This Web Hosting Agreement
(this "Agreement") sets forth the terms and conditions of your use of PYLOGEN.COM
("PYLOGEN.COM") for web hosting services. You certify that you are at least
18 years of age. To become a PYLOGEN.COM accountholder, you must read and
agree to be bound by all terms and conditions of this Agreement and any policies
that are or may be published by PYLOGEN.COM. PYLOGEN.COM reserves the right to deny
service to anyone. PYLOGEN.COM may modify the terms and conditions of this
Agreement or the prices of its services, as well as discontinue or change the services
offered. You will be bound by the modified Agreement, prices and/or policies
if you continue to use the services. Customers that have paid in advance for
services will not be affected by any price changes until their term is up.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of PYLOGEN.COM's services as
offered by PYLOGEN.COM and used by you, including the provision of web hosting
services on PYLOGEN.COM's servers and connectivity to the Internet (the "Services").
PYLOGEN.COM will provide the Services for the amount of server storage space selected
in exchange for payment of fees and full compliance with the terms and conditions
of this Agreement. In performing the Services, PYLOGEN.COM maintains control
and ownership of any and all Internet protocol ("IP") numbers and addresses that
may be assigned to you and reserves the right to change or remove any and all IP
numbers and addresses at its sole discretion.
1.2. In connection with the Services, PYLOGEN.COM may provide for your use
certain tools and software, including, but not limited to, certain specialty scripting
software and/or certain programming language software for designing websites
(collectively, the "Tools"). These Tools are copyrighted and proprietary property
owned by PYLOGEN.COM. To the extent that such Tools are provided to you, you
are granted a nonexclusive, nontransferable license to use the Tools in object-code
form only for your internal use, solely in connection with the Services provided
under this Agreement.
1.3. During the period that PYLOGEN.COM provides the Services to you, you hereby
grant to PYLOGEN.COM a nonexclusive, royalty-free, worldwide right and license to
digitally display and host your website and its content, and to use its trademarks,
service marks, trade names, logos and other commercial or product/service designations
in connection with the website and such Services.
1.4. PYLOGEN.COM reserves the right to monitor its systems electronically and to
access and disclose any information as permitted or required by any law, regulation
or other governmental request to operate its systems properly, to protect
itself or its accountholders or for any other reason it in good faith deems necessary.
PYLOGEN.COM will fully cooperate with law enforcement authorities in investigating
suspected lawbreakers and reserves the right to report to law enforcement any suspected
illegal activity it becomes aware of. It is not PYLOGEN.COM's intention that its
Services or facilities be used in contravention of the Communications Decency Act
of 1996 (the "CDA") or any other applicable law.
1.5. You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that PYLOGEN.COM is
a "service provider" under the DMCA and is therefore immune from liability
under the DMCA. Consistent with the DMCA, PYLOGEN.COM will accommodate standard
technical measures used to identify and protect copyrighted works, and, as further
described herein, PYLOGEN.COM has a policy of terminating accountholders who are
repeat copyright infringers.
1.8. Websites are unmodified forums containing the personal opinions and other expressions
of the persons who post entries on a wide range of topics. Neither the content
of websites located on PYLOGEN.COM's servers nor the links to other websites are
screened, approved, reviewed or endorsed by PYLOGEN.COM. The text and other
material on websites are the opinion of the specific author and are not PYLOGEN.COM's
statements of advice, opinion or information.
1.9 PYLOGEN.COM provides Traffic Reports and log files on some packages. PYLOGEN.COM
does not guarantee the availability of these services. PYLOGEN.COM may at
times remove server log files on the server without notice to free space on the
server. PYLOGEN.COM does not guarantee log file availability. PYLOGEN.COM
does not guarantee Traffic Report Data.
1.10 PYLOGEN.COM does not provide development support or internal database support
with any of its packages. If PYLOGEN.COM is asked by customer to review code
or review database/table/field structure by customer, then customer will be required
to pay the current labor rate for such service.
1.11 PYLOGEN.COM charges over bandwidth and over disk quota charges for accounts
that go over their allocated package amount. Over bandwidth charges are billed
at the 1st of every month at the then-current rate per GB rounded up to the nearest
GB. Over Quota charges are billed on a daily basis at the then-current rate
per MB that the account is over its bandwidth allocation.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as
is." Neither PYLOGEN.COM, nor any of its employees or agents, warrants that
the Services will be uninterrupted, error free or free from viruses or other harmful
components. PYLOGEN.COM is not responsible for and hereby disclaims any warranties,
either expressed or implied, regarding the quality, accuracy, or validity of the
data and/or completeness, noninfringement, merchantability or fitness for a
particular purpose of information available on its SERVERS or residing on or passing
through its interconnecting networks. Use of information obtained from or
through the Services is at your risk. Under no circumstances will PYLOGEN.COM
be liable to you or any other person for any loss or damage caused by your reliance
on information available on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL PYLOGEN.COM BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION
OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION
TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE PYLOGEN.COM'S SERVICES (INCLUDING,
BUT NOT LIMITED TO, INOPERABILITY OF PYLOGEN.COM'S SERVERS), REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EVEN IF PYLOGEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PYLOGEN.COM'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU TO PYLOGEN.COM FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO
THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, PYLOGEN.COM'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold PYLOGEN.COM
and its affiliates, directors, officers, employees and agents harmless from and
against any liabilities, losses, damages or costs, including reasonable attorneys'
fees, resulting from any third-party claim, action, dispute or demand related to
your use of the Services, your violation of any of the provisions of this Agreement
or from your placement or transmission of any materials or content onto PYLOGEN.COM's
servers. Such liabilities may include, but are not limited to, those
arising from the following: (a) with respect to your business, (i) infringement
or misappropriation of any intellectual property rights; (ii) defamation,
libel, slander, obscenity, pornography, or violation of the rights of privacy
or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct
or violation of the acceptable uses described herein or anti-spam policy;
(b) any damage or destruction to PYLOGEN.COM's equipment or to any other accountholder,
which damage is caused by or otherwise results from acts or omissions by you,
your representative(s) or your designees; (c) any personal injury or property
damage arising out of your activities related to the Services, unless such
injury or property damage is caused solely by PYLOGEN.COM's gross negligence
or willful misconduct; and (d) any other damage arising from your equipment
or your business.
3. Payment of Fees
3.1. PYLOGEN.COM will publish a notice of fee increases 30 days before such increases
take effect via e-mail.
3.2. You agree to provide PYLOGEN.COM with accurate and complete billing information,
including your legal name, address, telephone number, e-mail address and applicable
payment date and to update this information immediately if any change occurs.
Payments must be submitted in advance of receiving the Services.
3.3. Delinquent accounts are those that remain unpaid at the beginning of the next
Payment Interval. The Services will be suspended if your account is delinquent.
Notwithstanding any other rights PYLOGEN.COM may have in this Agreement, all
of your website contents will be destroyed if your account is delinquent for 60
days. PYLOGEN.COM accounts continue to accrue charges while they are delinquent
or if the Services are suspended.
3.4. You acknowledge responsibility for your account until payment in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse
of the Services, whether described in this Section 4 or otherwise, shall be investigated
promptly. If you are not sure if your actions will be an abuse, violation
or misuse, please ask first: support@pylogen.com.
You are responsible for all use of your website, with or without your knowledge
or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable
laws. Illegality includes, but is not limited to, drug dealing; attempting
without authorization to access a computer system; pirating (distributing
copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs,
and ROM emulators); gambling; schemes to defraud; trafficking in obscene material;
sending a message or having content that is obscene, lewd, lascivious, filthy, or
indecent with intent to annoy, abuse, threaten, or harass another person;
threatening bodily harm or damage to individuals or groups; violating S.A. export
restrictions; stalking; or violating other law, such as the Electronic Communications
Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited.
When PYLOGEN.COM becomes aware of possible violations of this Agreement, PYLOGEN.COM
may initiate an investigation that may include gathering information from you and
the complaining party, if any, and examination of material on PYLOGEN.COM's servers.
It is against Pylogen policy for any individual to swear at or make degrading comments
to Pylogen employees. If an individual deliberately directs any inappropriate or
obscene expletive towards Pylogen and or its employees, will constitute termination
of service without refund.
PYLOGEN.COM, in its sole discretion, will determine what action will be taken in
response to a violation on a case-by-case basis. Violations of this Agreement
could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD PYLOGEN.COM HARMLESS FROM
ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PYLOGEN.COM AS PART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT
A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE
OR RECOVER ANY DAMAGES WHATSOEVER FROM PYLOGEN.COM AS A RESULT OF PYLOGEN.COM'S
DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE
YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF PYLOGEN.COM'S CONCLUSION THAT A VIOLATION HAS
OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images,
text, and programs) may be downloaded or uploaded using the Services. You
may also re-distribute materials in the public domain. You assume all risks
regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material
through the Services. Examples of unlawful material include, but are not limited
to, threats of physical harm, child pornography, and copyrighted, trademarked and
other proprietary material used without proper authorization. Pornography
and sex-related merchandising, or links to such material, even if legal, are not
acceptable uses of PYLOGEN.COM's servers. You may not post, upload or otherwise
distribute copyrighted material on PYLOGEN.COM'S servers without the consent of
the copyright holder.
Unacceptable uses of website content also include the presence of the following
programs or the activities associated with them, regardless of whether or
not any actual intrusion results in the corruption or loss of data: server
broadcast messages or any message sent on an intrusive basis to any directly or
indirectly attached network; attempts to circumvent any user authentication
or security of host, network, or account; accessing data not intended for
user; probing the security of any network; spawning dozens of processes; port
scans, ping floods, packet spoofing, and forging router information; denial of service
attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop;
promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
PYLOGEN.COM supports free speech on the Internet and will not suspend or cancel
your account simply because it disagrees with your views expressed at your website.
However, examples of unacceptable activities include posting private information
about a person without his or her consent, defaming a person or business,
and knowingly making available code that will have a deleterious effect on third-party
computers. Where there are allegations that your on-line activity has violated
the legal rights of a third party, PYLOGEN.COM will not substitute itself
for a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: spamming (sending unsolicited
advertising to those with which you have no existing business relationship
and posting off-topic advertising in newsgroups); spoofing (using a return email
address that is not the valid reply address of the sender or sending an email
message that does not contain enough information to enable the recipient to
identify you); passive spamming (promoting a website hosted by PYLOGEN.COM
by spamming from some other source); trolling (posting controversial messages in
newsgroups to generate responses); mailbombing (inundating a user with email
without any serious intent to correspond or sending large or multiple
files to a user); generating a higher volume of outgoing mail than a normal user
(over 10% of available system resources); propagating chain letters; and subscribing
someone else to an electronic mailing list without that person's permission.
A message is considered unsolicited if it is posted in violation of a newsgroup
charter or sent to a recipient who has not requested the message. Making an
email address available to the public does not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All recipients
on a mailing list must have personally subscribed. Mailing lists may not be
used to distribute unsolicited email. If you are repeatedly mailbombed or
attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at
PYLOGEN.COM or elsewhere. PYLOGEN.COM recognizes that email is an informal
medium; however, you must refrain from sending further email to a user after receiving
a request to stop.
You may not alter the headers of email messages to disguise their identity or to
prevent users from responding to the messages. PYLOGEN.COM may disclose the
usernames of accounts responsible for forged email messages to system administrators
or users requesting the information.
You may not use PYLOGEN.COM e-mail servers/systems for e-mail membership services
such as allowing anyone to signup for an e-mail account with your domain name that
wishes. Your e-mail server/services are intended to be used for you, departments
and employees within your organization/company. If you need e-mail membership
services PYLOGEN.COM can recommend a few companies that offer this service.
Violations of the PYLOGEN.COM policies outlined herein can sometimes result in massive
numbers of email responses. If you receive so much email that PYLOGEN.COM
resources are affected, PYLOGEN.COM staff may shut down your mailbox.
You may not use PYLOGEN.COM mail services, servers or components to send out mail
from other sites or services that are not hosted with PYLOGEN.COM. You may
not use PYLOGEN.COM mail services, servers or components to send out mail advertisements
for other sites not pertaining to the website you are hosting with PYLOGEN.COM.
You may not use PYLOGEN.COM mail servers for bulk e-mailing unless arrangements
have been made prior to each mail submission. PYLOGEN.COM staff may shut down
your mailbox /site without warning if this occurs.
You may not use PYLOGEN.COM shared mail servers as an email storage facility.
By storing your email on PYLOGEN.COM servers you do so at your own risk. PYLOGEN.COM
suggests you download all mail content off of PYLOGEN.COM shared mail servers at
the time of retrieval. As per section 1.5 PYLOGEN.COM does not backup mail
data and is not responsible for loss mail data under any circumstances.
You may not use Pylogen's shared mail servers for a domain not hosted with Pylogen
for email only unless the domain is the main domain of any plan, otherwise the domain
that email service is being supplied to must be pointed to Pylogen's network.
List Server Lists are permitted on certain packages. Large lists of more than
500 members are not permitted without first consulting PYLOGEN.COM for approval.
Use of this service is AS IS. PYLOGEN.COM does not provide support
on the List Server service. PYLOGEN.COM will provide you with the URL of
the List Server provider to review help and knowledge base articles to guide you
with this service.
Pylogen only shares personal information with other companies or individuals outside of Pylogen in the following limited circumstances:
If Pylogen becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Pylogen employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
4.4. System Security.
You are prohibited from utilizing the Services to compromise the security of system
resources or accounts on servers at PYLOGEN.COM or at any other site. Use
or distribution of tools designed for compromising security or containing viruses
or trojans are prohibited. Examples of these tools include, but are not limited
to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, PYLOGEN.COM reserves the right
to release all usernames of users involved in such violations to system administrators
at other sites in order to assist them in resolving security incidents. PYLOGEN.COM
will also fully cooperate with law enforcement authorities in investigating suspected
lawbreakers.
4.5. System Resources. System abuse includes any use of PYLOGEN.COM resources
that disrupts the normal use of its servers or services for others. Examples
of system abuse include running excessive numbers of processes or consuming excessive
amounts of CPU time, memory or disk space.
4.6 MySQL / MSSQL / Database Server. MySQL / MSSQL Server Databases are provided
on some packages on an As IS basis. All database management and data management
must be done by customer thorough an interface provided by customer or through the
web interface provided by PYLOGEN.COM. Any additional services that are not
available through customers interface or the PYLOGEN.COM web interface may be done
by PYLOGEN.COM at the current hourly rate for these additional services. Any
work, not limited to programming and repair, that is required of PYLOGEN.COM on
customer database(s), other than database creation, is subject to the current hourly
rate for these services. You are prohibited from using PYLOGEN.COM's SQL /
Data servers from remote servers. Using PYLOGEN.COM's sql servers from remote
servers is a violation of PYLOGEN.COM's terms and conditions. One example
of the violation is you have a website hosted at another location and you are using
PYLOGEN.COM's sql servers for storing the data. Connections outside our Network
is not permitted unless it is a program used to create and maintain your database
like Enterprise Manger or comparable application.
5. PYLOGEN.COM's Right to Terminate Agreement
(a) PYLOGEN.COM reserves the right to suspend or terminate the Services to you and
remove or prevent access to any material from your website at any time, without
prior notice or liability, for any conduct that PYLOGEN.COM, in its sole discretion,
believes violates this Agreement or is otherwise harmful to PYLOGEN.COM's
interests or the interests of other accountholders. (b) PYLOGEN.COM also reserves
the right to comply with the take-down provisions of the DMCA and to seek injunctive,
declaratory, interpleader or other judicial or equitable relief (and, pending such
action, to suspend all access to your website) if any third-party claim is made
that your website content or use violates any of the acceptable uses or your
obligations or representations described in this Agreement.
6. Cancellation of Accounts
6.1. All PYLOGEN.COM accounts must be paid in full before the cancellation will
be considered complete.
6.2 When canceling an account, cancellations take effect immediately and do not
continue for the amount of your term left on your account. PYLOGEN.COM does
not give refunds on the remaining term left on an account that was canceled after
the charges have been billed. Customer must inform PYLOGEN.COM of cancellation prior
to the new billing date. Any charges that incurred after the billing date
and cancellation are non-refundable. It is customer's responsibility to make
sure that PYLOGEN.COM has accurate e-mail address / billing information on file
for the invoices to reach you.
6.3. If your account is suspended or terminated for any reason permitted by this
Agreement, PYLOGEN.COM may, at its sole discretion, permanently delete your website
contents from PYLOGEN.COM servers, and PYLOGEN.COM will not be able to reopen or
restore such content. If your account has been canceled or suspended due to
a violation of our Terms and Conditions and Acceptable use policy no refunds will
be given on any pre-paid term.
7. Arbitration; Governing Law
7.1. Except for PYLOGEN.COM's compliance with take-down provisions of the DMCA or
injunctive or other equitable actions initiated by PYLOGEN.COM pursuant to
Section 5(b), if any controversy or dispute arises in connection with this
Agreement, the Services or your use of PYLOGEN.COM's servers, such controversy or
dispute shall first be presented for resolution by PYLOGEN.COM and you.
8. Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Pylogen server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel/HELM backup of the same account.