Hosting Terms

THIS AGREEMENT BETWEEN Plastic Frog (Hosting Server) t/a J75 Limited and you where “you” is referred to as (“Account Holders” “Users”, “members”, “Customers”, or “Subscribers”) WHEREAS Plastic Frog (Hosting Server) agrees to furnish IT – internet based services associated with web sites, web hosting, and domain registration to the User. Use of Plastic Frog (Hosting Server) Service constitutes acceptance and agreement to Plastic Frog (Hosting Server) policies are subject to the terms above and as follows:

Content:

At Plastic Frog (Hosting Server) , we strongly prohibit the use of any our service for any illegal activities. Although we are a global web hosting service provider, all our subscribers must be in accordance with local laws. Ultimately you, the customer, are solely responsible for the content stored on your Plastic Frog (Hosting Server) account. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to: 1. Any copyright, patent, trademark, or other intellectual property right. 2. Child Pornography 3. Hate content 4. Threatening, racial, or otherwise abusive content. 5. Any and all content inciting, instructing, or promoting illegal activities. 6. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent. 7. Hacking/cracking, warez, cracks, spam software or any material that contains a virus or any other harmful code. 8. Abuse towards our staff or other clients on our network is not tolerated. Your account and all associated will be suspended pending termination after review.  Slander about Plastic Frog (Hosting Server) over the internet is grounds for account termination.  9. The term Un Metered / Unlimited applies to files that are needed to host your website and or business. This means we will not monitor and put a number on the amount you use. Use of our servers prohibits the storage of home computer files / mp3,4 / Mass storage of software / movies / your account can host files pertaining to your website and or clients. 10. Seeding torrents / Bit Torrents are not allowed 11. If your account is hosted on our shared server and not a vps or dedicated server, you are subject to a 10% server use policy. No one account can maintain server cpu usage that last longer than 3 Minutes that exceeds 10% of the server available power. 12. Master Resellers and Resellers are to provide tier 1 support to their clients. We will not directly support your clients. You may open a support ticket and a support staff will be glad to assist if you can not provide the support needed. 13.  Shout cast or streaming media is prohibited. 14. Hosting videos, or mp3s on the server is strictly prohibited.

Our unlimited / un-metered accounts are not permitted to run or sell proxy’s. This includes Master resellers and resellers.  We have separate reseller and hosting for proxy accounts. You most buy a proxy plan to host proxy’s. Offering free hosting sites are strictly prohibited.

Payment:

Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month’s service. Payments and Fees: Accounts that reach 1 day past due will be suspended and are subject to a late fee. Accounts that are not collectible by Plastic Frog (Hosting Server) may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Dedicated servers cancellation must be done 15 days before due date, or you will be responsible for the invoice that comes due.

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.

Master reseller, reseller  accounts that fall into the above non payment TOS are subject to Plastic Frog (Hosting Server) taken on and providing your left over resellers and hosting accounts with service with Plastic Frog (Hosting Server) . Upon no contact from you after 14 days of your account being suspended for non payment and NO contact from you to Plastic Frog (Hosting Server) sales. We will email your existing clients and allow them to stay on our server’s and transfer their billing to Plastic Frog (Hosting Server). This again is after 14 days of neglect to contact us and 14 days of non payment.

Account Cancellation:

Requests for cancelling accounts may be made  through the cPanel system. Preferred method of cancellation is via the cPanel of your Plastic Frog (Hosting Server) account. Please log into the cPanel and you can request to have your account cancelled.

Disclosure to Law Enforcement:

At Plastic Frog (Hosting Server) , we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal 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 Plastic Frog (Hosting Server) shall have the right to terminate all service set forth in this Agreement.

Support Boundaries:

Plastic Frog (Hosting Server) , provides 24 x 7 x 365 technical support to our subscribers and our staff is limited to our area of expertise. The following are our guidelines when providing support:    * Plastic Frog (Hosting Server) does not offer tech support for application specific issues such as cgi programming, html or any other such issue.    * Plastic Frog (Hosting Server) does not provide technical support for YOUR customers. If you can email, we encourage you to email support@Plastic Frog (Hosting Server)  for assistance. SPAM and Unsolicited Commercial Email (UCE): Plastic Frog (Hosting Server)  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 Plastic Frog (Hosting Server)  may not use or permit others to use our network to transact in UCE. Customers of IwhiC.Com 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 Plastic Frog (Hosting Server)  SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Plastic Frog (Hosting Server)  will initiate an immediate investigation (within 48 hours of notification). During the investigation, Plastic Frog (Hosting Server)  may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Plastic Frog (Hosting Server)  may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Plastic Frog (Hosting Server)  reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Plastic Frog (Hosting Server)  will notify law enforcement officials if the violation is believed to be a criminal offence. As our Customers are ultimately responsible for the actions of their clients over the Plastic Frog (Hosting Server)  network, it is advisable that customers develop a similar, or stricter, policy for their clients. Network

Bandwidth and Disk Usage:

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Plastic Frog (Hosting Server)  will monitor Customer’s bandwidth and disk usage. Plastic Frog (Hosting Server)  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 is in Plastic Frog (Hosting Server)  sole and absolute discretion. If Plastic Frog (Hosting Server)  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. In the event that a customer exceeds the included allocation, Plastic Frog (Hosting Server)  may, at its sole discretion, collect a deposit, in an amount determined by Plastic Frog (Hosting Server) , against customer’s credit card on file with Plastic Frog (Hosting Server).

System and Network Security:

Users are prohibited from violating or attempting to violate the security of the Plastic Frog (Hosting Server)  Network. Violations of system or network security may result in civil or criminal liability. Plastic Frog (Hosting Server)  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.

Notification of Violation:

Plastic Frog (Hosting Server)  is under no duty to look at each customer’s or user’s activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities. Plastic Frog (Hosting Server)  reserves the right to suspend any account in violation with out warning or notification.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. Plastic Frog (Hosting Server)  takes no responsibility for any material input by others and not posted to the Plastic Frog (Hosting Server)  Network by Plastic Frog (Hosting Server). Plastic Frog (Hosting Server)  is not responsible for the content of any other web sites linked to the Plastic Frog (Hosting Server) Network; links are provided as Internet navigation tools only. Plastic Frog (Hosting Server)  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. Plastic Frog (Hosting Server)  is not responsible for any damages your business may suffer. Plastic Frog (Hosting Server)  does not make implied or written warranties for any of our services. Plastic Frog (Hosting Server)  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 Plastic Frog (Hosting Server) . It is absolutely forbidden to IRC servers on. Accounts found hosting this material will be subject to immediate cancellation without refund.

REFUNDS AND GUARANTEES

Money back guarantee on all our web hosting plans and packages: To prove to you how confident we are in our services, we will offer you a 15 day money back guarantee on web hosting plans and packages. Proxy hosting is subject to a 15 day prorated refund on the amount not used. Domain name registration and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 15 days from the l order date of your account we will refund you all your money (excluding any setup fees). Refunds may take up to two weeks to process. Please note: Plastic Frog (Hosting Server) will not issue refunds to users who have their account terminated by Plastic Frog (Hosting Server) , for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees. 99% uptime guarantee: If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.10% in any month, you can request a 5% discount for your following month’s services. For clients paying yearly, the equivalent to 5% of a monthly payment will be deducted off the next payment. Responsibility for Content: You, as Plastic Frog (Hosting Server)  customer, are solely responsible for the content stored on and served by your Plastic Frog (Hosting Server)  server. You are responsible to monitor your clients sites, and their conduct and activity. All provisions of this contract are subject to the TOS (Terms of Service) of Plastic Frog (Hosting Server)  and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. Charge backs, and paypal disputes will be a automatic account cancellation. (regardless of the out come) Even though Plastic Frog (Hosting Server)  does server back ups.  It is your responsibility to have complete back ups of yours and your clients accounts. Plastic Frog (Hosting Server)  reserves the right to change or modify, the tos at any time. Plastic Frog (Hosting Server)  has the right to suspend or terminate (at our discretion) any accounts that violate the Terms of Service.