Terms of Service
POE Hosting.com, owned by poe web services, inc ('The Company') agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).
Use of POE Hosting Service constitutes acceptance and agreement to POE Hosting's Acceptable Use Policy (AUP) as well as POE Hosting's TOS.
All provisions of this contract are subject to the TOS of POE Hosting and AUP. The AUP may be changed from time to time at the discretion of the Company, with no advance warning or notification. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the Commonwealth of Pennsylvania, county of Allegheny applicable to contracts enforceable in that state. Venue will be Pittsburgh, Pennsylvania.
I. Disclosure to Law Enforcement
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 POE Hosting shall have the right to terminate all service set forth in this Agreement.
II. 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.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month/year's service. We will attempt to autobill on your renewal date. If billing fails for any reason, we will email the address provided at sign up, with a link to correct the issue. All accounts and services provided by POE Hosting are subject to any tax rate applied by the County of Allegheny, Commonwealth of Pennsylvania or Federal Government. Currently we provide a service and the service is not taxable.
IV. Payments and Fees
Payments that are declined for any reason are subject to a $10.00 declination fee. Service may be interrupted on accounts that reach 1 day past due. Service interrupted for nonpayment may be subject to a $20 reconnect charge. Accounts not paid by due date may also be subject to a $5.00 late fee. Accounts that are not collectable by POE Hosting 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 $50. If you desire to cancel your account, please follow the proper procedure to do so as outlined in this TOS.
V. Refund and Disputes
All payments to POE Hosting are nonrefundable after 5 days. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
POE expects our customers to follow our refund policy instead of issuing a chargeback or opening a dispute, and chargebacks/disputes are always considered to be fraud. Fraudulent chargebacks may be turned over to a law enforcement.
Since fraudulent purchases are often associated with malware and phishing, immediate termination of all services related to the chargeback is required to prevent possible damage. When POE Hosting receives a chargeback notice, the account referenced therein is immediately blocked.
A customer must reverse the chargeback in order to restore a blocked account..
VI. 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.
VII. Account Cancellation
All requests to cancel accounts must be
made by postal mail or email with at least 30 days -- but not more than 60 days -- notice and sent to:
POE Hosting Attn: Cancellations
POE Web Services
PO Box 41096
Pittsburgh, PA 15202
or you may email email@example.com. You must have all account information to cancel.
If you wish to cancel IMMEDIATELY, email firstname.lastname@example.org. You again must have all account information to cancel. We also require that you email us from the email address on file for the account.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
VIII. New Domain Accounts
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to the nature of DNS propagation, however, this process may sometimes require up to 7 business days.
IX. Transfer of Domains
New web hosting accounts which involve the transfer of a domain from another provider to POE Hosting will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by POE Hosting on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
X. Support Boundaries
POE Hosting provides 24 hr response time technical support to our subscribers (except for a few holidays and announced periods.) We limit our technical support to our area of expertise. The following are our guidelines when providing support:
POE Hosting provides support related to your server's or virtual site's physical functionality. POE Hosting does not offer tech support for application-specific issues such as cgi programming, html or any other such issue. Regardless of mode of installation, all user-space web applications are the responsibility of the user to maintain. This includes all security updates, etc. If you can, we encourage you to email email@example.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://https://www.poehosting.com/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support. If you do have questions on php, mysql etc, you may use the firstname.lastname@example.org address for questions and problems; we will help if we can, but cannot guarantee support.
XI. SPAM and Unsolicited Commercial Email (UCE)
POE Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network or for sites hosted on our network. Very simply this means that customers of POE Hosting may not use or permit others to use our network to transact in UCE. Customers of POE Hosting 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.
- Violation of POE Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, POE Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, POE Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, POE Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, POE Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. POE Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
- 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 POE Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the POE Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients or users with access to their systems.
- Open relays are not allowed on POE Hosting's network. Your mail server must be secure and only accessible by you or your logged in users.
- New customers who are registering a new domain will not have their smtp servers activated until their domain name is activated.
- IP Address Ownership: If POE Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to POE Hosting or our suppliers, and Customer shall have no right to use that Internet Protocol address except as permitted by POE Hosting in its sole discretion in connection with the Services, during the term of this Agreement. POE Hosting or its suppliers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by POE Hosting, and POE Hosting 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 and our suppliers interpretation of those rules. 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.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes per month for the Services ordered by Customer on the Order Form (the 'Agreed Usage'). POE Hosting will monitor Customer's bandwidth and disk usage. POE Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. Which actions may be taken are in POE Hosting's sole and absolute discretion. If POE Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Please monitor your usage and inform us prior to going over. We reserve the right to waive any overage charges as we understand sites will occasionally have surges in traffic. If there is any waiving of any fees, it is a one time dismissal and should not be construed as a new contract or a promise of dismissal for any future fees.
System and Network Security:
Users are prohibited from violating or
attempting to violate the security of the POE Hosting Network or our suppliers' network.
Violations of system or network security may result in civil or criminal liability.
POE Hosting 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:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mail bombing' or 'crashing'.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
XIII. Notification of Violation
- POE Hosting 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.
- First Violation: Any User, which POE Hosting determines to have violated any element of the AUP, shall receive an email warning them of the violation. The service may be subject at POE Hosting's discretion to a temporary suspension pending a User's agreement in writing to refrain from any further violations.
- Second Violation: Users that POE Hosting determines to have committed a second violation of any element of the AUP shall be subject to immediate suspension or termination of service without further notice.
- 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 network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
XIV. Suspension of Service or Cancellation
POE Hosting reserves the right to suspend network access to any customer if in the judgment of the POE Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which POE Hosting deems appropriate. 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.
POE Hosting wishes to emphasize that in agreeing to the POE Hosting AUP and TOS, customer indemnifies POE Hosting for any violation of the AUP and TOS that results in loss to POE Hosting or the bringing of any claim against POE Hosting by any third-party. This means that if POE Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against POE Hosting, plus all costs and attorney's fees.
XVI. DMCA and Copyright
It is the policy of POE Hosting to respond expeditiously to claims of intellectual property infringement. POE Hosting will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, POE Hosting will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. POE Hosting will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Registered Copyright Agent
POE Web Services
PO Box 41096
Pittsburgh, PA 15202
Email Address: email@example.com
Please put "Notice of Infringement" in the subject line of all such notifications. When POE Hosting removes or disables access to any material claimed to be infringing, POE Hosting may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although POE Hosting makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. POE Hosting will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before POE Hosting replaces or restores access to any material as a result of any counter notification.
XVII. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
- 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.
- 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.
- POE Hosting takes no responsibility for any material input by others and not posted to the POE Hosting Network by POE Hosting. POE Hosting is not responsible for the content of any other websites linked to the POE Hosting Network; links are provided as Internet navigation tools only. POE Hosting 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.
- POE Hosting is not responsible for any damages your business may suffer. POE Hosting does not make implied or written warranties for any of our services. POE Hosting 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 POE Hosting.
- It is absolutely forbidden to host pornographic content or IRC processes of any kind. Accounts found hosting this material will be subject to immediate cancellation without refund.
XVIII. Responsibility for Content
You, as POE Hosting's customer, are solely responsible for the content stored on and served by your POE Hosting server space.
For any questions or comments on these terms, please email firstname.lastname@example.org.