Terms Of Service
Terms of Service
The Terms of Service below apply to PapuHost related hosting services.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using PapuHost. You will not engage in any activity that interferes with or disrupts PapuHos's services or networks connected to PapuHost
Invoicing and Payment
You agree that PapuHost shall be permitted to charge you on a monthly or annual for providing services. Payment is due by the date specified on the invoice, service may be interrupted on accounts that are still outstanding one full month, unless other arrangements are made. Accounts that are not collectable by PapuHost may be turned over to an outside collection agency for collection. The account holder will be liable for all collection costs in this instance.
You are aware that PapuHost may prospectively change the specified rates and charges from time to time.
PapuHost is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by PapuHost. Currency exchange settlements will be based on agreements between you and your bank or credit card provider.
Attempts to circumvent our refund policy via filing un-authorized charges with your credit card company or paypal account will result in a law suit, a permanent ban from our site, the inmediate suspension of your service, and could also cause a police investigation.
You accept that we can affect your purchase/service in anyway(Permanent or temporary service removals, modifications, etc) without refund. By buying anything here, you agree that we have full control over your service. These events will rarely happen where a purchase or service will be terminated or confiscated, but is within the realm of possibility if deemed necessary by a company staff.
If the company is ever to shut down, all purchased items will be void
Before purchasing any service, you must enter information about yourself(Address, Name, Email, etc). You agree that this information is accurate and up to date
We do not assume any liability for our goods being sold by third party users
We reserve the right to change, with or without notice, any pricing, benefits, rewards, contact, etc. of any items or services. The benefits may change at any time without notice.
You agree to indemnify the owner, staff, hosts, officers, directors, partners, and all other parties related to the server staff. By agreeing to these terms, you agree not to present any lawsuit or other legal challenge against the server staff, whether related to your purchase or not.
Refund Policy: Since The service you are purchasing for are Digital Intangible Items. There is a strict no refund policy. Since you can not replace the time it took to assign you your item, and/or give back the items you received No refunds will be granted. Also we don't give refunds for problems with the service if you (the customer) has not contacted us in order to get help to solve the issues.
Account and Service Cancellation or Suspension
PapuHost reserves the right to suspend network access to any customer if, in the judgment of the PapuHost network administrators, the customer's service is the source or target of a violation of any of the other terms of service or for any other reason which PapuHost chooses. PapuHost reserves the right to terminate service without notice for continued and repeated violations of the terms of service. 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 website(s) or email(s) were suspended.
If at any time it becomes necessary for PapuHost to cancel a customer's service without cause, PapuHost will provide 7 days advance notice.
Filling fraudulent cases with your credit card company or paypal account, will resunt in a suspension of your service until the case gets closed, if we loss the case, your sevice will be terminated permanently.
You may cancel the service at any time sending an email to [email protected]. Cancellation of service does not relieve customer of responsibility for the payment of all accrued charges. If you request to cancel your service, no refunds will be given.
The customer is responsible for keeping a complete and current copy of their hosted files as a backup on a remote system (not solely on PapuHost servers).
PapuHost is not responsible for any lost files, information or data.
PapuHost makes regular internal backups of internal system configurations and databases. These backups are not intended for keeping backups of customer services.
Although PapuHost backups may include customer sites and information for disaster recovery purposes, these backups are not to be relied on by the customer. PapuHost does not guarantee to possess the most current copy of a subscriber's hosted files in its own backups, however, if a customer is to require part of their hosted files restored from a previous backup, this will be charged at $15.
All our Services are subject to this fair use clause. We may apply this fair use clause where in our reasonable opinion your use of our Services is excessive and/or unreasonable as detailed below.
We have developed this fair use clause by reference to average customer profiles and estimated customer use of our Services.
If your use of our services materially exceeds estimated use patterns over any month, then your use will be excessive and/or unreasonable.
If your use is excessive and/or unreasonable PapuHost may contact you to advise you that your use is in breach of this fair use clause.
We may then request that you stop or alter your use to come within our fair use clause.
If you’re excessive or unreasonable use continues after receipt of a request to stop or alter the nature of such use, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use of our services.
Limitation of Liability
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of PapuHost and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that PapuHost shall not be liable for any damages arising from such causes beyond the direct and exclusive control of PapuHost. Customer further acknowledges that PapuHost liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall PapuHost be liable for any special or consequential damages, loss or injury. PapuHost is not responsible for any damages your business may suffer. PapuHost does not make implied or written warranties for any of our services. PapuHost 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 PapuHost.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that PapuHost may disclose any and all customer information account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the customer. In addition, PapuHost shall have the right to terminate all service set forth in this Agreement.
You agree that your use of PapuHost shall be at your sole risk. All services provided by PapuHost are available as is, without warranty.
PapuHost wishes to emphasize that in agreeing to the PapuHost Terms of Service, customer indemnifies PapuHost for any violation of the Terms of Service that results in loss to PapuHost or the bringing of any claim against PapuHost by any third-party. This means that if PapuHost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against PapuHost, plus all costs and reasonable attorney's fees.
You agree that PapuHost may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on PapuHost services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and PapuHost and govern your use of PapuHost services, superseding any prior agreements between you and PapuHost for the use of PapuHost services.
Waiver and Severability of Terms
The failure PapuHost to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PapuHost services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
PapuHost provides a 95% uptime guarantee on all PapuHost hardware and network connectivity. If your service is down more than 5% for the previous month, you may request a full month refund. Refund requests must be made within 60 days of the end of the month which your service was down for more than 5%.
Some of PapuHost services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of your website/email or the services to which you subscribe.
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters. This does not apply if you fill fraudulent cases agaisn't us.
You can check the requirements for media partnership here, we assume that you become inactive if you don't promote us to keep your free services within a range of 14 days, so we have the right to temporarily/permanently suspend your services if we see that you become inactive.
Anyone who experiences a problem with their host provided by PapuHost should raise the matter directly by emailing [email protected] , giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
PapuHost will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
All services provided by PapuHost may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any Canada or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorisation for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.
Further, the following content is prohibited on PapuHost accounts, as are links to such content:
Underage pornography includes sites that may imply underage sexual content.
Hosting services that promote any illegal activity or content or files that may be damaging to PapuHost servers or any other server on the Internet.
Get rich quick or hate material
IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited; as are programs that act like an IRC server or that provide chat functions that run as background processes.
Hacking sites, programs or archives
Distribution of music files or any other material for which the account holder does not own the copyright, or have the written permission of the copyright holder
Game Servers (dedicated game server programs)
Housing of any of the following files is considered a violation of the terms of service:
Proxies: we do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Port scanning: we do not allow any kind of port scanning to be done from our servers.
PapuHost will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to customer.
PapuHost has a zero tolerance policy on spam, junk e-mail or UCE. Spam, junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service and if your email account is compromised for whatever reason (whether you share your password with someone else, or you use the same password on multiple websites, and another website is compromised), which in any way implicates the use of the PapuHost servers and/or network.
PapuHost’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorisation
Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Violation of the above terms will result in one or more of the following:
A warning from PapuHost personnel by E-Mail or Telephone.
Removal of DNS for the advertised/originating site
Temporary shutdown of the service or a block on outgoing mail
Permanent disconnection of service, without refund
If your actions (either directly or indirectly) have caused PapuHost servers or IP Addresses to be placed on ANY blacklists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be charged $50 USD + 0.5 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.
Repeat violation of the above terms (same domain, within 3 months) will result in the following actions:
Immediate disconnection of service with no re-activation
A $50.00 USD fee charged to your account for violation.
Absolutely no refunds for any reason.
If your actions (either directly or indirectly) have caused PapuHost servers or IP Addresses to be placed on ANY blacklists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be charged an additional $50 USD + 0.5 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.