Legal | Acceptable Use Policy (AUP) | Privacy Statement | Domain Policy
This Acceptable Use Policy is between Ponca City Web Solutions and the applicant, You: (hereinafter CLIENT) who wishes Internet Web Hosting services with PONCACITYWEB.COM.
You are responsible for all content stored on your PONCACITYWEB.COM hosted sites. PONCACITYWEB.COM Web Hosted plans may be used for lawful purposes only and you must agree to indemnify PONCACITYWEB.COM from any lawsuits, legal action, out of court actions, legal fees or any other claims against PONCACITYWEB.COM concerning any and all content on any of your websites. PONCACITYWEB.COM hosted websites may not include any pornographic material, illegal software, warez sites, MUDs, Shareware, pirated software files. We do not allow any chat or top site programs on our servers other than the ones we pre-install for our clients to use. IRC: PONCACITYWEB.COM DOES NOT allow IRC or IRC bots to be operated on PONCACITYWEB.COM servers. PONCACITYWEB.COM will be the sole judge of what is unacceptable use of web space. Violators will be charged a minimum $500.00 service charge for each instance of verifiable instance that is reported to PONCACITYWEB.COM and faces account suspension and/or termination.
All PONCACITYWEB.COM plans may not be used as a storage area for files that are not linked to CLIENT's web pages. Only data and information that relates to CLIENT's website is permitted at the domain or IP address hosted by PONCACITYWEB.COM. All data files and HTML pages must be linked to CLIENT's active website. CLIENT's who violate this may be terminated immediately and will be fined service charges of $500.00 (US) for each violation. By agreeing to these terms you agree to permit us to charge your credit card or checking account for any fines assessed, if applicable.
- RELATIONSHIP BETWEEN PONCACITYWEB.COM AND
- PONCACITYWEB.COM will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
- CLIENT's rights and privileges can not be sold or transferred without the written consent and approval from PONCACITYWEB.COM thirty (30) days in advance.
- Taxes, special services and
third party charges will be stated separately on the
invoice. CLIENT shall pay all taxes, fees, and governmental
- UNSOLICITED COMMERCIAL EMAIL (SPAM)
Spamming, or the sending of unsolicited email, from a PONCACITYWEB.COM server or using an email address that is maintained by PONCACITYWEB.COM is STRICTLY prohibited and will qualify CLIENT's site for immediate deactivation with no refund. PONCACITYWEB.COM will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by PONCACITYWEB.COM about Spam from any of our CLIENT or CLIENT's of theirs, will be fined and billed for such work The fee for such an instance if CLIENT is found to be at fault is $.50 per email sent and up to a $500 fine per incident.
- 30 DAY MONEY BACK GUARANTEE
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of activation. This policy does not apply to any additional services such as overages and extra disk space, etc. Also not included are Domain Parking services and Domain Registration fees.
Any activities that violates our Acceptable Use Policy which leads to a suspension or deactivation of your hosting account within the 30 day money back guarantee period will subject to a forfeiture of all fees paid and is not negotiable. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.
All contracts are on a month to month basis. CLIENT shall pay PONCACITYWEB.COM monthly recurring fees, plus additional charges as outlined on invoices. Pre-payment of monthly recurring fees is due by the time stated on invoice. Accounts 15 days past due may be suspended. Accounts 30 days past due will be deleted from the server without a refund of any payments made thus far. If any terms or conditions set below are failed to be followed, the account in question will be automatically de-activated. PONCACITYWEB.COM reserves the right to change prices with or without notice.
CLIENT's who wish to cancel a PONCACITYWEB.COM hosting service must send an email requesting a cancellation to WEBMASTER@PONCACITYWEB.COM or postal correspondence before the next billing cycle. If you cancel your account, you will be refunded the unused pro-rated month(s) minus a service fee of 20% of the contract. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.
- 99% UPTIME GUARANTEE
Ponca City Web Solutions uses only top quality servers, switches, and routers. This translates in great reliability and uptime. As a result we guarantee that our network will be up and functioning 99% of the time per month.
We are not responsible for outages or circumstances beyond our control that hinder access to your site or server such as :
- Traffic conditions on the internet
- IISP problems
- Browser or DNS caching
- An outage from an upstream facility outside of our network.
Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of scheduled any maintenance.
Scheduled service outages do not qualify for this guarantee!
Additionally, this guarantee is your remedy for any unscheduled downtime of more than one half of one (.5%) percent per month. We will provide a credit in the amount of 1 day for every hour that your domain or server is unreachable due to a network or equipment failure. Downtime must be confirmed by a staff member in our support system. Maximum credit given will be for 1 free month of hosting or $24.95 whichever is less. The credit will be applied to your invoice on your next due date.
- INTERRUPTIONS IN SERVICE
PONCACITYWEB.COM is not liable for any errors or interruption in service, whether within or outside of PONCACITYWEB.COM 's reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold PONCACITYWEB.COM free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by PONCACITYWEB.COM or by third-party providers, or because of power interruptions or other causes.
PONCACITYWEB.COM performs daily backups on all servers to ensure critical files are never lost. Server software available through the Control Panel can create daily backups for CLIENT sites that CLIENT may download. PONCACITYWEB.COM does not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. CLIENT is advised to backup all of CLIENT's own files to your local drive. PONCACITYWEB.COM is not responsible for lost data, time, income or any other resource due to corrupt backups or non-existent back-ups.
- SERVER ABUSE
Any attempts to undermine or cause harm to any PONCACITYWEB.COM server or customer of PONCACITYWEB.COM is strictly prohibited. Any CLIENT the abuses resources and actions are not taken to desist, calls for immediate de-activation without any refund of payments made thus far. Any site using what PONCACITYWEB.COM deems to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms.
- WARRANTY AND ASSUMPTION OF RISK
CLIENT uses PONCACITYWEB.COM services at CLIENT's own risk. PONCACITYWEB.COM makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. PONCACITYWEB.COM shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. PONCACITYWEB.COM has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
CLIENT agrees not to harm PONCACITYWEB.COM, it's reputation, computer systems, programming and/or other CLIENT's using PONCACITYWEB.COM services.
- LIMITATION OF LIABILITY
In no event shall PONCACITYWEB.COM or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if PONCACITYWEB.COM has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless PONCACITYWEB.COM from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.
By using PONCACITYWEB.COM services, you signify your agreement with the Hosting Acceptable Use Policy. PONCACITYWEB.COM reserves the right, at PONCACITYWEB.COM discretion, to change, modify, add, or remove portions of this policy at any time, with or without notice. PONCACITYWEB.COM reserve the right to refuse, cancel, or suspend service at our sole discretion. These terms may be modified at any time and without notice. All users previous and new are always subject to the newest terms posted here at all times.