Power Internet Services Group Terms of Service (Terms)

Power Internet Services Terms of Service (Terms)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.

We offer access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe these Terms. If you do not accept all of these Terms, then please leave our site now. For purposes of this Agreement, "You" and "Customer" means the user of the Site, "We/us" and "PWR Web Hosting" means PWRhost.com and all its associated and subsidiary companies, "Site" means the site on the World Wide Web located at www.PWRhost.com. "Content" means the information and other material available within the Site.

Use of PWR Web Hosting Service constitutes acceptance and agreement to the PWR Web Hosting Acceptable Use Policy (Policy) as well as the PWR Web Hosting Terms of Service (Terms). PWR Web Hosting may modify the Policy and the Terms at any time in its sole discretion. Any modifications are effective upon posting on the PWR Web Hosting web site. Customer understands that change to the Terms or the Policy by the company shall not be grounds for early contract termination or non-payment.

Term and Payment for Services

Term
This agreement shall be for an initial term of 1 month from the date of the PWR Web Hosting service order form. Unless terminated by PWR Web Hosting or cancelled by the customer, this agreement will automatically renew for successive terms of 1 month.

Payment
All services must be paid for by credit card in advance of service delivery. Customer authorizes PWR Web Hosting to charge credit card to pay for any charges that may apply to customers account. Credit cards will be charged for the following term on or about the beginning date of each term. Any additional charges incurred during the prior term will also be charged on or about the beginning date of each term. It is the responsibility of the customer to maintain current and accurate billing information. If a credit card charge is declined for any reason, an administrative fee of $10.00 will be assessed and an email will be sent to customer with a 72 hour termination of service notice. After 72 hours, the credit card will be charged and if again declined, the account will be terminated. Customers may reactivate their accounts within 5 business days after termination for an administrative fee of $100.00.

Taxes
Customer will be responsible for and will pay all taxes and similar fees, now in force or enacted in the future, imposed on PWR Web Hosting services.

Cancellation
Customer may cancel service by using the PWR Web Hosting online cancellation form. The form must be submitted at least 5 business days prior to the start of the next billing term in order to avoid an additional months charges. PWR Web Hosting will not issue partial refunds or credits for early cancellations. All payments to PWR Web Hosting are final and non-refundable.

PWR Web Hosting may terminate service at any time, without notice, if, in the sole judgment of PWR Web Hosting, customer is in violation of the Policy. PWR Web Hosting will not issue partial refunds or credits as a result of Policy violation termination.

Refund and Disputes
All payments to PWR Web Hosting are refundable only for the preceeding 30 days. Refunds are not given to any server orders, product orders(including, but not limited to: SSL Certicicates, Domains, Software). Pre-paid account refunds will be pro-rated.

Service Rates
PWR Web Hosting reserves the right to change fees, change monthly service rates or to institute new fees at any time upon posting to PWR Web Hosting website www.PWRhost.com. PWR Web Hosting reserves the right to change Customers monthly service rates at any time upon 30 days prior notice to customer.

Acceptable Use

The Acceptable Use Policy (Policy) sets forth guidelines for the acceptable use of PWR Web Hosting services. It is the customers responsibility to review the Policy prior to executing this contract. The Policy is posted on the PWR Web Hosting site and may be updated from time to time. It is the customers responsibility to regularly check for updates. Registering for and using any services constitutes acceptance of and agreement to the PWR Web Hosting Policy. Any violation of the Policy may result in suspension or termination of services.

Customer is responsible for any activity conducted on their server, including any unauthorized activity.

PWR Web Hosting will not issue partial refunds or credits as a result of Policy violation termination.

IP Address Ownership

PWR Web Hosting will maintain and control ownership of all Internet Protocol (IP) numbers and addresses that PWR Web Hosting may assign to customer. Customer shall have no right to use that IP number or address except as permitted by PWR Web Hosting in connection with the services. PWR Web Hosting reserves the right to change or remove any and all such IP numbers and addresses.

Ownership

We own and have copyrights on our sites software, design, structure and data compilation, and Materials located thereon, and all of their contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our sites, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without PWR Web Hostings prior written permission. Trademarks, logos and service marks displayed on our sites ("Marks") are our registered and common law Marks. Your use of and access to our sites do not grant you any license or right to use any of these Marks not otherwise stated herein. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our sites.

Trademark Information

All brand, product, service, and process names appearing on this Site are trademarks of their respective holders, and PWR Web Hosting does not make any endorsements of such trademarks of their respective holders, that appear on this Site. PWR Web Hostings trademarks may be used publicly with written permission only from PWR Web Hosting. Fair use of PWR Web Hostings trademarks in advertising and promotions of PWR Web Hosting products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply endorsement, recommendation, approval, affiliation, or sponsorship of that product, service, or process by PWR Web Hosting. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Service Interruption

From time to time, it may be necessary for PWR Web Hosting to suspend services for technical reasons, to maintain the network or to prevent improper use of PWR Web Hosting services or network. Such suspension will not entitle customer to credit for network interruption.

PWR Web Hosting shall not be liable for service interruption if such interruption is due to circumstances beyond its 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), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. Such occurrences will not entitle customer to credit for network interruption.

Customer Warranty

You warrant and represent to PWR Web Hosting that: You are at least eighteen (18) years of age; you possess the legal right and ability to enter into this Agreement, and you will use the services for lawful purposes in accordance with this agreement.

PWR Web Hosting Privacy Statement and Use of Personally Identifiable Information

All information including Personal Profile Data and personally identifiable information submitted by you to PWR Web Hosting through forms on the Site is treated according to PWR Web Hostings Privacy Statement located on this Site. You agree you have read and understand PWR Web Hostings Privacy Statement.

Links to Other Sites

Any links on this site (Links), may let you leave the PWR Web Hosting site and go to other Web sites. The linked sites are not under the control of PWR Web Hosting, and PWR Web Hosting is not responsible for the content, the accuracy thereof or any other aspect of any liked sites or any link contained in a linked site. PWR Web Hosting reserves the right to terminate any Links or linking program at any time. PWR Web Hosting does not endorse such Links, companies or products, or information to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

International Use

PWR Web Hosting controls this Site from its offices within the United States of America. PWR Web Hosting makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may not use or export the Materials in violation of U.S. export laws and regulations.

Termination of Service

If you breach any of the terms or conditions of this Agreement, PWR Web Hosting may, at its sole discretion, (a) suspend your access to certain areas of the Site and Service, (b) terminate your access to certain areas of the Site and Service, for any reason, including but not limited to lack of use, or if PWR Web Hosting believes that you are in breach of any of the terms or conditions of this Agreement. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to PWR Web Hosting, and whether or not the breach is repeated or cured. If PWR Web Hosting suspends or terminates your right to access or use the PWR Web Hosting Site and Service then PWR Web Hosting shall, within 24 hours, provide notice to you of such action. In the case of suspension or termination of access and/or service, PWR Web Hosting is not obliged to refund to You any fees for the remaining period of service after termination. If access and/or service is suspended, but re-instated later, your service period will be resumed from the point of re-installation until the service period expires, after which normal charging process will apply. If access is suspended and then terminated, termination rules as described above will apply. You agree that termination of your access to the Service will result in PWR Web Hosting to immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PWR Web Hosting shall not be liable to you or any third-party for any suspension or termination of your access to the Service.

Indemnification

YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD PWR Web Hosting (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST PWR Internet Services BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITES OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR RELIABLE. WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. PWR Internet Services MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PWR Internet Services OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:
PWR Web Hosting NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF PWR Internet Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARRISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PWR Web Hosting NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION. PWR Web Hosting NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

General

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEEE WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN MAURY COUNTY, TENNESSEE, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of PWR Web Hosting to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of PWR Web Hosting, and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and PWR Web Hosting is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

Please report any violations of the Terms to Power Internet Services Group:
E-mail: support@pwrhost.com