Since Port Eighty’s startup in March of 2004, web sites hosted by Port Eighty have experience no more than 1% average downtime. A track record Port Eighty works hard to maintain and prides itself in.
CANCELLATION OF SERVICES
All hosting accounts have a full money back guarantee, upon cancellation within 30 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to Port Eighty, Inc., by the account holder, less the bandwidth used by that account for the first 30 days of service. Domain registration fees are not refundable. If Port Eighty, Inc. registers a domain name, on the account holder’s behalf, as part of a free registration promotion – the account holder must keep their domain name under Port Eighty, Inc’s current domain name registration services. Cancellation or termination of account holder’s account will void the promotion offer and the account holder will be charged $20 for your domain name registration.
Account holder may cancel your hosting account at anytime. Refunds for accounts cancelled after the first 30 days will be granted less the dollar amount for 1/12 the annual hosting account price multiplied by the number of full month and days the account was active. Any bandwidth overage will be deducted before refund is granted. Port Eighty, Inc. will refund the account holder ONLY for the full months that the account holder has used and prorated for any remaining days.
CURRENT INFORMATION
The account holder are responsible for making sure that Port Eighty, Inc. has the account holder’s current and correct contact information on file. If there is any change the account holder’s billing or contact information please contact Port Eighty, Inc. immediately. Port Eighty, Inc. reserves the right to send announcements and invoices relating to current services provided to the account holder by Port Eighty, Inc. No more than twice a month may Port Eighty, Inc. email the account holder information on promotions or discounts relevant to the account holder’s current services provided by Port Eighty, Inc. Port Eighty, Inc. asks that the account holder does not report these messages as spam to Spamcop or any other similar service. Doing so may be considered grounds for termination of the account holder’s account. Port Eighty, Inc. will NOT give the account holder’s email address or any other contact information to any third party except under the direction of law enforcement officials.
SERVICE OUTAGES
Port Eighty, Inc. will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. Port Eighty, Inc. cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. All account data backups are the account holder's responsibility. Port Eighty, Inc. is NOT responsible for the account holder’s data backup or subsequent loss. Shared hosting accounts should not be used for mission critical web sites or email that requires absolute redundancy.
HOSTING CONTRACTS
The term of an account's contract is based on the type of billing chosen at the time of sign up. The contract's length is equal to the term of service paid for. Monthly billing is on a thirty day contract, Semi-annually is on a six month contract and annually is on a twelve month contract. Upon the completion of the contract Port Eighty, Inc. is in no way required to extend the contract and/or its terms for any period of time.
BILLING
Payment is due by the date stated in the upper right hand side of the issued invoice.
If payment is not received by the due date stated on the invoice, the account holder’s site will be turned off (taken offline) and their account locked pending the payment of the current invoice.
If payment is still not received within fifteen days after the due date the account holder’s account will be deleted with no recourse for retrieving you site/data.
If the account holder sends payment in by postal mail the account holder is still bound to the above due dates. If an account holder has mailed payment and is concerned that it will not make it in time, PLEASE e-mail sales support immediately.
UNSOLICITED E-MAIL (ANTI-SPAM POLICY)
Account holders caught sending unsolicited, as defined by Port Eighty, Inc.*, email or usenet postings, either through Port Eighty, Inc.’s servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Port Eighty, Inc. server and network. Account holder may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for the account holder to do so.
Port Eighty, Inc. reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. Port Eighty, Inc. reserves the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. Port Eighty, Inc. will make available, upon request, the source of the complaints. Port Eighty, Inc. will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. Port Eighty, Inc. STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Although Port Eighty, Inc. has a ZERO TOLERANCE POLICY on unsolicited email/spam, Port Eighty, Inc. is not unreasonable. Since March of 2004, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, Port Eighty, Inc. can and will enforce our Terms of Service.
*Unsolicited is defined, by Port Eighty, Inc. as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a web site or commercial business on our servers.
EXCESSIVE BANDWIDTH USE
If the account holder’s hosting account with Port Eighty, Inc., goes over the bandwidth allowance set for that account, the account holder agrees to pay for all overage charges that are incurred. All of our Cpanel based hosting accounts have bandwidth restrictions set. If the account holder reaches their designated bandwidth limit, their account will automatically suspend until the next month. If the account holder would like this limit removed please contact Port Eighty, Inc.
ACCOUNT TERMINATION
Violation of Port Eighty, Inc.’s anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by Port Eighty, Inc., will be removed from Port Eighty, Inc.’s servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on Port Eighty, Inc.’s servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, Port Eighty, Inc. will (upon request) make a reasonable effort to help get the account un-suspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required).
Third-party installed versions of FormMail are forbidden, due to the security risk they pose. Port Eighty, Inc. has FormMail available, globally, for all accounts on our network. Port Eighty, Inc. does not allow ANY Matt Wright script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of the account holder’s account, on Port Eighty, Inc.’s servers, will be grounds for termination.
In addition, the account holder’s account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
Port Eighty, Inc.’s hosting packages are classified as follow, business hosting and non-profit hosting. Non-profit hosting is categorized strictly for organizations and individuals that run non-profit generating sites. Non-profit hosting MAY take charitable donations. Business hosting is categorized for companies and individuals selling products, services and advertising. The use of Port Eighty, Inc.’s non-profit hosting for any for-profit hosting is prohibited. Any abuse of this policy is grounds for account termination.
Port Eighty, Inc. reserves the right to suspend or terminate any account at any time at their sole discretion.
This Terms of Service may be amended, at any time, at the discretion of Port Eighty, Inc. All account holders are required to comply with any changes made to these policies. Account holders are required to keep a valid and current email address on file with us. If you need your email address on file changed please contact: Support@PortEighty.biz
If the account holder is unsure if what they are doing is against Port Eighty, Inc.’s Terms of Service, contact us. There are no refunds granted for accounts terminated due to Terms of Service violations.
DOMAIN NAME REGISTRATION AND RENEWAL POLICY
Port Eighty, Inc. will make every effort to register, transfer and/or renew the account holder’s requested domain name. This is not a guarantee that the account holder’s requested domain name is available for registration, transfer and/or renewal. Account holder’s domain name may go un-registered, un-transferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. Account holders are responsible for monitoring their own domain expiration date and making sure they renew it before it expires.
Any order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to Port Eighty, Inc., and subsequently not registered, transferred and/or renewed by Port Eighty, Inc., the domain registration fee will be refunded.
By placing an order for domain registration you, the account holder, agree to the Uniform Domain-Name Dispute-Resolution Policy.
LIMITATION OF LIABILITY
Port Eighty, Inc.’s liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Customer/Account holder (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Terms of Service or the provision of any Services (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to Port Eighty, Inc. under this Agreement within one year preceding the date Customer/Account holder contends its claim arose.
In no event shall Port Eighty, Inc. be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Port Eighty, Inc. has been advised of, or is aware of, the possibility of such damages.
