By using Precision Effect services you accept and will be bound by the Terms and Conditions specified below. These Terms and Conditions may be updated from time to time without any prior notification. If you do not agree to any subsequent changes in our Terms and Conditions, your only recourse is to cancel your account. It is your obligation to review these Terms and Conditions periodically. Please read these terms and conditions carefully before accepting. If you do not wish to be bound by these terms and conditions, you may not purchase or utilize our services in any way.
ACCEPTABLE USAGE POLICY (AUP)
This AUP governs the use of Precision Effect's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Precision Effect regarding the interpretation of this AUP, Precision Effect's interpretation, in its reasonable commercial judgment, shall govern. This AUP is not intended to encompass all possible unacceptable uses of Precision Effect's hosting services. Further to this, Precision Effect reserves the right to determine what constitutes unacceptable use of Precision Effect services and we reserve the right to take action at our sole discretion. If you have any questions regarding this AUP, contact Support@PrecisionEffect.com.
You may not publish or transmit via Precision Effect's service any content that Precision Effect reasonably believes:
Content "published or transmitted" via Precision Effect's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Precision Effect.
You must take reasonable security precautions. You must protect the confidentiality of your password at all times. Changing your password periodically and choosing a secure password are two recommended ways of doing this.
MATERIAL PROTECTED BY COPYRIGHT
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
Precision Effect has the right to terminate any accounts in violation of copyright laws.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Precision Effect network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
Precision Effect is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Precision Effect network. Precision Effect reserves the right to inform and provide authorities with any information regarding illegal actions as they pertain to the services provided by Precision Effect.
Inquiries regarding this policy should be directed to Support@PrecisionEffect.com.
Precision Effect prohibits the use of Precision Effect’s services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("spam"). You or your clients may not use any Precision Effect services to send spam. You or your clients also may not deliver spam or cause spam to be delivered to any of Precision Effect’s services or customers.
In addition, e-mail sent, or caused to be sent, to or through Precision Effect’s services may not:
Precision Effect does not authorize the harvesting, mining or collection of e-mail addresses or other information. Precision Effect does not permit or authorize others to use Precision Effect services to collect, compile or obtain any information about its customers or subscribers, including but not limited to client e-mail addresses, which are Precision Effect's confidential and proprietary information. Use of Precision Effect services is also subject to Precision Effect’s Terms and Conditions.
Precision Effect does not permit or authorize any attempt to use our Client Services in a manner that could damage, disable, overburden or impair any aspect of any of our Client Services, including the transmission of bulk e-mail whether to knowing or unknowing recipients.
If Precision Effect believes that unauthorized or improper use is being made of any Precision Effect service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular Internet domain, mail server or IP address. Precision Effect may immediately terminate any account on any Precision Effect server which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy. Further, the perpetrator of said violation will be subject to a fine of NOT LESS THAN $500.00 US Dollars. The penalty may be significantly higher depending on the costs related to the incident. This penalty is to offset costs related to:
SERVER USE POLICY
Precision Effect hosting plans are to be used by the primary owner only. Clients are not permitted to resell, store or give away web hosting services of their web site to other parties, unless they have prior permission from Precision Effect, or are using one of our Reseller Plans. Precision Effect reserves the right to refuse service and / or access to its servers to anyone it deems necessary. All services provided by Precision Effect may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any USA or individual State laws will be treated at the discretion of Precision Effect. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Precision Effect servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. Precision Effect does not support the use of third party mailing programs on our clients accounts. We offer Horde for webmail purposes and Plesk as our main mail server. As we cannot ascertain the security of these tools we must, in the interest of the security of our shared environment, enforce an outright ban on the use of third party mailing tools. We DO NOT allow Internet-Relay-Chat ("IRC"), IRC bots, or anything related to IRC on our servers. Precision Effect also will not allow the use of FTP dumps, public upload scripts, or proxy related web sites on its servers. Precision Effect will be the sole arbiter as to what constitutes a violation of this provision.
HIGH RESOURCE USER POLICY
Resources are defined as cpu/memory utilization and/or resource manipulation. Precision Effect's servers represent a production web environment. Precision Effect will not tolerate the use of our servers as a scripting test environment. When a web site is found to be monopolizing the resources available, Precision Effect reserves the right to suspend or terminate that account immediately. Precision Effect may implement this policy at its sole discretion.
All account data backups are the account holder's responsibility. Precision Effect is NOT responsible for your data backup or subsequent loss. We recommend purchasing a dedicated server with redundant drives for mission critical web sites or systems that require absolute redundancy.
Precision Effect offers a 99.9 percent uptime guarantee. This uptime guarantee does not apply to scheduled maintenance. Precision Effect reserves the right to one hour of unscheduled maintenance per month before downtime is calculated. Uptime/downtime will be calculated using Precision Effect's official uptime statistics exclusively. Third party statistics provided by any other statistic services will not be acknowledged and rewards will not be granted. Account credits or partial refunds will under no circumstances exceed the worth of the plan for a single month. Precision Effect may determine the worth of any account at its sole discretion. Refunds granted pertaining to the 30 day satisfaction guarantee will also not exceed the amount paid. Domain names purchased with a refunded plan will under no circumstances be refunded. If account limitations are exceeded at any time, Precision Effect reserves the right to deny a refund to the account holder at its sole discretion.
All accounts are set up on a prepay basis. Precision Effect reserves the right to change prices of accounts or services at any time. Invoices will be generated up to 7 days in advance of the due date. Prepayment is due every anniversary month following the date the account was established. Clients will automatically be charged at this time unless email cancellation request has been confirmed by Precision Effect. Cancellation requests must be sent to Billing@PrecisionEffect.com at least five business days prior to your next billing date.
In situations where the card number on file is declined Precision Effect will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Precision Effect reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request.
All invoices will be sent directly to clients via email shortly after the online purchase has been made. At this point the client's card will be charged automatically.
CANCELLATION AND REFUNDS
Precision Effect reserves the right to cancel a client's account at any time, if it is found that the client contravened Precision Effect's Terms and Conditions in any way. Precision Effect may also deny service at its sole discretion. If these Terms and Conditions are violated, the client's account will be terminated immediately, and a refund will NOT be provided. Precision Effect also does not have to provide the client with a backup of data. Clients may cancel their account at any time. We cannot, under any circumstances, provide refunds on domain name purchases as they are purchased through a third party and registered with the purchaser. We do not provide pro-rata refunds. We also cannot and will not provide refunds for any non-service related issues.
SHELL ACCESS (SSH)
By default, Precision Effect does not provide shell access (SSH) to our web hosting clients. Shell access may be requested by emailing Support@PrecisionEffect.com. This request must be accompanied by a photo of the client's drivers license, verified PayPal address, as well as a legitimate reason for needing shell access. Precision Effect is not required under any circumstance to provide shell access to its clients and reserves the right to suspend or cancel shell access at any time, especially in the case of violation of these Terms and Conditions. In the case that a client is found using shell access in any way that violates these Terms and Conditions, the client's account will be terminated immediately without refund.
MISCELLANEOUS PROVISIONS AND OVERAGES
As a client of Precision Effect you are solely responsible for the content and other materials on your account. Domains registered with Precision Effect may only be transferred upon payment of any domain fees associated with the domain as well as a transfer fee of $25.00. Overages in allotted bandwidth (transfer) and/or disk space will be handled by first allowing the client to upgrade the account. If the client chooses not to upgrade or is unreachable, Precision Effect reserves the right to suspend/terminate the account. If bandwidth (traffic) usage continues to exceed the allotted limit, Precision Effect may charge an overage fee of $1 per Gigabyte.
Precision Effect will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. Precision Effect makes no warranties of any kind, expressed or implied for services we provide. Precision Effect disclaims any warranty or merchantability. Every client is required to backup their own data, emails, files and databases. Precision Effect does not guarantee to backup customer information.
If a Client is found in violation of any of Precision Effect's Policies or, in Precision Effect's judgment, could be in violation of, Precision Effect's policies, Precision Effect reserves the right to charge the Client an administrative fee NO LESS THAN $100.00.
If you have any queries regarding our Terms and Conditions, please email us at Support@PrecisionEffect.com.
GOVERNING LAW AND JURISDICTION
Precision Effect is controlled by Precision Effect from its office within the State of New York. By accessing our services and web site, you and Precision Effect agree that all matters relating to access to, or use of, our services and web site shall be governed by the State of New York and the laws of the United States, without regard to the conflicts of law principals thereof. You and Precision Effect also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the State of New York with respect to all matters.