2. Assignment. This Agreement shall be binding
upon and shall inure to the benefit of the Parties hereto, and their
respective representatives, successors and permitted assigns. This
Agreement shall not be assignable by you, without the express written
consent of PlanMyWeb.Com, including to an entity in which it has
merged or which has otherwise succeeded to all or substantially
all of your business and assets to which this Agreement pertains
and which has assumed in writing or by operation of law its obligations
under this Agreement. Any attempted assignment in violation of this
provision will be void.
14.3. Attorneys Fees. In the event there is any
dispute concerning the terms of this Agreement or the performance
of any Party hereto pursuant to the terms of this Agreement, and
any Party hereto retains counsel for the purpose of enforcing any
of the provisions of this Agreement or asserting the terms of this
Agreement in defense of any suit filed against said Party, the successful
or prevailing Party or parties shall be entitled to recover reasonable
attorneys' fees and other costs incurred in that action or proceeding
from the other parties, in addition to any other relief to which
it may be entitled.
14.4. Counterparts. This Agreement may be sent
via facsimile and executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
Service Level Agreement (SLA)
Equipment
PlanMyWeb.Com Network has made significant investments
in placing our equipment in the data center built from major vendors
such as Cisco and Lucent. Making the investment in top performing
equipment and network redundancy allows us to offer you this SLA.
Our servers are located in a true "Carrier Class" facility
backed up by multiple UPS units and a powerful diesel back up generators.
Backbone Connectivity
Our connections to multiple backbone providers, and peering with
many carriers on a regional and international basis, allows us to
easily reach remote networks even in the case where a specific backbone
connection is down. This allows the data center to make routing
decisions to ensure connectivity.
Node Reliability
By placing our core nodes at places like Equinix and Telehouse,
we are guaranteed a level of competent service. All of our core
nodes employ SONET networks, which essentially provides a dual-redundant,
counter-rotating ring technology, and in the event of a fiber cut,
the SONET will automatically heal itself. We also divide our circuits
among several telecommunications providers, such as Verizon, MFS/Worldcom,
and Adelphia.
24/7
The PlanMyWeb.Com Network servers are monitored
by several outside the network services as well as our multi-tiered
support system. Traffic is continually monitored and routed with
the proper bandwidth allocations.
PERFORMANCE AND UPTIME GUARANTEE
The "PlanMyWeb.Com Network Web Hosting Network"
guarantees that the network will be available 90.0 % of the time
in a given year, excluding scheduled maintenance. Therefore after
network downtime of 1.41 minutes per day, calculated monthly, PlanMyWeb.Com
Network will refund 5% of the monthly hosting fee to the requesting
customer for each 30 minutes of downtime up to 100% of the monthly
fee. This guarantee applies to the network connectivity and server
uptime, but does not apply to "acts of god" or "war"
outside of anyone's control. If you have a dedicated server through
our network, the same SLA applies, but does not cover any load issues
caused by software running on the machine. Connectivity is measured
as the ability of the server to transmit and receive data.
MODIFICATION
PlanMyWeb may discontinue, upgrade, replace, modify, or change in
any way, without limitation or notification to customers, any software,
application, program, data, hardware, equipment, or portions or
components thereof, used to provide customers with PlanMyWeb's services.
Certain changes to PlanMyWeb's services may affect the operation
of customers' personalized applications and content. Each customer
is solely responsible, and PlanMyWeb is not liable, for any and
all such personalized applications and content, except as expressly
agreed to by PlanMyWeb.
BACKUP OF DATA
Except where PlanMyWeb has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and PlanMyWeb is
in NO way responsible, for the management and backup of all customer
data, and all updates, upgrades, and patches to any software that
customers use in connection with PlanMyWeb services. We will perform
nightly backups of your sites, however this is only for use in case
of catastrophic incidents, you are responsible to all off site backups.
The backups we perform are not available to customers.
TERMINATION
PlanMyWeb.Com may terminate the Program at any
time with notice sent to the email address designated in your account
information. You will have thirty (7) days from the date this notice
is sent to redeem the commissions in your account. PlanMyWeb.Com
will not be responsible for notice failures caused by an error in
your email program, an inaccurate email address provided by you,
your failure to check your email, or your failure to inform PlanMyWeb.Com
of a change in your email address.
PlanMyWeb.Com may modify this Agreement from time
to time, with or without notice, and your continued participation
in the Program after such modification shall be deemed to be your
acceptance of any such modification. It is your responsibility to
check this Terms and Conditions page regularly to determine whether
this Agreement has been modified. If you do not agree to any modification
of this Agreement, you must immediately cease participation in the
Program.
You understand and agree that PlanMyWeb.Com shall
be the sole determiner in cases of suspected abuse, fraud, or violation
of its rules and any decision it makes relating to termination of
membership (including cancellation of commissions) shall be final
and binding. If it has been determined by PlanMyWeb.Com, that and
PlanMyWeb.Com Client has violated any portion of the Terms of Use,
Acceptable Use Policy or Service Level Agreement they will not
be entitled to any refund for any amount.

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