Terms of Service by PacificHost

PacificHost.com ("PacificHost", "The Company", "We", "Us", and "Our") agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). "You" means the person or company who is using our service(s) or product(s).

Term: Customer agrees to a billing cycle to billing cycle contract term for services unless otherwise agreed to in writing. The billing cycle to billing cycle contract for services is automatically renewed at the end of each billing cycle in perpetuity subject to cancellation by the Customer.

1. Payments and Fees

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company/Credit Card/Paypal automatically charges subscriber’s credit card, check or Paypal account every month.

You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, an IP address, and other server/network resources, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.

Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Failure to Pay:

PacificHost may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 5 days past due.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating.

2. Invoices and Due Dates

PacificHost generates and sends all invoices 7 days in advance of the due date. You have 7 days pay payments and fees. You are responsible to pay any payments and fees by due date.

7 days before the due date

We generate and send all invoices. This invoice can be checked in the Client Portal.

2 days before the due date

We send unpaid invoice reminder emails. This reminder be checked in Client Portal.

1 day after the due date

We send an overdue invoice reminder email. This reminder be checked on Client Portal.

2 days after the due date

We send an overdue invoice reminder email. This reminder be checked on Client Portal.

3 days after the due date

We send an overdue invoice reminder email. This reminder be checked on Client Portal.

5 days after the due date

Suspension of your hosting account.

After 30 days of non-payment from Invoice Due Date

Your account/service will be terminated and your all data will be deleted from the servers and billing system.

PacificHost will not be responsible for any damages your business may suffer because of your failure to make payment. PacificHost makes no warranties of any kind, expressed or implied, for the services we provide.

4. Cancellations

All Shared, Premium, Reseller and VPS Hosting services require a 72 hour notice before the due date of the next invoice in order to cancel service.
All Dedicated Hosting services require a 14 day notice before the due date of the next invoice in order to cancel service.

All Cancellations must be made using our Service Cancellation Request Form. Any missing information may delay the cancellation of your account. PacificHost will not be responsible for additional charges made if data is missing. All requests are manually reviewed and processed by our staff. If any of the above verification information does not match your account records, we will contact you via email to confirm the correct details. Your account is not cancelled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed.

If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.

7. Spam and Unsolicited Commercial Email (UCE)

PacificHost 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 messages, 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, which in any way implicates the use of PacificHost whether or not the message actually originated from our network.

PacificHost's mass mailing rules also apply to mailing lists, list serves, 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 addresses available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused PacificHost mail servers or PacificHost IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $30 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

A warning via email or phone.
Removal of DNS for the advertised / originating site
Immediate disconnection of service with no re-activation
$100 fee assessed to your account for violation

8. Responsibility for Account Content & Use

All services provided by PacificHost may only be used for lawful purposes. The laws of the State of California and the United States of America apply.

The customer agrees to indemnify and hold harmless PacificHost from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@pacifichost.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

PacificHost does not allow any of the following content to be hosted:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, virus/software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems and any material in violation of any Federal, State or Local regulation.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right Material - Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
IRC Bots/IRC related Material
Pirated Software/Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Proxy Scripts/Proxy related/Anonymizers Material
Image hosting only sites that do not host an actual domain name.
High-Yield Interest Programs (HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, and muds / rpg's Material.
Other Material - Any material we feel to be abusive, harmful or could harm service operation and/or harm other internet users. The designation of "abusive" is left entirely to the discretion of PacificHost. All rights reserved.

We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.

If you are in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Any site found hosting or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

9. 30 Day Money Back Guarantee

PacificHost provides a "30-Day Money Back Guarantee". If you are not satisfied with our service and wish to cancel the service within the first 30 days, we will issue you a full refund of your original purchase price. This "30-Day Money Back Guarantee" only applies to PacificHost's Shared, Premium, Reseller and VPS Hosting Solutions. Payments for "Dedicated Servers", "One-Time Services", "Extra Options", "Domain Names", " Software Licenses", "SSL Certificates", and any setup fees cannot be refunded under any circumstances. Your "30-Day Money Back Guarantee" full refund can only be issued to your original payment source. Violations of the Terms of Service will waive the "30-Day Money Back Guarantee".

Free Domains are available for the life of the Hosting Package. If a customer cancels at anytime PacificHost will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Any additional products added or upgraded on an existing account will not be eligible for a refund, only the first product ordered is eligible for a refund within the first 30 days of service.

10. Refunds and Disputes

PacificHost provides pro-rata refunds for 3 months, 6 months 12 months and 24 months payment terms. For example, if you paid 6 months pre-paid and want to cancel 4 months down the track, we will prorate your refund for the 2 unused months. Any refunds from PacificHost, except for a "30 Day Money Back Guarantee", will be issued through PayPal or Credit Card only. We do not issue refunds via check or cash. Violations of the Terms of Service will waive the refund policy. Payments for "Dedicated Servers", "One-Time Services", "Extra Options", "Domain Names", " Software Licenses", "SSL Certificates", and any setup fees cannot be refunded under any circumstances.

All overcharges or billing disputes must be reported within 30 days from the time the dispute occurred. If you dispute a charge to your credit card issuer, Paypal, or bank that, in PacificHost’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay PacificHost an additional charge of $50 and will be subject to collection by an authorized collection agency.

13. Reseller/Reselling Responsibility

Reselling is allowed on our Reseller Hosting Packages. Subletting/Reselling of space is strictly prohibited on Shared and Premium Hosting Packages. Shared and Premium Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination.

Resellers are responsible for providing all support to their clients directly while PacificHost will provide support directly to you. If a reseller’s client contacts us, PacificHost reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients. All support requests must be made by the reseller on their client’s behalf for security purpose. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. PacificHost will hold the reseller responsible for any of their clients actions that violate the law or the TOS/AUP.

14. Dedicated Servers

PacificHost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. PacificHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.

Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups on that secondary drive or utilize our Remote Backup Services. Please contact sales@pacifichost.com if you wish to obtain a secondary hard drive.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

A Dedicated Server account may not:

Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any BitTorrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities.
Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.

15. Virtual Private Servers

An Individual VPS Hosting account may not:

Exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any BitTorrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities.
Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
Use I/O intensive applications which adversely affect normal server operations.

Your use of this service is at your sole risk. PacificHost does not perform backups for our VPS Hosting service. PacificHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PacificHost servers. To retain backups, we recommend using our Remote Backup Service.

VPS Hosting accounts come with a default inode limit of 1,000,000 to better protect the file system. The limit can be increased if there is a legitimate reason to have it increased. To make a request, please email our support team.

17. SSH/Shell Access

By default, PacificHost does not provide SSH/shell access to our shared/reseller hosting customers. SSH/shell access may be requested by filling out our SSH Access Request Form. This request must be accompanied by government/organization issued photo identification (ID), bank statement or a utility bill, verified billing address, as well as a legitimate reason for needing shell access.

PacificHost is not required under any circumstance to provide SSH/shell access to its clients and reserves the right to suspend or terminate shell access at any time, especially in the case of violation of the Terms of Service. In the case that a client is found using SSH/shell access in any way that violates the Terms of Service, the client’s account will be terminated immediately without refund. PacificHost only allows SSH/shell access on the reseller hosting client’s main WHM domain and the web hosting client’s main domain.

18. Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or the security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. PacificHost 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.

19. Disk Usage and Inode Limits

You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during the ordering process. You must respond and resolve the exceeded disk space within 48 hours, either by removing files until your disk space allocation is no longer exceeded or by purchasing additional disk space. Failure to do so will cause your account to be suspended.

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

20. System and Network Resource Usage

An Individual Shared, Premium or Reseller Hosting account may not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any BitTorrent application, tracker, or client.
Run any type of web spider or indexer (including Google Cash / AdSpy)
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1492, etc.
Run cron entries with intervals of less than 15 minutes.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

PacificHost hosting accounts operate on shared resources. Excessive use or abuse of these shared system and network resources by one customer may have a negative impact on all other customers. PacificHost reserves the right to suspend or terminate any hosting account deemed to adversely affect server performance or network integrity.

21. Service Level Agreement

PacificHost endeavors to have network connectivity available for HTTP access by third parties 99.9% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, PacificHost will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.9% availability in a given month. To request a credit, please contact sales@pacifichost.com with justification. All requests must be made in writing via email. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond PacificHost's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). PacificHost is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While PacificHost attempts to keep regular backups of data stored on our systems, PacificHost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. PacificHost does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.

23. Backup and Data Loss

PacificHost performs backups on all of our Shared, Premium & Reseller Hosting servers to ensure critical files are not lost. Our server creates backups for user websites that you may download on your own; however, we are not obligated to restore a file any user has accidentally deleted or modified. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive. PacificHost is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. We recommend that you make your own backups of your site at regular intervals from the backup download option provided in the Control Panel.

Customers on using our VPS or Dedicated Hosting services are responsible for arranging their own backups. PacificHost does not perform backups of Virtual Private Servers or Dedicated Servers.

24. Migration Service

When ordering one of PacificHost's hosting services, we provide to you our free migration service for the first 10 accounts. After the first 10 accounts we charge $1 per account that is transferred over. This migration must be done from a cPanel account to a cPanel account. This cannot be done for an individual site (addon domain) under a cPanel account to a new cPanel account.

Due to the different versions of Control Panels and any other circumstances, migrated accounts or sites may not work properly. It is your responsibility to resolve an issue or submit a support ticket to our staff to look at it. However, we have no guarantee on our migration service and we are not responsible for ensuring that migrated accounts or sites work properly.

PacificHost will not be responsible for any damages your business may suffer because of the failure of the migration service. PacificHost makes no warranties of any kind, expressed or implied, for services we provide.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

27. No Warranties

PacificHost makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by PacificHost or its agents or employees shall create a warranty. PacificHost provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall PacificHost be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

28. Arbitration

By using any PacificHost services, you agree to submit to binding arbitration. If any disputes or claims arise against PacificHost or its subsidiaries, such disputes will be handled by an arbitrator of PacificHost's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Washington. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

29. Indemnification

Customer agrees that it shall defend, indemnify, save and hold PacificHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PacificHost, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PacificHost against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PacificHost’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from PacificHost's server.

Our Terms of Service

Terms of Service

1. Payments and Fees

2. Invoices and Due Dates

3. Price Changes

4. Cancellations

5. Notification of Violation

6. Suspension/Termination

7. Spam and Unsolicited Commercial Email (UCE)

8. Responsibility for Account Content & Use

9. 30 Day Money Back Guarantee

10. Refunds and Disputes

11. Credit

12. Account/Server Setup

13. Reseller/Reselling Responsibility

14. Dedicated Servers

15. Virtual Private Servers

16. Free Software Licenses

17. SSH/Shell Access

18. Security

19. Disk Usage and Inode Limits

20. System and Network Resource Usage

21. Service Level Agreement

22. Downtime

23. Backup and Data Loss

24. Migration Service

25. Refusal of Service

26. Forge Majeure

27. No Warranties

28. Arbitration

29. Indemnification

30. Disclaimer

31. Revisions to Terms of Service