This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by pSek (the "Services"). As used in this Agreement, "pSek" means psek.com and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the pSek site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "pSek Site" refers to the Site located at the URL http://www.psek.com, or any other successor sites owned or maintained by psek.com.
1. APPROPRIATE USE OF THE SERVICES.
pSek provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any pSek service in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of pSek or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate;
violate any pSek policy posted on the pSek Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in damage to pSek, it's property, or servers, or any third party.
Shell Access. pSek does not offer shell or telnet access.
Bandwidth. Client may occupy only the amount of disk space on the pSek server and utilize no more than the network bandwidth that is allotted by pSek. Additional fees, specified in the hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. pSek is however willing to allow for periodic overages of the allotted bandwidth amount, up to 1 GB. pSek will be the sole arbiter in determining when the client has gone over their bandwidth limit.
No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at pSek, or otherwise, that mentions or reference any domain hosted on pSek's servers or parked on pSek's DNS servers. NOTE: All violators will be fined! (Refer to our UCE (SPAM) Policy).
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files and Processing. While pSek does backup all accounts every night,
the Client is still responsible for making back-up files in connection with its use of the Services. pSek will not be held responsible for any lost or damaged files as a result of using our services.
Termination. pSek reserves the right to refuse service to anyone. pSek, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact firstname.lastname@example.org.
2. PAYMENT OBLIGATIONS
Service fees will be due on the first day of every month after the original signup date. pSek shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to pSek.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to pSek and agrees to pay any and all fees incurred by Client.
Refunds. All payments made to pSek within the first thirty (30) days are eligible for a refund on clients request. All refund requests most be made by way of a support ticket through pSekís Client Area/Billing System (https://www.psek.com/clients). Any accounts that breach the TOS/AUP will forfeit the refund rights. For all other payments made to pSek are non-refundable, including monthly payments and annual payments, as well as payments made for domain names. Partial refunds will not be given.
Late payments. Any payment not received within ten (10) days will be suspended / terminated at pSek's sole discretion.
Customer also shall pay to pSek all expenses incurred by pSek in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable solicitor fees and the fees of any collection agency retained by pSek.
Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Primary domain changes. If a client wishes to change their primary domain associated with their account, there is a $10 one-time administrative fee. This does not apply to addon domains or parked domains.
Domain Names. If Client chooses to register a domain name(s) through pSek, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s). pSek does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall pSek be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless pSek from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party.
If pSek suspends an account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from pSek and full payment of balances due.
If a Client terminates their account, pSek will disable the service/account within twentyfour(24) hours the client specifies the account is cancelled. pSek will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Client will pay and indemnify and hold pSek harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE PSEK SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE PSEK SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. PSEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PSEK SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL PSEK BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE PSEK SITE OR ANY PSEK PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PSEK CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by pSek. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to itís conflict of law rules. This Agreement and pSekís policies are subject to change by pSek without notice. Continued usage of the Services after a change to this Agreement by pSek or after a new policy is implemented and posted on the pSek Site constitutes your acceptance of such change or policy. You are encouraged to regularly check the pSek Site for any changes or additions.