Terms of Service

"PeerLevel" provides web hosting to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

CONTENT:
All services provided by "PeerLevel" may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless "PeerLevel" from any claims resulting from the use of the service which damages the subscriber or any other party.

"PeerLevel" prohibite sites that promote any illegal activity or present content that may be damaging to "PeerLevel" servers or any other server on the internet. Links to such materials are also prohibited.

We also do not allow sites with political content as 'hate sites', Nazi related support, or sites that propagate political activity against specific races or countries.

Examples of unacceptable content or links or usage:

Pirated software
Hacker programs or archives
Warez / Copyrighted Material
Any account which consumes more than 5% of system resources

"PeerLevel" will be the sole arbiter as to what constitutes a violation of these terms.

TRAFFIC USAGE:
All account plans come with a predetermined amount of traffic allowance. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.

COMMERCIAL ADVERTISING:
Spamming, or the sending of unsolicited email, from a "PeerLevel" server or via an email address or domain that is maintained on our network is STRICTLY prohibited. Selling software or services related to email advertising is also prohibited. "PeerLevel" will be the sole arbiter as to what constitutes a violation of this provision.

IRC:
We do not allow IRC related activity on our network.

SERVER ABUSE:
Any attempt to undermine or cause harm to a server, or customer of "PeerLevel" is strictly prohibited.

REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

LIMITATION OF LIABILITY:
"PeerLevel" shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers becoming off-line or being unavailable for any reason whatsoever. Furthermore, "PeerLevel" shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data. All damages shall be limited to the immediate termination of service. All clients are advised to locally store regular backups of their data. We cannot be held responsible for missing files, data or lost business.

You agree to indemnify, defend, and hold harmless "PeerLevel" from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, "Peerlevel", or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.

DISCLAIMER:
"PeerLevel" cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning.

ACCOUNT ACTIVATION:
By activating your account with "PeerLevel", you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE: If you sign up for an account and do not follow our terms, then no refund will be given.

FURTHERMORE, "PeerLevel" retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes, any use of these services which violates any laws which may apply to "PeerLevel", your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply "PeerLevel" with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

NOTICE:

If your account is found to involve illegal activity, illegal MP3 Files, pirated software, hacker programs, "warez", or any other illegal files, your account will be terminated immediately without notice or refund of any kind. Authorities will be notified of your actions.

Unless specified - none of the web hosting accounts includes the domain name registration fees. The customer is responsible for registering his/her domain name at the registrar of his/her own choice. We recommend http://www.namecheap.com.

DOMAIN REGISTRATIONS:
**Please note: Domain Name Registration fees are not refundable.*

CUSTOMER - COMPANY LIASON / CUSTOMER ABUSE:
Should a client conduct themself in an excessively rude or abusive manner towards any of "PeerLevel" workers, their account will be suspended with a refund for the remaining days of service due on the account.

Violations of these Acceptable Uses Policies should be referred to [email protected].
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