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| - PG Enterprises Terms Of Service Agreement |
| PG Enterprises shall be known throughout this document as PG Enterprises. PG Enterprises agrees to provide the client web hosting for a monthly fee (or otherwise agreed upon by both parties). PG Enterprises.ca will never require clients to advertise for PG Enterprises.ca on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites. |
| - Website Content |
All services provided by PG Enterprises may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, Canada (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless PG Enterprises from any claims resulting from the use of the service which damages the subscriber or any other party.Pornography (both legal and illegal) and sex-related merchandising are NOT permitted. PG Enterprises will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links: - Pirated software
- Hackers programs or archives
- Warez Sites
- Spamming Software
- Pornography Sites
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| - Background Running Programs |
As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties. |
| - Intellectual Property Rights |
| Material accessible to you through PG Enterprises Services may be subject to protection under United States, Canada (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the PG Enterprises service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the PG Enterprises Network. If you use a domain name in connection with the PG Enterprises service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. |
| - Network Security |
| Customers may not use the PG Enterprises Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PG Enterprises will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. |
| - Defamation |
| Defamatory speech distributed over the Internet can result in civil liability for the defamer. |
| - Refusal Of Service |
| PG Enterprises reserves the right at its sole discretion to refuse or cancel service. Violation of any of PG Enterprises Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer. |
| - Spam Or Unsolicited Email: |
| You must not use the PG Enterprises Network, PG Enterprises equipment or any PG Enterprises email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the PG Enterprises Network, PG Enterprises equipment or any PG Enterprises email address. 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. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.If you are found to have spammed, PG Enterprises reserves the right to disable your domain without warning. In addition, PG Enterprises may impose a $50 penalty for each spam policy violation. PG Enterprises solely reserves the right to refuse or cancel service to known spammers. Lastly, PG Enterprises reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. |
| - Abuse: |
| Any attempts to undermine, slander, libel, threaten, or cause harm to a PG Enterprises.ca server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law. |
| - Indemnification |
| Customer agrees that it shall defend, indemnify, save and hold PG Enterprises (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against PG Enterprises, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PG Enterprises against liabilities arising out of;(1) any injury to person or property caused by any products sold or otherwise distributed in connection with PG Enterprises server;(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and(3) copyright infringement. Customer agrees to limit the liability of PG Enterprises to the amount paid for service. |
| - Refund Policy |
| You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month. Accounts terminated by PG Enterprises for breach of the Terms of Service will not be entitled to a refund. Refunds will be given if conditions of service are not met my PG Enterprises.ca. |
| - Domain Ownership |
| Existing domains that are transferred to PG Enterprises, for any reason, remain the sole property of the client. PG Enterprises will only transfer domains at the request of the client. Domain modifications (DNS, address changes, etc; renewals excluded), requested by the client will be completed by a PG Enterprises staff member at no charge.Free domain registrations ? PG Enterprises may, from time to time, offer free domains through custom plans or promotions. Any domains offered through such a promotion or agreement, will become the sole property of the client after the initial 1 year registration period has expired and the domain has been renewed by the client through PG Enterprises.ca |
| - Disclaimer |
| PG Enterprises will not be responsible for any damages your business may suffer. PG Enterprises makes no warranties of any kind, expressed or implied for services we provide. PG Enterprises disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PG Enterprises and its employees. PG Enterprises is not responsible for downtime due to matters ?beyond our control?; this includes, but is not limited to: earthquake, fire, hacking, or computer viruses.PG Enterprises keeps backups of key server systems only. PG Enterprises can accept no responsibility for any loss of data or consequences arising from this. PG Enterprises always advises clients to back up their site data regularly for its own protection.Finally, PG Enterprises wishes to emphasize that in accepting services, customers indemnify PG Enterprises for the violation of any law or BudgetHost policy, which results in loss to PG Enterprises or the bringing of any claim against PG Enterprises This means that if PG Enterprises is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PG Enterprises, plus costs and reasonable legal fees. Failure to comply with any of the above Terms & Conditions will result in grounds for immediate account deactivation. PG Enterprises reserves the right to change, edit, or update the policies contained in this document at any time. |
| - Privacy |
| PG Enterprises respects your privacy! We do not disclose, sell or otherwise distribute any client information without the express consent of the client. This includes all billing, address or other information.
PG Enterprises will submit to requests required by law from any law enforcement agency or other government agency when required to do so on the advice of our corporate legal team. Please note that Canada has agreements with many foreign countries regarding prosecution and evidence collection. Activities deemed illegal in Canada or your home country are a violation of the Terms of Service and PG Enterprises will refuse further services on your account. |
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