Shared Hosting Service Contract
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These basic hosting policies and terms of service (TOS) apply to all of our web site or other data hosting services with the exception of our Virtual Private Server, QuickServe®, and pairCloud®, offerings which are governed by their own contracts.
pair Networks is a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on pair Networks’ servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on pair Networks’ servers.
It is agreed between the user and pair Networks that all services provided by pair Networks hereunder are delivered at the location of the servers, in other words at data centers located within the territorial USA. Although the account User may be physically located outside of the USA when the account is opened, or at any time thereafter, it is irrevocably and absolutely agreed and understood that delivery of the service(s) takes place within the USA. Customers residing in a Member Country of the European Union will be managed through our affiliate, pair International, and to the extent required by EU directives value added taxes (VAT) will be collected and remitted to the EU taxing authorities.
1. USER CONDUCT
pair Networks’ services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to pair Networks, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. We will not edit, censor, modify or otherwise control or contribute to your content. However, We reserve the right to discontinue service to anyone at our complete discretion and without prior notice. Without limiting pair Networks’ right to discontinue service to anyone at our sole discretion, while using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the Internet;
- Post or transmit any unlawful content;
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
- Post, store, publish, transmit, reproduce, or distribute individually identifiable health information or otherwise violate the USA Health Insurance Portability and Accountability Act (HIPAA) and The Patient Safety and Quality Improvement Act of 2005 (PSQIA) or the privacy protection equivalent of these USA laws adopted in any other relevant jurisdiction.
- Claim or identify pair Networks as User’s “Business Associate” under HIPAA.
You agree to indemnify, defend, and hold harmless pair Networks from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, pair Networks, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
pair Networks reserves the right to refuse or discontinue service to anyone at pair Networks’ sole discretion. pair Networks may deny you access to all or part of the service without notice if you engage in any conduct or activities that pair Networks in its sole discretion believes violates any of the terms and conditions in this agreement. pair Networks shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that pair Networks has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. pair Networks reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
pair Networks makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by pair Networks or its agents or employees shall create a warranty. pair Networks provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall pair Networks be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with pair Networks service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on pair Networks’ servers that such information becomes available to all Internet users and that pair Networks has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of pair Networks’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through pair Networks or on the Internet generally.
5. ECPA NOTICE
pair Networks reserves the right to monitor any and all communications through or with our facilities. You agree that pair Networks is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply pair Networks with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by pair Networks, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at pair Networks. You agree to abide by any and all future pair Networks policy decisions.
If you are using WordPress offered through pair Networks you also are agreeing to adhere to the special policies and guidance here.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify pair Networks immediately in writing by registered mail, with return receipt, to pair Networks, 2403 Sidney Street Suite 510, Pittsburgh, Pennsylvania 15203. You shall be held fully responsible for any misuse or compromise to your account for which pair Networks is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, pair Networks has the right to suspend access to the account pending an investigation and resolution. You also agree that pair Networks has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
9. HIPAA NOTICE
pair Networks, Inc. is not a “Covered Person” nor a “Business Associate” under HIPAA and has not agreed to be bound by the extraordinary privacy and security statutes and rules adopted with respect to medical records and related data. It is considered an abuse of our network for anyone to store data on our servers, including colocated servers, which are subject to the HIPAA privacy and security standards.
10. BACKUP OF DATA
Your use of the service is at your sole risk. pair Networks is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on pair Networks servers.
11. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of pair Networks or any other service with reference to services obtained through pair Networks, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, pair Networks, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from pair Networks, in advance of the time period during which such services are provided. You agree that all setup fees are typically non-refundable once setup is completed. Such setup fees may be refundable under certain circumstances as part of a promotion or special package – but absent such exceptions setup fees are considered fully earned by pair Networks once setup is completed. You agree that until and unless you notify pair Networks of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that pair Networks may apply the amount due to the provided card at any time. pair Networks agrees that pro-rated refunds for unused time periods, effective at the end of the calendar month in which the notice is received, will be provided upon request, in the event of account termination. In the event of late payment, refused credit cards, insufficient funds checks, or other issues you will be assessed late payment fees at two percent (2%) per month or part of a month, with a minimum administration fee of $5.00 per late invoice, until the fees have been paid in full.
13. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with pair Networks or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
15. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the Commonwealth of Pennsylvania, USA (“Pennsylvania”) and the United States of America. Customer agrees that all services provided by pair Networks shall be deemed to have been requested and provided in Allegheny County, Pennsylvania. Customer further agrees that the Court of Common Pleas of Allegheny County, Pennsylvania, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by pair Networks. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
16. ADDITIONAL TERMS WHERE CUSTOMER OPTS USE OF WEEBLY’S CLOUD PLATFORM SERVICES PROVIDED BY WEEBLY, INC., A DELAWARE BUSINESS CORPORATION (WEEBLY)
a. Customer shall comply with Weebly’s End User Agreements:
b. Customer waives any claims against Weebly for any harm or financial damages whether direct, indirect, incidental or consequential and further agrees that there are no warranties express or implied with respect to Weebly Services, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
c. Customer understands and agrees that pair Networks, Inc., is not the provider of the Weebly Services and shall not be held liable for any claimed defects.
17. ADDITIONAL TERMS WHERE CUSTOMER OPTS USE OF LET’S ENCRYPT SERVICES PROVIDED BY INTERNET SECURITY RESEARCH GROUP, A CALIFORNIA PUBLIC BENEFIT CORPORATION (ISRG)
Customers who elect to use the “Let’s Encrypt” technology developed and offered by the Internet Security Research Group (ISRG) are welcome to do so and We will make the technical adjustments that may entail for Your benefit – but understand this is not a product or service developed by, sold by, or supported by pair Networks. ISRG has its own standard agreement they will require You to accept and You agree not to use Your relationship with pair Networks to violate any terms and conditions of the ISRG agreement.
By placing and continuing to maintain or place information on pair Networks’ servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.