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Terms of Service

 

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Acceptable Use

You must accept these terms of service in order to use our service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers. 

Read these terms of service carefully and return here frequently. Updates are cataloged at the bottom of this page. The Terms of Service are subject to change without notice, so be sure to review them at your convenience.

This agreement will govern your purchase and use of any PAWS Services (collectively called "Plan(s)" and or "Package(s)' , your account will also be referred to as your "Plan(s)" and or "Package(s)), ordered by you and accepted by Pure Alaska Web Services and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you accept these terms and conditions in order to use the Plan(s). By clicking the checkbox next to the text that reads "I have read, understood and accept the Terms and Agreement" (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.

Disagreement

If you do not agree to the terms of this document, or any of Pure Alaska Web Service's policies or guidelines, do not check the Acceptance Checkbox and your Plan(s) will not be created. If you do not agree to the terms of any modification to ANY Pure Alaska Web Services document, immediately notify Pure Alaska Web Services of your termination of this agreement, thereby terminating your Plan(s) with Pure Alaska Web Services.

Modification Agreement

PAWS reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time PAWS reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to the PAWS web site PAWS will only post a notice of any revisions or changes to this document via email to each client. PAWS may change or modify ANY policies or guidelines without prior notice to the client. Your continued use of PAWS' Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.

Term

(i) 30 Days Terms - This agreement will be for the "term" of 30 days, beginning from the moment you register for the Plan(s). This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below. (ii) 1 or 12 month(s) terms - this agreement will be for the "term" of One (1) or twelve (12) month(s), beginning from the moment you register for the Plan(s). This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below.

Office Hours

Local clients shall not show up at our home offices un-announced or unscheduled. If you seek in person assistance, you will call or email our office to arrange and schedule an appointment.

Technical Support

PAWS charges a rate of $25.00 per hour, with a one hour minimum, for technical support issues. If you need technical support with regards to any of the Cpanel, and/or Fantastico scripts and software, please contact the respective designers of those scripts and software. Billing for technical support is done at the first of each month. Refusal to pay for technical support will result in your Plan(s) being suspended until payment is made in full.

Trade or Barter

PAWS does not accept trade, barter or any other form of non-cash payment for services rendered. Fees incurred for tech support, web design or any other business transaction shall be paid in full at time of service. No exceptions. 

Payment

All charges for your Plan(s) must be paid in advance according to the most current price of the Plan(s). Upon registration, you must pay for your Plan(s) by PayPal online payment or personal / business check. Upon paying for your Plan(s), you thereby grant permission to PAWS to charge any fees in accordance with your Plan(s). Check / money orders can be sent on a as needed basis worked out with a Billing Manager. Check / money orders can not be refunded, in addition, the 30 Day-Money Back Guarantee does not apply to check / money orders. Any Check / money order must be mailed using Delivery Confirmation or Signature Confirmation. PAWS will not be responsible for lost mail. in the event payment is lost, or does not arrive, you will be notified to put a stop payment on any checks or money orders. In this event you will need to re-issue and re-send payment as soon as possible.

Lateness

If payment is not received within fifteen days of your due date, your account will be suspended until all past due, late and re-instatement fees are received in full. It shall be the client’s sole responsibility to assure payment is received in full and on time. If an account is suspended for insufficient or late payment, the client shall be responsible for contacting PAWS and arranging alternate payment. 

Late Fees

The following shall apply to all accounts suspended for non-payment

  • Late Fee: $2.00 every ten days
  • Re-instatement fee: $15.00 due on, or before, reconnection of domain

30 Day-Money Back Guarantee

You have a 30 day guarantee which will only apply to shared hosting Plan(s). If you do not feel PAWS has delivered the business you expected, you may terminate this agreement within the first 30 days from your initial order date, and receive a refund for the agreed upon monthly Plan(s) fee and shall exclude, without limitation, the refund of any or all setup fees, software purchases, or promotional discounts, etc. To receive the refund, you must terminate your Plan(s) in the manner described in the Termination Instructions below and discontinue your uses of the Plan(s), and PAWS must receive this notice within the first 30 day period of your Plan(s). You also agree to provide PAWS with a description of why you are not satisfied with our Plan(s). Checks or money orders cannot be refunded with this policy.

Plan(s) Usage

The Acceptable Use Policy (also called AUP) dictate the general policies and procedures for the use of the Plan(s). The PAWS Online Privacy Statement informs the customer of how PAWS will collect, store, process and use the information associated with the use of your Plan(s). The PAWS Privacy Policy is located on the PAWS web site and may be updated at any time. You should carefully read the AUP, as by registering for hosting you will be bound by the AUP and any modifications made to said document. PAWS reserves the right to terminate your Plan(s) without prior notice if you, in any way, should violate any part of the AUP or this Agreement.

Content Requirement

Use of the Plan(s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc. This knowledge will vary depending on the usage and content level of your web site. You, or your webmaster, must have the knowledge necessary to maintain your web site, it is not PAWS responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Plan(s) agreed to you by PAWS.

Usage of Allotted Resources

You agree that the use of the Plan(s) will not exceed the server resources (bandwidth, storage) allotted to your Plan(s). If you use any resources that surpass the percentage or megabytes agreed upon, or if you exceed E-mail storage and attachment size limitations, PAWS may, in its sole discretion, suspend the Plan's usage, or terminate this agreement. Also, you are responsible for reasonable CPU and Memory usage. In the event that PAWS elects to take corrective action, you will not be entitled compensation for any used or unused prepaid fees.

Quality of Service

PAWS will make its best efforts to provide quality, and uninterrupted services but this is not a guarantee. PAWS will not be responsible for any damages caused by service interruption, temporary delay, or outages of the Plan(s). Again, PAWS does not make any promises or guarantees as to uptime and will not be held responsible for any damages or financial loses due to downtime.

Web Site Back-Ups

You are solely responsible for maintaining backups of your web site, email and data bases. PAWS does not maintain any form of backup of your web site. However, PAWS provides an easy means to create backups of your web site within your control panel. You should always maintain current backups of your web site and data bases.

Limited Liabilities

Under no circumstances, including, without limitation, negligence or other tort, principles of contract, warranty, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise, shall PAWS in creating, producing or distributing the Plan(s) thereunder be liable to you for any indirect, special, consequential, incidental or exemplary damages including, without limitation, to damages for lost profits, loss of use, lost of data, errors, defects, phone bills, communication lines bills, loss of privacy, damages to third party even if PAWS has been advised of the possibility of such damages. In no event will PAWS or its suppliers have any liability for unauthorized access to, theft or destruction of any content made available for distribution by the Plan(s) through fraud or devices.

Indemnification

You agree that you shall defend by counsel reasonably accepted by PAWS, protect and hold PAWS harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable attorneys' and consultants' fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of, or related to, the Plan(s) provided to you.

Disclaimer

You acknowledge and agree that PAWS accepts no responsibility or liability for, and employs no control over, the content of the information passing through the parent host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, PAWS does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan(s), including, but without limiting to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.

Automatic Plan(s) Upgrade

PAWS may automatically upgrade Plan(s) without prior notice.

Termination Instructions

To terminate your Plan(s) you must follow these instructions. Any other forms of termination will not be acceptable. You must provide PAWS with notice of a termination at least 7 days before the end of the term by filling out the Account Termination Form at http://purealaska.com/terminate_account.htm. Any attempts to cancel by telephone, email or our ticket system will be rejected and billing will continue until these instructions have been followed.

Liabilities and Obligations on Termination

If the Agreement expires or is terminated for any reason, PAWS is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan(s) of the loss of prospective profits, anticipated sales, goodwill or on Plan(s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to PAWS as provided in this Agreement. PAWS reserves the right to refuse service to anyone.

Violations

Failure to follow the PAWS Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan(s). PAWS will be the sole arbiter as to what constitutes a violation of the Conditions. PAWS reserves the right to remove any Plan(s) without prior notice. PAWS may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its systems, facilities, and/or third parties.

Refund Policies

You and PAWS agree that there will be no monetary compensation for terminated Plan(s)/services regardless of the reason. No Refunds or prorated refunds. Setup Fees are nonrefundable for any reason. Payment methods of check/money order are nonrefundable as well. Account cancellations within the trial period (first 30 days) of the account have 30 days to request the refund as stated in section 17 referring to section 7.

Promotions

Promotions through PAWS are subject to cancellation at anytime. PAWS has the right to revoke any promotional offer previously offered on an account should it not comply with the terms and conditions of the promotion. Promotional terms and rates do not apply to renewals of terms or accounts without limitation. Refunds offered by PAWS through any and all promotions can only be claimed within the first 30 days after the first date of issuance through the promotion. Any request for a promotion to be in-acted after the designated promotional period will be denied.

Actions

PAWS reserves the right to restrict or remove any content from its equipment that violates the Conditions, or is objectionable, or infringing on any third party's rights or in potentially violation of any laws. In the event that Ace-Host. Net becomes aware of the violation of the Conditions, a third party's rights or laws, PAWS may immediately take corrective action which may include, but not be limited to, (1) restricting the Plan(s), (2) suspending or terminating the Plan(s), (3) restricting or prohibiting any and all use of the PAWS equipment, and/or (4) pursue other civil remedies. The above stated rights however does not obligate PAWS to monitor or exert control over the information made available through the Plan(s). PAWS will not be obligated to refund you any fees or charges paid in advance for corrective actions due to possible violations of the Conditions.

Disclosure

PAWS may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history, material contained on the PAWS system in order to abide by any applicable laws, lawful governmental requests, to protect PAWS systems and customers, or to provide and protect the quality, functionality, and integrity of PAWS business and equipment. PAWS reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.

Compensation

You agree to compensate, PAWS and its affiliates and suppliers (and their respective representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys' fees, incurred by PAWS or it's suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Plan(s); or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.

Entire Agreement

This agreement in addition with and to all policies and guidelines incorporated herein by reference, constitutes the entire agreement and contract between you and PAWS and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreement between you and PAWS with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. You agree that you are entering into this entire agreement on the basis of any representations or promises not expressly contained in the entire agreement.

Advertising

PAWS may, free of any obligation to compensation, payment or reward, use your name and refer to you as a client, in advertising, publicity, or similar materials distributed or displayed to current or prospective clients.

Refusal of Service

PAWS reserves the right to refuse service to any customer at anytime.

Laws

The entire agreement shall be governed by the laws of the United States and the state of Alaska and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Alaska applicable to contracts enter  into and performed entirely within the State of Alaska. You shall at all times accord with all applicable laws and regulations and shall protect and save PAWS harmless from your failure to stray from accordance. You agree that PAWS shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the Plan(s) in any way that violates US export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Table of Denial Orders.

Severability

If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of PAWS and its suppliers to you will be limited to the amount actually paid to PAWS by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Plan(s) set by PAWS have been and will continue to be based upon this allocation risk. Accordingly, you hereby release PAWS and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section. 

Warranties and Representation

You warrant and represent to PAWS that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Plan(s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.

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Low cost Christian web hosting, with Fantastico, Cpanel, MySQL, unlimited email, custom bandwidth, FTP, e-commerce solutions, PHP and more.

You must accept the terms of service in order to use our service. The main purpose of the agreement is to protect all users on our servers. 

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Last modified: January 12, 2006

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