Terms of Service
Any work, purchase or use of our services implies that you have read and accepted our terms and conditions.
All services provided by PUPHOST (“PUPHOST LLC”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by United States or other copyright laws, or laws protecting trademarks, trade secret and other statute. You must not use PUPHOST or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the PUPHOST network. If you use a domain name in connection with PUPHOST or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. The client agrees to indemnify and hold harmless PUPHOST from any claims resulting from the use of service which damages the client or any other party.
PUPHOST is designed to serve the needs of small businesses in a single country. We reserve the right to refuse services that support large enterprises based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Illegal, Unacceptable Content or Links
Prohibited are sites that promote any illegal activity or present content that may be damaging to PUPHOST’s servers, or any other server on the Internet. Links to such materials are also prohibited.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ILLEGAL ACTIVITY INCLUDE, BUT ARE NOT LIMITED TO ILLEGAL MP3 FILES, ILLEGAL CONTENT, BULK EMAILING, UNSOLICITED EMAILING, NEWSGROUP SPAMMING, PORNOGRAPHIC CONTENT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PIRATED SOFTWARE, WAREZ PROGRAMS, WAREZ SITES (INCLUDING LINKS TO/FROM), CRACKS, SOFTWARE SERIAL NUMBERS, HACKER PROGRAMS, PROXY-RELAYING, LINK FARMING (THE ACT OF OR BY USE OF SCRIPTS), LINK GRINDING, LINK-ONLY SITES, SPAMDEXING, FFA (FREE-FOR-ALL) AND/OR ANYTHING ELSE DETERMINED BY PUPHOST TO BE UNACCEPTABLE USE OF OUR SERVICES INCLUDING ABUSE OF SERVER RESOURCES. ADDITIONALLY, PUPHOST WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
By the Account Activation Date of each month, PUPHOST shall either:
- debit the client’s credit card (when such information has been provided by the client); or
- deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to PUPHOST by no later than the specified payment due date. PUPHOST shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. Client will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 72 hours. If we do not receive a response within 72 hours, the account, and all accounts under that account plan, will be suspended.
- charge a 10% late fee of the total amount on a client’s invoice every week (7 days).
- terminate the client’s account if payments are not received within 30 days from the due date.
All payments are in U.S. currency. PUPHOST will bill each client $25.00 per returned check, per wire transfer received and per credit card chargeback received. All PUPHOST accounts are setup on anniversary billing cycles (first of each month) or one-time fee. Your particular billing cycle corresponds to the contract length that was initially chosen at setup and will be prorated when the service begin. Your account will automatically renew at this length.
All accounts are set up on a pre-pay basis. Certain services carry a setup fee charged by PUPHOST to client, which must be paid by client in order to begin the service. PUPHOST reserves the right to change prices at any time, unless other terms have been agreed upon. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to PUPHOST and agrees to pay any and all fees incurred by client. You are responsible for all fees owed on the account from the time it was established to the time that you notify PUPHOST to request for termination of services. Because some services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & Refund Policy
We offer a 14 day money back guarantee on our hosting plans. All services, excluding Hosting are non-refundable. All of PUPHOST’s hosting plans are backed by a 14 day money back guarantee. If you are not completely satisfied with our hosting services within the first 14 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.
PUPHOST reserves the right to cancel a service at any time. We DO NOT refund partial monthly fees to accounts. The Client acknowledges that initial payment of the commencement deposit shall be non-refundable and shall be in consideration of the initial administrative actions taken by PUPHOST.
Promotional Rates & Special Offers
PUPHOST may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
By activating your account with PUPHOST, you agree to our policies and disclaimers. Upon the activation of an account, you are required to accept these policies, guidelines and disclaimer. If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Any account deactivated due to non-payment will require a reactivation fee of $25.00 prior to reactivation.
All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Third Party Applications
PUPHOST may use third party applications and services to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that PUPHOST will not be responsible or liable for the behavior, features, or content of any Third Party Application.
Technical Support Boundaries
PUPHOST provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our products, servers within our immediate responsibility and any other related issues of our services. However, in under no circumstances is PUPHOST neither obligated to help you in the installations of new application modules, templates, web designs, graphic designs and/or programming languages, nor in providing assistance for any errors produced that have been modified by the Author or by you. We will only provide assistance in making sure any applications are installed as directed.
Email will be the main method of contact with regard to all communication for all PUPHOST services. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. PUPHOST cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. PUPHOST will acknowledge all emails within 72 working days. If a client’s conduct via telephone is considered unreasonable we will insist on email communication only. PUPHOST reserve the right to cancel a contract should client contact be in breach of our anti-harassment policy (*). Calls made to our office are monitored and recorded.
It is important for the Client to keep in contact with PUPOST throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 3 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit and/or service fees will not be refunded. We will levy a $25 admin charge if the client later returns and wishes to continue work on their project.
(*) PUPHOST will not tolerate any form of harassment against its employees from clients or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via postal mail only.
Limitation of Liability
PUPHOST cannot be held responsible for anything adversely affecting the Client’s business operation, sales, and profitability that might be claimed is a result of a service offered by PUPHOST. PUPHOST shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from system down time, crashes, data loss, delays, service interruptions, non-deliveries, wrong delivery and/or any damages your business may suffer. PUPHOST accepts no liability for loss of service, unavailability of files, damage of data, misuse of equipment by other clients, failure of any externally managed equipment or communications devices or other services deemed to be beyond the Company’s control. Furthermore, PUPHOST makes no warranties of any kind, expressed or implied for services we provide. PUPHOST disclaims any warranty or merchantability or fitness for a particular purpose. PUPHOST cannot be held liable for any predicated estimate of profits which a client would have gained if their product was functioning. If there is any kind of delay from client side after the commencement of the project then PUPHOST will not be held responsible and will not be liable to complete the project on time. Certain services provided by PUPHOST are resold and you agree to abide by their terms and conditions. Thus, certain equipment, routing, software and programming used by PUPHOST are not directly owned or written by PUPHOST. Moreover, PUPHOST holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account. We reserve the right to remove any account, without advance notice for any reason without restitution, as PUPHOST sees fit.
PUPHOST is not liable for misuse of images and contents by the Client or any other person’s copying, altering or distributing the images and contents to individuals or other organizations.
PUPHOST will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of PUPHOST is purely an estimate. If there is any kind of delay from client side after the commencement of the project then PUPHOST will not be held responsible and will not be liable to complete the project on time.
Client will grant PUPHOST complete access to all the project that need changes for the specific projects, including all write permissions necessary for the work. PUPHOST agrees that any knowledge gained as a result of this relationship shall remain confidential. PUPHOST further agrees that all of the Client’s materials accessed during the project or website maintenance, including but not limited to logos, written materials, and products that were created by other than PUPHOST, belong solely to the Client. PUPHOST has no rights to these items in any way.
PUPHOST will maintain ownership of the specific designs, including texts, graphics and photos, that he/she/it creates for the Client. PUPHOST reserves the right to use client websites, web design, graphic designs, layouts, wireframes and collateral in advertising and/or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives, and advertising campaign until otherwise specifically instructed by the client to not use it.
Disk Space and Traffic Usage
All account plans come with a predetermined amount of disk space and traffic allowance. We monitor all accounts and bill $1.00 for each gig exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
Clients may not use the PUPHOST network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PUPHOST will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
PUPHOST is a shared web hosting service, which means that a number of clients’ web sites and other email or storage services are hosted from the same server. PUPHOST uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other clients’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files. Any attempt to undermine or cause harm to a server or client of PUPHOST is strictly prohibited. As our client, you are responsible for all your accounts.
Domain Name Registration
You agree to pay PUPHOST prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the PUPHOST price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from PUPHOST to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by PUPHOST) in connection with the payments of the registration fee for your domain name registration, you agrees and acknowledges that the domain name registration shall be transferred to PUPHOST as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. PUPHOST will reinstate your domain name registration solely at PUPHOST discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer Domain Registrar To PUPHOST
You agree to pay PUPHOST prior to the effectiveness of the desired domain name transfer request. You agree and acknowledge that the domain name transfer might fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first
- 60 days of initial registration or during the first 60 days after a registrar transfer
Transfer Domain Registrar Away From PUPHOST
You agree and acknowledge that the failure or success of a domain name transfer will be the client’s sole responsibility, and PUPHOST will not be held liable for the failure of a domain name transfer for any reason. PUPHOST reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential. You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing on your site or on your products, including without limitation:
- the accuracy and appropriateness of content and materials appearing within the store or related to your products,
- ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
- ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any client orders, and for handling any client inquiries or complaints arising there from.
Static & Dynamic Content Caching
You expressly (1) grant to PUPHOST a license to cache the entirety of your website, including content supplied by third parties, hosted by PUPHOST under this Agreement and (2) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Server Uptime Guarantee
PUPHOST guarantees 99% service (http, https, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given year, your account will be refunded a pro-rated amount for the duration of excessive downtime.
PUPHOST website maintenance services constitute changes to the current website, its existing web pages using the current web site theme, and any additional services PUPHOST offers. Maintenance changing needs may include minor (referred as “Service Requests”) or major (referred as “Maintenance”) changes to the website. Minor changes are changes that takes 10 minutes or less. Major changes are changes that takes 10 minutes or more. Major changes that affect the entire website will require a new project agreement (sales order). Specific maintenance services of a website may be found at PUPHOST’S Web Maintenance page. There are three kinds of maintenance:
- Maintenance after web site installation;
- Maintenance due to changing needs;
- Maintenance due to recurring needs
Requesting Changes or Modification of Web Pages
Information and text contained within the web pages shall be authored by the Client and submitted to PUPHOST in final format. If the information and text submitted is not in final format and contains spelling, grammatical errors etc., PUPHOST may charge the Client for additional time needed to correct the errors that should have been corrected before submission. PUPHOST may make recommendations regarding the content of the web pages, however, the Client shall make the final decision and approve the content of the web pages.
Search Engine Optimization
Prior conditions, the Client understands that the conditions below may affect Search Engine Optimization:
- The client has no duplicate sites, duplicate content or pages, redirects or doorway pages.
- The client has not requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google.
- It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign.
If the client makes any changes to the optimized pages created by PUPHOST, or does not implement the changes advised by us, any guarantee placed will become void immediately. PUPHOST follows a strictly ethical SEO policy and may make void any guarantee should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as,
- Makes use of hidden links
- Links to link-farms, FFA link pages, etc.
- Uses page redirect or cloaking techniques
- Submits the web pages of the site to the search engines, search directories or other websites without the consent of PUPHOST
- Uses automated web site submission software or websites
- Uses automated reciprocal link programs
PUPHOST has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Our site uses order forms for clients to request services. We collect sensitive information which is used only for our purposes. This includes, but is not limited to:
- Contact information from the order forms is used to get in touch with the client when necessary.
- Billing information that is collected is used to bill the user for services.
- Unique identifiers are collected from Web site visitors to verify the user’s identity.
- Demographic and profile data is also collected at our site.
- We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use SSL encryption to ensure your privacy.
Information collected on this site is strictly for our use. No other outside persons may view your personal information such as billing information.
Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, PUPHOST offers its client and their clients and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. PUPHOST respects that the Internet provides free and open discussions and dissemination of information. In order to protect PUPHOST and its clients and users, PUPHOST has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each client’s respective service agreement, and is intended as a guide to the client’s rights and obligations when using PUPHOST’s services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one owns or controls it. When clients obtain information through the Internet, they must keep in mind that PUPHOST cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be offensive. Because PUPHOST cannot monitor or censor the Internet, and will not attempt to do so, PUPHOST cannot accept any responsibility for injury to its clients resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When clients disseminate information from the Internet, they must keep in mind that PUPHOST does not review, edit, censor or take responsibility for any information its clients may create. When the information created is carried over PUPHOST’s network and may reach a large number of people, it may affect other clients and may affect PUPHOST’s goodwill, business, reputation or operations. For these reasons, if clients violate PUPHOST’s policy and Service Agreement when they, their clients, affiliates or subsidiaries engage in activities, whether lawful or unlawful, that PUPHOST determines to be harmful to its clients, operations, reputation, goodwill or client relations, PUPHOST may take any actions to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by PUPHOST.
PUPHOST may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. PUPHOST may disclose client information or information transmitted over its network where necessary to protect PUPHOST and others from harm, or where such disclosure is necessary to the proper operation of the system. However, PUPHOST will never sell information to other services or outside companies.
PUPHOST expects that its clients who provide services to others will comply fully with all applicable laws concerning the privacy of online communications. Finally, PUPHOST wishes to emphasize that, by servicing with PUPHOST, you are agreeing to PUPHOST’s Service Agreement. Clients indemnify PUPHOST for any violation of the Service Agreement, law or PUPHOST policy resulting in loss to PUPHOST or the bringing of any claim against PUPHOST by any third party. This means that, if PUPHOST is sued because of a subscriber’s or client of a subscriber’s activity, the client will be responsible for payment of any damages awarded against PUPHOST, plus costs and reasonable attorney’s fees. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. PUPHOST has the right to discontinue service, or deny access to anyone who violates our policies or the terms of services WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined.