powerMonster.net

terms of service

This Terms of Service/Acceptable Use Policy is not exhaustive and powerMonster reserves the right to modify this TOS/AUP/PP/SLA at any time, effective upon posting of the modified document to powerMonster.net.

All clients are required to comply with the changes made to these policies unless an account cancellation is requested within 7 days of the Terms of Service Amendment.

We strongly suggest you check the powerMonster.net website frequently for updates to this Terms of Service/Acceptable Use Policy agreement.

By using any portion of powerMonster’s hosting, email, domain, design, or SSL certificate services, you are agreeing to abide by the terms and conditions of this document, including any modifications that may be posted.

Any violation of this TOS/AUP may result in the suspension or termination of your account.

NOTIFICATION OF TOS/AUP VIOLATION

powerMonster is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP/TOS has occurred, nor do we assume any responsibility through our AUP/TOS to monitor or police Internet-related activities.

First violation: Any customer, which has been determined to have violated any element of this Acceptable Use Policy/Terms of Service, shall receive an email, warning them of the violation. The service may be subject at powerMonster’s discretion to a temporary suspension pending a customer’s agreement in writing, to refrain from any further violations. Any warning/notification email will detail which aspect of the TOS/AUP the customer violated, what actions are necessary on the part of the customer, and what exactly will occur upon a second violation, including any fees/penalties that may be assessed.

Second Violation: Customers determined to have committed a second violation of any element of this Acceptable Use Policy/Terms of Service shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

All clients are required to keep a valid and current email address on file with us in your billing account (my.powerMonster.net). powerMonster is not responsible for lost or misdirected email.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or a customer of powerMonster is strictly prohibited.

Unauthorized use of accounts or computers by a powerMonster customer, whether or not the attacked account or computer belongs to powerMonster, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

ACCEPTABLE USE POLICY

Violation of our Acceptable Use Policy will be grounds for immediate account suspension or termination WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account suspension/termination is due to violation of our Terms of Service/Acceptable Use Policy agreement. If an account is terminated, no files located on the offending account will be retrievable.

Ignorance of your actions and consequences does not exempt you from liability.

Abusive behavior towards any member of the powerMonster staff will not be tolerated and is grounds for immediate account termination.

Any threats of legal action involving powerMonster.net, its owners and/or staff will be grounds for immediate termination.

Customers may not run IRC, bots or clients on powerMonster servers. Unacceptable uses also include, but are NOT limited to: bulk emailing without use of provided mailing list software, unsolicited emailing’s, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by powerMonster to be unacceptable use of powerMonster’s services.

Accounts using up enough server resources to slow or crash a server will be shut down without prior notice. If an account is shut down due to server resource issues, we will, upon request, make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is the client’s responsibility to look through account logs and evidence that we provide.

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination.

The following actions are STRICTLY PROHIBITED on powerMonster’s servers. Any account found to be involved in any such actions will be terminated and removed from our servers immediately without notice. Any illegal acts will be reported and prosecuted.

1. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited.
2. Websites that are deemed offensive, pornographic, or racially degrading, as determined by powerMonster.net
3. Websites displaying any material that exploits children under 18 years of age.
4. Websites promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
5. Acts of copyright infringement including offering pirated software or links to such software, information used to circumvent manufacture-installed copy-protect devises, including serial or registration numbers for software or any type of cracker utilities.
6. Websites promoting, making available or otherwise contributing to hacking, spamming, denial of service attacks and/or damage to commercial networks or servers.
7. Websites created for use as proxies.
8. Obtaining an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
9. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Chat Rooms

We do not allow clients to install their own chat rooms within a powerMonster account. Most chat rooms tend to be resource intensive and puts undo strain on our servers reducing the overall experience for our other customers on that server.

Abuse of SMTP Mail Server (mailing lists)

powerMonster has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly.

All full packages include access to pre-installed mailing list software.

Large mailing lists, (those exceeding 100 subscribers) sent using the powerMonster services, must be sent using the mailing list tools that have been pre-installed for this purpose.

If your mailing list exceeds 1,500 addresses you should contact powerMonster requesting permission to send the mailing through the powerMonster servers prior to sending any messages.

Sending a large mailing through mailing list software other than powerMonster pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks suspension or termination.

Mailing lists operated on powerMonster servers must be double opt-in with specific clear instructions in order to opt-out.

Unsolicited Email (Anti-Spam Policy)

powerMonster has a ZERO-TOLERANCE POLICY on unsolicited email/spam*.

Accounts caught sending unsolicited  email/spam* or usenet postings, either through our servers or to promote a website on our servers will be suspended or terminated immediately, will not qualify for a refund, and will be charged $50 per complaint filed if action specified in warning/notice is not taken or warning/notices are ignored.

Accounts terminated for sending unsolicited email or usenet posts give up all rights of retrieval to any content, files, backups, and technical support associated with this and ALL accounts hosted on any and all powerMonster servers and networks.

You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so in writing.

powerMonster reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.

Sites promoting, advertising, or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD-PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!

If an IP is blocked and/or blacklisted due to the authorized or unauthorized use of an account, powerMonster will suspend or terminate the offending account and issue the account holder a warning/notice. If it occurs a second time with the same account holder on the same or different account, powerMonster will impose on the account holder a non-negotiable $100.00 penalty fee  plus $75/hour for any labor required in cleaning up the IP. This fee is payable and due within 24 hours. powerMonster reserves the right to take further action should this bill remain unpaid.

*Unsolicited email/spam is defined by powerMonster as: email sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that group’s FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Background Running Programs

Background processes (that is, applications or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server) are not to be initiated without prior arrangement with us. We reserve the right to examine all code before it’s run on the server. Running of background processes without prior arrangement and confirmation in writing from powerMonster is considered server abuse.

IRC

We currently do not allow IRC, IRC clients, or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Customer Responsibility for Customer’s Users

Each powerMonster customer is responsible for the activities of its users and, by accepting service from powerMonster, is agreeing to ensure that it’s customers/representatives or end-users abide by this policy.

Complaints about customers/representatives or end-users of a powerMonster customer will be forwarded to the powerMonster customer for action. If violations of the powerMonster TOS/AUP occur, powerMonster reserves the right to terminate services with or take action to stop the offending customer from violating powerMonster’s TOS/AUP as powerMonster deems appropriate, without notice.

EXCESSIVE USE/OVERAGES

Your use of your account and access to it is your responsibility. You are responsible for any authorized or unauthorized access to your account resulting in bandwidth, storage, and/or email usage exceeding the limit detailed in your particular hosting package and any resultant fees.

In the event that your account exceeds the bandwidth limitations included with your account you will be billed at $2/GB/month for all blog, shared, reseller, and premium hosting or at the amount specified in the plan details for any of our VPS hosting plans.

In the event that your account exceeds the storage limits included with your account you will be billed at $.10/MB/month for all blog, shared, reseller, and premium hosting or at the amount specified in the plan details for any of our VPS hosting plans.

You will receive notice from our system once you utilize 80% of your bandwidth/storage allocation. At that time you can either choose to upgrade your account to the next highest plan or pay for the bandwidth/storage overages. If you choose to do nothing and your account reaches your bandwidth/storage limit, your account will be temporarily suspended until the end of the month or you contact us to upgrade your account or authorize payment for additional bandwidth/storage.

SERVER RESOURCE UTILIZATION

powerMonster has designed our plans so that users can typically utilize all of the resources they have purchased without hitting any server resource limitations.

There may be occasions where a client’s script is simply poorly written where a user is utilizing far too many server resources for the tasks they are performing.

Although there are no fixed numbers with respect to what is too much, we do go by a reasonable-use model. We do not assign hard limits as we like to allow our clients the ability to burst and utilize more than their “fair share” for periods of time.

However, poor coding will result in unnecessary, dramatic spikes in server resource utilization. If this were to occur, we will take every possible action required to minimize the negative impact on our server environment. In most cases, the client will be contacted and informed of the issue and given the opportunity to correct their coding.

There will however be some instances where the coding is so poor, that we will be required to temporarily suspend the offensive domain until such time that the client is able to correct the issue. This sort of drastic action will only be taken when absolutely necessary so as to maintain the stability of our hosting environment.

DOMAIN NAME REGISTRATION AND RENEWAL POLICY

All domain name registrations, transfers and renewals we offer are through our partnership with NetEarthOne.

powerMonster reserves the right to change partnerships with domain registrars with or without notice.

powerMonster reserves the right to increase/decrease our domain name registration, transfer, and/or renewal fees at anytime with or without prior notice.

You agree not to hold powerMonster responsible for any domain name registration, renewal, or transfer dispute.

We have registered many domains through NetEarthOne and believe that they will make every effort to register, transfer and/or renew your requested domain name. However, this is not a guarantee that your requested domain name is available for registration, transfer, and/or renewal.

Your domain name may go unregistered, untransferred, and/or renewed due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss.

You are responsible for monitoring your domain expiration date and making sure you renew it before it expires.

An order for domain name registration, transfer, and/or renewal, does not guarantee domain name registration, transfer, and/or renewal.

We shall not release any domain to another provider unless full payment for that domain has been received by us.

All domains, including domains registered free with accounts, are registered in the name of the account holder and are, once registered, under the complete control of the account holder.

For domains that are registered free as part of a hosting account with powerMonster, powerMonster will continue to pay all registration fees associated with such domain for as long as the hosting account is active and in good terms with powerMonster.

Any extra fees associated with domain registration such as DNS service, email service, and/or whois privacy services are the sole responsibility of the account holder.

All domains, including domains registered free with accounts, can be transferred to another registrar at any time once the ICANN-mandated waiting period is over. All fees associated with the transfer of these domains will be the responsibility of the account holder.

Once a free domain name is transferred away from powerMonster, the account holder is solely responsible for any transfer/registration or any other fees associated with that domain.

SSL CERTIFICATES

powerMonster reserves the right to revoke or refuse an SSL certificate with or without prior notice.

powerMonster reserves the right to increase/decrease our SSL prices at anytime with or without prior notice.

powerMonster reserves the right to provide the customer with another equivalent SSL certificate should the advertised one not be available.

powerMonster provides no warranties or guarantees on the nature and functionality of the certificates.

powerMonster does not provide technical support for SSL certificates apart from installing it for you.

SSL certificates issued free of charge because it was part of your package can be used on either powerMonster servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.

IP ADDRESSES

powerMonster shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by powerMonster and powerMonster reserves the right, in its sole discretion, to change or remove any and all such IP numbers and addresses.

All IP address usage must be justifiable, as per ARIN guidelines. Justifiable uses are listed below:

SSL Encryption | Service Domain | Virtual FTP Server | Anonymous FTP Server

SHARED HOSTING ACCOUNTS (blog, shared, or premium hosting)

Customers may not resell space in their account.

Personal accounts are to be used by the primary owner or entity only.

Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySQL services. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads.

Should a customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by sending mail to admin@powermonster.net. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved.

RESELLER AND VPS (Virtual Private Server) ACCOUNTS

The reseller/VPS customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer.

As the reseller/VPS customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.

Terms of Service violations as a result of a subuser account being exploitedwith or without knowledge will be the responsibility of the reseller/VPS account holder.

Resellers and VPS customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller/VPS customer will be accountable for all costs and liability.

The reseller and VPS account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of powerMonster’s policies and Terms of Service.

The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the reseller/VPS customer.

powerMonster reserves the right to financially charge the reseller/VPS customer for any contract/Terms of Service/Acceptable Use Policy violation that results in unnecessary labor to rectify the situation at $75/hour.

If an IP assigned to a reseller or VPS client is blocked and/or blacklisted due to the authorized or unauthorized use of an account, powerMonster will suspend or terminate the offending account and issue the account holder a warning/notice. If it occurs a second time with the same account holder on the same or different account, powerMonster will impose on the account holder a non-negotiable $100.00 penalty fee plus $75/hour for any labor required in cleaning up the IP. This fee is payable and due within 24 hours. powerMonster reserves the right to take further action should this bill remain unpaid.

Resellers are responsible for ensuring that the domain they choose is the domain they wish to use. If the reseller requests to have the domain name of the main reseller account changed, a $25 one-time administrative fee is charged.

Selling for free - powerMonster prohibits any portion of its services to be resold without charge. This includes but is not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).

HOSTING UPTIME SLA

powerMonster offers a 99.9% uptime guarantee. This means that your account will generally be available to the internet with no more than 43.8 minutes of downtime per calendar month.

If powerMonster is responsible for an outage resulting in an uptime of less than 99.9% for a calendar month, we will credit your account as follows:

43.9 minutes - 3 hours 38 minutes downtime = 25% of your monthly fee service credit

3 hours 39 minutes - 7 hours 17 minutes downtime = 50% of your monthly fee service credit

7 hours 18 minutes or more downtime = 100% of your monthly fee service credit.

Exceptions:

Customers shall not receive any credits under our SLA in connection with any failure or deficiency if caused by or associated with:

Scheduled maintenance (excessive outage beyond estimated downtime IS included under our SLA) or circumstances beyond powerMonster’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 or interruption or delay in telecommunications, upstream providers or third-party services, failure of third-party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service level agreement.

powerMonster has the final say and will determine the uptime of our servers based on the official 3rd-party monitoring service of SERVICEUPTIME.COM in use by powerMonster. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.

Customers claiming credit under our uptime guarantee must do so by opening a ticket within 10 days of the incident. All requests after 10 days of the downtime will be void.

Customers must be current on all invoices to receive credit and service credits will be applied to their next invoice.

HASSLEFREE 30-DAY MONEY-BACK GUARANTEE

All hosting accounts (excluding VPS hosting) have a full, hassleFree, money-back guarantee upon cancellation within 30 days of payment if the account holder is not satisfied for any reason.

The amount of the refund will be the dollar amount paid to powerMonster by the account holder less any domain-registration, software-license, SSL certificate, or IP address fees. The refund will be credited back to the original form of payment.

Domains, SSL certificates, IP Addresses and any additional services ordered beyond the hosting plan are not governed by our 30-day money-back guarantee.

As there are certain licensing and labor fees associated with VPS hosting, we do not offer a 30-day money-back guarantee on any of our VPS packages.

Any violation of our Terms of Service or Acceptable Use Policy will void our 30-day money-back guarantee and no monies will be due the customer.

100% SATISFACTION GUARANTEE

All hosting accounts (excluding VPS Hosting) have a 100% Satisfaction Guarantee after the first 30 days of service. Under this guarantee, powerMonster will work, within reason, with the customer to make the situation right or refund any unused portion of the customers fees as noted below under our REFUND POLICY.

CANCELLATIONS AND REFUNDS

You may cancel your hosting account at anytime and request a pro-rated refund.

All cancellation requests must be made via the customer’s client area at my.powerMonster.net. An account is not considered canceled until it has been requested through the customer’s client area. The customer is responsible for all hosting fees due on the account up to the time that a cancel request has been sent via the customer’s client area.

Upon receiving a cancellation request, all data will be immediately removed from our servers and your account will be canceled. Once data has been removed from our servers, it is no longer retrievable.

Refunds for hosting accounts canceled after the first 30 days will be granted  based on any unused whole months left in the customer’s payment plan. Any bandwidth/disk space overage charges and any fees associated with domain registration, SSL certificates, IP addresses, or any additional services ordered beyond the hosting plan will be deducted from any refund due the customer.

VPS hosting is not covered under any money-back guarantee. VPS hosting cancellations must be submitted at least 7 days before your next invoice is due or you will be charged an additional month of service. There are no partial refunds given for early termination of any VPS hosting account.

There are no refunds for domain registration, IP addresses, software licenses, SSL certificates, or additional one-time fee services.

BILLING AND PAYMENTS

powerMonster does NOT store credit card information and does NOT automatically charge you for services.

You are responsible for logging into your client area at my.powerMonster.net to submit payment at the end of each billing cycle. Invoices are emailed to the email address that you have on file with us in your client area approximately 2 weeks before your billing cycle ends. We accept most credit cards as well as PayPal.

Important information regarding PayPal Subscriptions!!!

You can choose to pay your invoices with PayPal’s Subscription service. With a PayPal Subscription, you are telling PayPal to send us a certain amount of money on a certain date—UNTIL YOU TELL THEM TO STOP PAYING US. If you accidentally set up two PayPal Subscriptions, then PayPal will pay us twice. We have no way to deduct money from your PayPal account. If you accidentally overpay us via PayPal Subscription, you need to cancel your PayPal Subscription from within your PayPal account and contact us immediately. powerMonster will only refund ONE PayPal Subscription overpayment—all others will be credited to your billing account for future payments. If you cancel and still have PayPal Subscription credits left, you will lose those credits.

MONSTERLOCK PRICE GUARANTEE

All of our plans fall under our monsterLock price guarantee.

We promise not to raise our prices on our basic hosting services for any existing customer, ever.

If a better plan at the same or lower cost is ever made available, upon request, powerMonster will upgrade the customers account and apply any positive difference in cost as a service credit.

The monsterLock price guarantee does not include domain prices, SSL certificates, IP addresses, software licenses, or any other add-on fees.

OVERDUE ACCOUNTS

powerMonster will send out invoices approximately 14 days prior to the end of your billing cycle with several reminders sent out until the due date.

Your account is considered overdue on the 5th day after the due date and a $10 late fee will be charged and your hosting account will be suspended.

After an account has been suspended for nonpayment, powerMonster will not provide any account backups unless the full outstanding bill has been paid.

Any accounts past due for more than 10 days will be subject to a $25 reactivation fee in addition to the late fee.

Any accounts past due after 30 days will be terminated and all files/data/backups will be lost and will not be retrievable.

VPS hosting does not have a grace period and are terminated when they go 5 days past due.

Any terminated services with outstanding fees due will be subject to collection efforts including reporting to a collection agency.

CHARGEBACKS AND PAYPAL DISPUTES

If, at any time, a chargeback is issued through your credit card company, bank, Google Checkout or PayPal (including PayPal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts which may include the reporting to a collection agency.

If you believe that an error in billing has occurred, please submit a ticket to our billing department and we’ll be happy to look into it for you.

PROMOTIONS/SALES

Only one promotion can be used when ordering.

Multiple promotions cannot be combined together and used together.

powerMonster reserves the right to refuse a promotion to a customer.

powerMonster reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.

powerMonster reserves the right to reduce the advertised time of the promotion running time with or without prior notice.

BACKUPS

powerMonster backs up data for its own use and disaster recovery. They are made available to clients only as a courtesy.

The customer is encouraged to make their own backups.

Customers may request 1 free restore per month. Additional backup requests in the same month are charged a $25 restore fee.

powerMonster makes its backups to an offsite location.

We do not make any guarantees on the integrity and reliability of the backups.

powerMonster is not responsible for any data loss or potential revenue or financial losses accrued from loss of data.

FREE MIGRATIONS

Customers wishing to take advantage of our “free migration from your old host” service are limited to 25 free migrations from like control panel to like control panel (cPanel to cPanel or DA to DA).

After the 25 initial migrations, the user is responsible for the transferring of files.

If a customer so chooses, they may upload full cPanel or DA backup files to our systems for us to restore. In those cases, we can restore up to 250 sites free of charge.

For migrations that are not cPanel to cPanel or DA to DA, powerMonster will attempt to restore full backup files, but cannot make any guarantees that a full backup will be fully restored or that errors won’t occur.

SUPPORT

powerMonster has no guaranteed response time with regards to our 24/7 tech support, but aims to respond within 24 hours.

Customers must use the helpdesk provided by powerMonster (my.powerMonster.net) in order to use our support service.

Please note that only our tech support is 24/7. All other support desks operate under normal business hours (Pacific time), weekdays only.

powerMonster does not provide support for 3rd-party scripts including all scripts listed in Fantastico/Installatron, RVSitebuilder, ClientExec, WHMCS and any other script unless explicitly stated. This excludes WordPress if it was installed by powerMonster under one of our hosting plans.

If you open a ticket requesting support for a 3rd-party script, your ticket will be re-prioritized as low priority and may be closed without answer.

The offer of any particular service does not constitute an obligation on powerMonster’s part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Problems with domain names/DNS issues are NOT directly the responsibility of powerMonster. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however, unless this source is hardware directly under the control of powerMonster, the customer is responsible for obtaining a solution.

powerMonster will advise when requested, but rarely intermediates in domain issues not directly related to the operation of one of our DNS servers.

powerMonster covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM or DirectAdmin to DirectAdmin transfers.

We offer basic troubleshooting after account migration to ensure things have been transfered successfully.

powerMonster does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment. WordPress installed by powerMonster is excluded from this clause.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through powerMonster’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use powerMonster or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the powerMonster network. If you use a domain name in connection with powerMonster or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the powerMonster network with the intent to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. powerMonster 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. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, powerMonster will shut it down immediately.

ELECTRONIC COMMERCE

You will be solely responsible for the development, operation, and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing with the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will solely be responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

CONTACT INFORMATION

You are responsible for making sure that we have your current and correct contact information on file in your client area.

We reserve the right to send announcements and invoices relating to your hosting or VPS account(s).

No more than twice a month may we email you information on promotions or discounts relevant to services we offer. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers and doing so may be considered grounds for termination of your account.

powerMonster will NOT give your email address or any other contact information to any third party except under the direction of law-enforcement officials.

PRIVACY POLICY

powerMonster does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis.

Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. Further, powerMonster reserves the right to contact a user regarding matters relevant to the underlying service provided and/or the information collected.

Users also should be aware that non personal information and data may automatically be collected through the standard operation of powerMonster internet servers or through the use of “cookies.” Information about “cookies” is usually available in the help section of most browsers.

If you do not want to receive e-mail from us in the future, please let us know by sending an email message stating you do not want to receive e-mail from our company. Users should be aware it may be impossible to delete all references to a user without some residual information remaining because of backups and deleted records.

powerMonster reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement. This statement outlined herein is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

COPYRIGHT INFRINGEMENT

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Interactive-Hosting system or website should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING powerMonster THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

powerMonster

RE:Copyright

Henderson, NV

USA

abuse@powerMonster.net

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

LAWFUL PURPOSE

powerMonster reserves the right to refuse service to anyone. Customers may only use powerMonster servers for lawful purpose. Transmission of any material in violation of any Federal, Sate, Provincial, or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of powerMonster management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Henderson, Nevada, and any dispute will be litigated or arbitrated in Henderson, Nevada. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Henderson/Clark County Courts. IN NO EVENT SHALL POWERMONSTER’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00 USD) DOLLARS.

INDEMNIFICATION

CUSTOMER AGREES THAT IN NO EVENT SHALL POWERMONSTER BE LIABLE TO ANY THIRD PARTY FOR CUSTOMER’S (IT’S AGENTS, OFFICERS AND EMPLOYEES OR ASSIGNS) BREACH OR ALLEGED BREACH OF ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT OR FOR ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER (IT’S AGENTS, OFFICERS AND EMPLOYEES, OR ASSIGNS). CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS POWERMONSTER FROM ANY AND ALL EXPENSES, LOSSES, LIABILITIES, DAMAGES, OR THIRD PARTY CLAIMS RESULTING FROM CUSTOMER’S (IT’S AGENTS, OFFICERS AND EMPLOYEES OR ASSIGNS) BREACH OR ALLEGED BREACH OF ANY CUSTOMER (IT’S AGENTS, OFFICERS AND EMPLOYEES OR ASSIGNS) OBLIGATIONS OR ACTIONS.

DISCLAIMER

powerMonster WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. powerMonster MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. powerMonster DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY powerMonster AND ITS EMPLOYEES. powerMonster RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

THREATS/ABUSE AGAINST THE NAME, SERVERS, AND ALL THEREIN, OF powerMonster SHALL BE DEALT WITH TO THE FULL EXTENT OF THE LAW, THIS INCLUDES PACKAGE CLONING, NAME CLONING, WRONGFUL SUGGESTED AFFILIATION, MISLEADING MENTION OF AFFILIATION, IMAGE CLONING/STEALING, HTML CODE CLONING/STEALING.

DEFINITIONS

Shared hosting: all of our individual, blog, shared, reseller, and premium hosting accounts.

VPS hosting: all of our budget, premium, managed, and unmanaged virtual private server accounts.

We/our: powerMonster, it’s agents, employees, owners, shareholders, and other stake holders.

You/your: All powerMonster customers and potential customers considering signing up for any of powerMonster’s services.

updated: 5Aug08