PlasmaHosting.Net Terms of Service PlasmaHosting.Net ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of PlasmaHosting.Net Service constitutes acceptance and agreement to PlasmaHosting.Net's AUP as well as PlasmaHosting.Net's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of PlasmaHosting.Net and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. The subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. 1. Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition PlasmaHosting.Net shall have the right to terminate all service set forth in this Agreement. 2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. 3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. The first payment that is made will be prorated automaticly for the remainder of one month's service PLuS one additional month. Subsequent payments are due on the 1st of every month for that month's service. (For Example: If a $4.99 plan was started on March 15th, the subscriber would pay 2.49(prorated for March) plus 4.99(payment for april) and subsequent payments will be do on the first of every month starting on MAY 1st) Subscriber agrees that The Company will automatically send invoices before the payment due date and also aggree that it is their responsibility to follow instructions in this invoice to send payment in a manner which allows it to be recieved by the company on or before the due date. 4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a $15.00 reactivation charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by PlasmaHosting.Net may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please email sales@plasmahosting.net and do NOT simply stop sending payment. 5. Refund and Disputes: All payments to PlasmaHosting.Net are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred to billing@plasmahosting.net. If you dispute a charge to your credit card issuer that, in PlasmaHosting.Net's sole discretion is a valid charge under the provisions of the TOS and / or AUP, you agree to pay PlasmaHosting.Net an "Administrative Fee" of not less than $50 and not more than $150. 6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 7. Account Cancellation: All requests for canceling accounts must be made via email to sales@plasmahosting.net at least 7 days before the start of any billing cycle (1st of the month). You must have all account information to cancel. 8. Accountability Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury. 9. Invoicing The Company does send out invoices automatically 7 days prior to payment being due. Invoices will be emailed automaticly to the subscriber at the emial address that they provided during sigunp. If a subscriber needs to change their email address for any reason they may do so by emailing sales@plasmahosting.net or updating their account information at http://plasmahosting.net/login 10. Support Boundaries PlasmaHosting.Net provides technical support for its' clients, however do to the nature of service provided, it is impossible to respond to all support queries immediately. PlasmaHosting.Net's support team will do their best to answer any support email within 1 hour of it being sent. For faster response times we encourage existing clients to login to http://plasmahosting.net/login and use the support desk to submit a ticket to the approiate department. 11. SPAM and Unsolicited Commercial Email (UCE) PlasmaHosting.Net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of PlasmaHosting.Net may not use or permit others to use our servers to transact in UCE. Customers of PlasmaHosting.Net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. a. Violation of PlasmaHosting.Net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PlasmaHosting.Net will initiate an immediate investigation (within 48 hours of notification). During the investigation, PlasmaHosting.Net may restrict customer access to the account to prevent further violations. If a customer is found to be in violation of our SPAM policy, PlasmaHosting.Net may, at its sole discretion, restrict, suspend or terminate the customer's account. Further, PlasmaHosting.Net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PlasmaHosting.Net will notify law enforcement officials if the violation is believed to be a criminal offense. b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that PlasmaHosting.Net personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. c. As our reseller customers are ultimately responsible for the actions of their clients over the PlasmaHosting.Net servers, it is advisable that they develop a similar, or stricter, policy for their resold clients. d. Anyone hosting websites or services on their account which support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our server. The account will not be reactivated until such time that thay agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access their account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of their account from our servers without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice. 12. Network a. IP Address Ownership: If PlasmaHosting.Net assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to PlasmaHosting.Net, and Customer shall have no right to use that Internet Protocol address except as permitted by PlasmaHosting.Net in its sole discretion in connection with the Services, during the term of this Agreement. PlasmaHosting.Net shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by PlasmaHosting.Net, and PlasmaHosting.Net reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client. b. Bandwidth Usage. PlasmaHosting.Net will monitor Customer's bandwidth. PlasmaHosting.Net shall have the right to take corrective action if Customer's usage negatively impacts other clients. c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the PlasmaHosting.Net's servers or Network. Violations of system or network security may result in civil or criminal liability. PlasmaHosting.Net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. v. Taking any action in order to obtain services to which such User is not entitled. 13. Notification of Violation: a. PlasmaHosting.Net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. However, this dows not mean that we will not monitor such activity. b. First violation: Any User, which PlasmaHosting.Net determines to have violated any element of the Acceptable Use Policy or Terms of Service shall receive an email, warning them of the violation. The service may be subject at PlasmaHosting.Net's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. c. Second Violation: Users that PlasmaHosting.Net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or a customer's network, or if denial of service attacks are originating from your account, this may occur. In certain rare cases, we may have to null route IP addresses before attempting to contact you. If this occurs, we will contact you as soon as it is feasible. 14. Suspension of Service or Cancellation PlasmaHosting.Net reserves the right to suspend network access to any customer if it is in the judgment of the PlasmaHosting.Net network administrators that the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which PlasmaHosting.Net chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. . 15. Change of Service Agreements PlasmaHosting.Net reserves the right to amend its policies at any time. All resellers and customers of PlasmaHosting.Net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. The reseller will be held responsible for the actions of your clients in the matter described on these Terms and Conditions. Therefore, it is in the reseller's best interest to implement a similar or stricter Terms and Conditions or otherwise called Acceptable Terms of use policy with their customers. 16. Indemnification PlasmaHosting.Net wishes to emphasize that in agreeing to the PlasmaHosting.Net Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies PlasmaHosting.Net for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to PlasmaHosting.Net or the bringing of any claim against PlasmaHosting.Net by any third-party. This means that if PlasmaHosting.Net is sued because of a customer's or a customer of a reseller's activity, the customer will pay any damages awarded against PlasmaHosting.Net, plus all costs and attorney's fees. 17. Miscellaneous Provisions The customer must provide PlasmaHosting.Net with, and keep current, valid contact information. E-mail, fax, and telephone contacts are used, in that order of preference. a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. c. PlasmaHosting.Net takes no responsibility for any material input by others and not posted to the PlasmaHosting.Net Network by PlasmaHosting.Net. PlasmaHosting.Net is not responsible for the content of any other websites linked to the PlasmaHosting.Net Network; links are provided as Internet navigation tools only. PlasmaHosting.Net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. d. PlasmaHosting.Net is not responsible for any damages your business may suffer. PlasmaHosting.Net does not make implied or written warranties for any of our services. PlasmaHosting.Net denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PlasmaHosting.Net. 18. Responsibility for Content: You, as PlasmaHosting.Net's customer, are solely responsible for the content stored on and served by your PlasmaHosting.Net account.