Terms Of Service
This web hosting agreement is between Page1Hosting.com (referred as "Page1Hosting") and the person (referred as "client" or "customer", whether legal or individual) who electronically submits his/her service order to Page1Hosting.com using the “Order” form. It is assumed that the customer has read thoroughly, each clause, segment and part of this agreement before signing up for Web Hosting services..
Subject to the clauses and terms put forward in this agreement, and contingent on the satisfaction of the customer’s credit approval system of Page1Hosting, Page1Hosting agrees to provide the Web Hosting services as described on the order page.
The initial service term of the agreement generally begins on the date the customer is sent an e-mail from Page1Hosting announcing the activation of the customers’ account and shall continue until the number of months paid for (as per current tariffs). Upon expiration of the initial term, this agreement shall automatically renew for a period same as the original term unless stated otherwise by the customer or Page1Hosting. For any kind of changes in renewal term, the customer must issue a written notice 30 days prior to date of expiry.
Fees: Fees are payable in advance. All dues MUST be cleared before the commencement of each billing cycle. The billing cycle offerings currently stand at monthly, quarterly, semi annually, annually or otherwise if stated in the order form. If the payment is made through a debit/credit card, the customer authorizes Page1Hosting to bill subsequent bills to the same card. Invoices would be mailed electronically to the customer after the bill has been charged to the card on file.
All payments must be made in USD (United States Dollars). The customer is liable to keep all billing information on file with Page1Hosting up to date. It is the customer’s responsibility to update his/her billing information (credit/debit card changes, changes in billing address etc.). Page1Hosting may suspend Web Hosting services to the client if any service fees are overdue. Fees not disputed with 30 days of due date are conclusively deemed accurate and may not be disputed any later than 30 days.
Early Termination: The customer acknowledges that the amount of the fee for the Web Hosting services is based on the customer’s agreement to pay the fee for the entire initial term, or renewal term as applicable. If Page1Hosting ever terminates the Web Hosting services to a particular client for customer’s breach of the service agreement other than in accordance with “Termination” (Section 9 of the T.O.S), the unpaid fees for the billing cycle in the current term are payable on the business day following the date of termination of Web Hosting services to the client.
Compliance with ALL Laws
The customer agrees to use the Web Hosting services in a manner consistent with all applicable laws and regulations of the United States of America, the Common Wealth of Virginia and Lebanon. Reproduction or transmission of any kind of material in violation of any local, state, national or international law or regulation is strictly prohibited. The customer agrees that any material reproduced or transmitted on Page1Hosting’s Web Hosting services through the customer’s Web Hosting account does NOT violate any copyright, trademark, patent, statutory, common law, proprietary rights etc.
Upon signing up for a Web Hosting services with Page1Hosting, the customer warrants that any information provided to Page1Hosting by him, her or it is entirely precise and accurate. The customer must be over 18 years of age to avail of the Web Hosting services provided by Page1Hosting. Page1Hosting shall rely on all customer information provided as primary contact info to contact and inform the customer of any matter that may concern him/her or the Web Hosting service provided by Page1Hosting. In case the primary contact information has to be changed, the customer must issue a written notice to Page1Hosting with updated contact details and then allow Page1Hosting at least 72 hours to put the changes into effect.
The customer agrees to indemnify and hold harmless Page1Hosting, its management, its employees and all of its agents from and against all kinds of claims, liabilities, demands, losses, obligations, fines, damages, penalties and any kind of losses incurred by the customer because of the Web Hosting services provided by Page1Hosting. Any kind of blame, penalties, losses, attorney fees imposed upon Page1Hosting by a 3rd party resulting from violation of any legal law by a customer would be taken up by the customer. The customer will be held liable for any kind of TOS violated under the customer’s account by any person, irrespective of whether the person was authorized to use the account or not.
Disclaimer of warranties
Page1Hosting does NOT warrant or represent that the Web Hosting services provided will be uninterrupted, error-free or entirely secure. To the extent allowed by law, Page1Hosting disclaims ALL warranties including the implied warranties of Merchantability, Fitness for a particular purpose, Non-infringement. To the extent permitted by law, all Web Hosting services are provided on an “AS IS” basis.
Limitation of Damages
Page1Hosting shall not be held liable for any losses, loss of potential profits caused to the customer or any other party in connection with the customer arising from the Web Hosting services provided by Page1Hosting. Page1Hosting CANNOT be held responsible for any similar damage caused to the customer on related party which could have been avoided by the use of reasonable diligence arising in connection with the agreement even if Page1Hosting has been advised or should be aware of the possibility of such losses and damages.
Without withstanding anything else in the TOS to the contrary, the maximum total liability of Page1Hosting and any of its employees, staff, and managers shall be monetary payment not exceeding the amount payable by the customer for 3 months of service.
The customer agrees that Page1Hosting is permitted to suspend any of the services including Web Hosting services provided to the customer by Page1Hosting without notice or liability at any point of time as deemed suitable to Page1Hosting, reasons including (but not limited to):
- Page1Hosting that the Web Hosting services or any other service being used by the customer violates a clause of the TOS.
- The customer does not co-operate with any reasonable investigation of a suspected violation of the TOS of Page1Hosting.
- The customer threatens, disrupts, insults or harms any employee/staff member/customer of Page1Hosting intentionally or unintentionally.
- Page1Hosting reasonably believes that the suspension of service (including Web Hosting services) is necessary to protect the interest of other customers or Page1Hosting’s network.
- Page1Hosting can suspend the account if requested by a legal authority or law enforcement agency.
- The customer may be charged a reinstatement fee for reinstating services suspended by Page1Hosting.
The agreement may be terminated by Page1Hosting prior to the date of expiration of account without prior notice or any kind of liability. Some possible reasons for untimely termination of services include (but are NOT limited to):
Upon 7 days of written notice sent to the customer regarding a payment outstanding, invoice unpaid or any other dues not cleared. Failure to clear all dues within 7 days of notice may lead to termination of services permanently.
Customer intentionally/unintentionally materially violates any of the clauses listed in the TOS or the AUP and fails to cure the damage/loss within 7 days of infringement.
As deemed necessary by Page1Hosting or any of its employees/managers/staffers. The customer can terminate the agreement ONLY by submitting a written notice to Page1Hosting 10 days prior to the next billing date. A service can be terminated by a customer ONLY after ALL outstanding invoices in the customer’s account have been paid and all dues cleared.
Requests for customer information
The customer agrees that Page1Hosting can and may, without any prior notice to the customer:
1. Report to appropriate authorities about any conduct/action of the customer that Page1Hosting believes violates the law, Page1Hosting’s TOS or causes harm to any individual/company.
2.Provide information about the customer or other end users to a law enforcement or regulatory agency upon demand or request, formal or informal.
The customer agrees to maintain up-to-date backups of all his/her data hosted with Page1Hosting not withstanding any agreements or promises made by Page1Hosting to maintain back up services. In the dreaded event of data loss, Page1Hosting cannot be blamed/held liable for the loss of data irrespective of the value of information lost.
Changes to Page1Hosting’s network
Upgrades/Downgrades or similar changes to Page1Hosting’s network including, but not limited to software, hardware, staff, service providers, suppliers etc. may affect or interrupt services. Page1Hosting reserves the right to make changes to its network whenever it deems necessary without having to notify the customers who possibly might be affected by the amendment/change. Page1Hosting cannot be held liable for any harm caused to the customer resulting from downtime/interruption of service due to changes being made to Page1Hosting’s network.
Notices to Page1Hosting are to be sent via e-mail to the addresses listed on the website. Notices to customers too shall be given via electronic mail to the address on file with Page1Hosting as in accordance with the Primary Contact Information. All notices transmitted are assumed to have been received on the same day.
Page1Hosting shall not be in default of any kind of obligation under the agreement if the failure to perform the obligation is due to an event or incident beyond the control of Page1Hosting. This includes, but is not limited to: all natural disasters and calamities, power failures, service downtime etc.
Unacceptable usage of resources
The following types of behavior and conduct on the customer’s behalf maybe the grounds for suspension of service pending investigation by Page1Hosting or a law enforcement agency. It may result in termination (without a refund) of account(s) such an investigation determines have been responsible for violating a clause or multiple clauses of the TOS or not be in accordance to the current applicable law.
1.Posting a single article, or substantially similar article/data to an excessive number of newsgroups or forums or continual posting of off-topic discussions. Following a complaint by a newsgroup/forum/website due to inappropriate behavior by a customer and unethical methods of marketing a promotion of a website residing within the network of Page1Hosting, service to the customer may be temporarily suspended or permanently terminated.
2.Sending unsolicited emails from Page1Hosting’s network with or without intention of marketing/promotion. This is treated as spam and would result in suspension/termination of service to the customer.
3.Engaging in either inappropriate postings, copyright infringement, spam using services from a provider other than Page1Hosting for the promotion or marketing of a website that lies within the Page1Hosting network is also considered unethical and hence treated as a violation of a TOS. This would result in suspension/termination of services to the customer.
4.Continual harassment of individuals over the internet even upon being asked to stop by the victims and/or Page1Hosting.
5.Engaging in mail bombing (sending large volumes of emails to a particular individual’s e-mail address).
6.Attempts to hack and gain access to another user’s personal information without the consent of the user.
7.Network Unfriendly Activity: Attempts to interfere with regular operations of Page1Hosting’s systems that hampers the smooth running of Page1Hosting or its network connections or any action that adversely affects the ability of users to use Page1Hosting’s services over the internet including but not limited to:
8.Any unauthorized attempts to gain root access to any of Page1Hosting’s servers or other client’s accounts.
9.Use of Page1Hosting’s services, servers and systems to disrupt services of another provider.
10.Usage of server resources, network and bandwidth resources in a manner than hampers the performance of other accounts on the same server, other servers using the same network or any other system used by Page1Hosting to provide its services.
THIS AGREEMENT ALONG WITH THE ORDER FORM CONSTITUTES THE COMPLETE AND EXLUSIVE AGREEMENT BETWEEN PAGE1 HOSTING AND THE CUSTOMER. IT IS ASSUMED THAT THE CUSTOMER HAS READ THE AGREEMENT THOROUGHLY AND AGREED TO EACH CLAUSE OF IT BEFORE SIGNING UP FOR MULTIPLE C CLASS HOSTING SERVICES PROVIDED BY PAGE1 HOSTING