The Policies of Packhead Hosting
Table of Contents
Definitions
This page will attempt to define certain words or objects to clarify the use of the policies herein:
Packhead Hosting, pH, The Packhead Hosting Network, PHN, Packhead Gaming Network, PGN, Packhead Gaming Servers, PGS, or we refers to the entity providing services, in this case Packhead Hosting or any of it's agents, employees, partners or affiliates.
The Customer, client, user or you refers to the individual person or persons who have purchased or use services offered by or through Packhead Hosting. This includes, but is not limited to the customers users; for instance the members of a forum provided by the customer.
Service or services, hosting, virtual private server or servers, VPS, VPS', shared or shared hosting refers to the product or use of product that is being sold by Packhead Hosting to the customer.
The server or servers, web server or web servers refers to the actual virtual or physical entity, system or network of which content is currently being distributed, kept or hosted in.
Data, information or material refers to the data, information, material, objects or property stored on Packhead Hosting's web server or servers.
Preamble
Packhead Hosting is an information provider who provides storage and transfer services over the Internet through the use and access of it's web server or web servers.
Packhead Hosting cannot guarantee that any customer or user will have access to Packhead Hosting, it's services or it's web server or web servers at any time. Packhead Hosting will strive to do it's best to offer uninterrupted service or access to it's customers at all times.
The customer agrees to the privacy policy, terms of service and acceptable use policy herein whilst using any services offered by Packhead Hosting or any of it's affiliates or partners. Violation of any of the policies herein may result in termination or modification of contract or services.
Privacy
When you engage in purchase, or use of Packhead Hosting in any way, Packhead Hosting collects information to better identify you. This includes, but is not limited to, your full id, e-mail, userid, internet handle, IP, residential, business or billing address, security question, payment method, payment information and password.
The customer shall not provide Packhead Hosting with false, stolen, or otherwise misrepresented information at any time for any reason.
Packhead Hosting may also collect information about your referring hyperlink, browser type, version and other anonymous information.
Packhead Hosting promises it's customers that we will never sell, disseminate or release your personal information for any reason other than in cases where it is required by law through law enforcement agencies.
Packhead Hosting uses it's customers information to create customer accounts, contact customers where appropriate, administer our systems, conduct statistics, surveys or promotions and provide technical support.
Payment processing companies, some affiliates and partners of Packhead Hosting may have access to information supplied by the customer. Packhead Hosting is not responsible for any payment processing companies, affiliates or partners.
Information retrieved for domain-related services, by nature of the domain registration system, is available to public access over the Internet using a whois tool.
Packhead Hosting reserves the right to modify this, or any other publication, opinion or document at any time for any reason. The customer agrees to any changes to this or any other document upon it's change or upon renewal or extension of services. The customer shall not misrepresent or modify this, or any other publication, opinion or document at any time for any reason.
If a customer fails to abide by the policies written herein, they may be subject to additional charges and immediate modification or termination of contract.
Terms of Service
The customer certifies that he or she is at least 18 years of age. In the event that the customer wishes to purchase product, and is under 18 years of age, they certify that their parent or legal guardian will act as the customer in terms of any contract.
No one person will use, modify, or misrepresent any intellectual material owned, copyrighted or used by Packhead Hosting. This includes, but is not limited to images, logos, written word or opinions provided by Packhead Hosting.
The customer or user is responsible for providing all equipment required to access, use, or purchase the services offered by Packhead Hosting.
Packhead Hosting makes no warranties or representations of any kind and denies all responsibility as to whether or not the customer's equipment will be compatible with Packhead Hosting.
The customer agrees to a "monthly," "quarterly," "bi-annual" or "annual" contract beginning upon commencement of service. Packhead Hosting uses a pro rata method of billing. As such, all contracts are billed on the first of every month. The initial contract of service henceforth will be known as the prorated contract in addition to the first "month" of service.
At the end of a contract term, the contract will be automatically extended and renewed for service of one "month," three "month," six "month" or twelve "month" periods; depending upon previous contract length until canceled. If a contract is not extended or renewed, the customer will no longer retain access or use of the services provided by Packhead Hosting and subsequently will forfeit any rights to any data stored on Packhead Hosting's web server(s.)
Packhead Hosting offers a refund policy of the initial contract. This refund policy is equal in date and time to the initial contract of service as explained above. Subsequent contracts cannot be refunded.
Packhead Hosting will accept cancellations through written notice, email (upon verification,) telephone or web panel. The customer will continue to retain access and use of the services provided by Packhead Hosting throughout the remaining contract. The customer may only cancel services they themselves have purchased. No other user may cancel services on another persons behalf, without express written permission.
A contract made with Packhead Hosting may be terminated within it's period of service. The customer will provide two weeks notice in the event they wish to terminate their contract. If two weeks notice cannot be made, Packhead Hosting reserves the right to deny a cancellation of service until the end of the contract's period of service.
Packhead Hosting will retain customer data on it's web server for one "month" after a contract ends. Afterwards, all data corresponding to that customer's account will be destroyed. Any services purchased by Packhead Hosting after a contract has ended will be shut down and withheld from internet connection until reactivated. For instance, in the case of a rented virtual private server, the virtual private server will be shut down.
Personal information may be stored indefinitely.
Packhead Hosting is not responsible for the education or to provide knowledge of how to use Packhead Hosting's services. Packhead Hosting makes no guarantees that any users will be able to use the services, tools or functions provided. We will attempt to help you understand the tools and functions provided by Packhead Hosting upon commencement of services, if asked. This includes, but is not limited to the web panel or technical support.
Packhead Hosting reserves the right to modify, cancel, suspend, terminate or refuse it's services or contracts for any reason at any time.
Packhead Hosting reserves the right to incur additional charges from the customer if the customer exceeds the limits of the services purchased. Here is a list of common exceeded rates:
Example:
| 1 GB Bandwidth | $0.10 per "month" |
| 1 GB Storage | $1.10 per "month" |
| 32 MB RAM | $0.50 per "month" |
| 1 Processor | $5.00 per "month" |
Packhead Hosting provides discounts based upon certain conditions met when agreeing to a service or contract, such as billing cycle. Packhead Hosting may also provide coupon-based discounts to potential customers periodically. Unless specifically deemed otherwise, current customers, of which may or may not have active contracts, are ineligible to receive discounts through coupon codes. The following calculations are used when determining billing-cycle discounts and results are rounded based upon Packhead Hosting's discretion:
| Percentage | Period | Calculation |
|---|---|---|
| ~2% | 3-Month | (3x) - (3x)(0.02) Rounded |
| ~5% | 6-Month | (6x) - (6x)(0.05) Rounded |
| ~10% | 12-Month | (12x) - (12x)(0.10) Rounded |
Packhead Hosting reserves the right to modify the pricing of it's services for any reason at any time. Contracts in use will not be subject additional charges in this respect, they will however be updated upon it's renewal or extension. Customers may not be contacted about modified services, but we will do our best to give you ample notice.
Packhead Hosting reserves the right to refuse to offer or sell it's services to any person for any reason at any time.
Packhead Hosting reserves the right to modify, cancel, suspend, terminate or refuse a contract, in use or otherwise, at any time, for any reason.
Packhead Hosting reserves the right to modify or terminate any data stored on it's web server(s.) at any time for any reason.
The customer shall not transfer a contract to another individual without express permission from Packhead Hosting.
The customer may share Packhead Hosting's services with other users on it's web server(s.) As such, if the customers activity interfers with or affects other customers, server stability, or server performance, Packhead Hosting reserves the right to suspend, terminate the customers offending activity. The customer may be subject to additional charges if their activity intefers with or affects other customers, server stability, or server performance.
The customer is limited to what services they have purchased. The customer agrees not to hold more than one active account with Packhead Hosting unless given express permission to do so.
Packhead Hosting makes no warranties or representations of any kind, whether explicit or implied for the service it provides. Packhead Hosting disclaims any warranty or representation and will not be held responsible for any damages that may be suffered by the customer, it's users, equipment, or other property at any time for any reason.
Packhead Hosting makes important efforts to secure the data of it's customers. Packhead Hosting denies responsibility for any unauthorized access, damage or loss of data stored on Packhead Hosting's web server(s) for any reason at any time.
Packhead Hosting denies responsibility for the accuracy or quality of information found through it's services or customers. Use of any of the aforementioned information through or by Packhead Hosting is at the customer or users own risk.
Packhead Hosting denies responsibility for the unavailability or access to it's services, or services through Packhead Hosting. Packhead Hosting denies responsibility for damages, loss of profit, or other such circumstances due to unavailability or access to it's services or services through Packhead Hosting.
The customer, herein, shall defend, indemnify, save and hold Packhead Hosting harmless from any and all damages, liabilities, claims, demands or costs, including but not limited to, attorneys' fees, asserted against Packhead Hosting at any time for any reason. The customer agrees to hold Packhead Hosting free of responsibility and liability in the event of any injury or damage to any person or property for any reason at any time. This includes, but is not limited to injury or damage caused by products or services provided by Packhead Hosting. Additionally, the customer agrees to hold Packhead Hosting free of responsibility and liability in the event of copyright infringement, unlawful purpose, defective product or service sold on or through Packhead Hosting or it's servers, or any material supplied by the customer that infringes on the rights of any individual, Packhead Hosting, or any third party.
Acceptable Use Policy
The customer agrees to use Packhead Hosting or any of it's services only for lawful purpose. Storage on any of Packhead Hosting's servers, or transmission through Packhead Hosting, of any material, deemed unlawful or in violation of any Country, Federal, State, or Local law or regulation is prohibited. This includes, but is not limited to, copyrighted materials, information that the customer does not have ownership of or child pornography.
The customer agrees not to use Packhead Hosting or any of it's services to distribute, sell or advocate the distribution of unsolicited e-mail (spam,) usenet or forum postings or tools to perform the above.
The customer will not undermine or advocate the undermining or destruction of the security or integrity of any computing or networking systems and must not attempt to gain unauthorized access. The customer or his users will not engage in, sell access to or advocate any type of cyber crime or violence, this includes but is not limited to distributed or otherwise denial of service attacks (DDoS or DoS,) damage of another customer's service, tools to perform cyber attacks or any other type of cyber attack.
The customer will not undermine or advocate the undermining or destruction of the security or integrity of any computing or networking systems and must not attempt to gain unauthorized access. The customer or his users will not engage in, sell access to or advocate any type of cyber crime or violence, this includes but is not limited to distributed or otherwise denial of service attacks (DDoS or DoS,) damage of another customer's service, tools to perform cyber attacks or any other type of cyber attack.
The customer will be responsible for all activity that occurs within the service provided. This includes, but is not limited to users who use services provided by the customer.
The customer will not store, distribute or sell pornographic materials.
Conclusion
We thank you for your cooperation with our policies when using the services provided by Packhead Hosting.
These policies were last modified on Tuesday, August 17, 2010 at 9:10:45 PM
