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Before you read this. Please note that this Terms of Service is not used to "trap" you or to trick any of our users. If this was the case we would not be around. The TOS is simply in place to protect you and us. If you have any questions, please feel free to contact me. Our TOS is in effect for anyone using Purple Penguin Hosting, regardless of if you have read these policies or understand them. It is your responsibility to ask questions and to Read our Terms of Service.

1
Purple Penguin provides web hosting and email services. Purple Penguin reserves the right to suspend or cancel any client's access to any portion or all of Purple Penguin's services when Purple Penguin deems that the account has been used inappropriately. Purple Penguin reserves the right to refuse service and/or access to its servers to anyone at any time.

2
Purple Penguin prohibits sites engaged in: Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.

2A
Hate sites will not be allowed. Any site found to be "Bashing" or speaking of any race, religion, or sex in a negative manner will be closed and charged a Fine of $150.

2B
Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a $800 dollar clean up fee.

2C
Any user on any plan package to be reselling email addresses, webspace , ftp accounts, sub-domains or any portion of there web hosting to anyone will result in immediate charge of $100 and/or upgrade to Reseller account and must be paid within 7days of billing. Special situations may allow the not for profit 501(c)(3) or charities to resell there hosting service, under there own domain using name servers of Purple Penguin, Please email sales for more information.

2D
Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts, pings, fingers, and excessive whois lookups.

3
Data Transfer Purple Penguin allows up to (see your selected package) of transfer per month. If any users go over the allotted amount the user will asses a fee of $16.00(minimum) per gigabyte.

4
Adult content The determination of what is "adult content" and prohibited shall be solely made by Purple Penguin. Also we will charge $200 PER nipple, anus, penis, or graphic body part. .

4A
Some Adult content may be allowed on a diffrent server, please contact sales for details

5
Should a policy violation occur, Purple Penguin reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to Purple Penguin's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee in addition to any of the above charges, and will be paid within 7 days of invoice. Failure to pay will result in debt collection agency as well as incur all court, law, warrant fees where necessary.

6
Web Site Content The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Purple Penguin servers). Purple Penguin is not responsible for any lost files, information, or data.

6A
Purple Penguin DOES NOT keep any kind of backup of any system files or user files. You may request backup service from Purple Penguin as an extra fee, please ask a sales rep.

7
Resellers Any reseller who uses WHM must allow all processes to finish before moving to another application. Anyone found not allowing a process to finish once started will be fined a fee of $100 for first offense, To be paid within 72hours of billing. Failure to pay could result in Termination of the account

8
System Updates The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. Purple Penguin reserves the right to modify the processing times at any time without notice. If a client or Purple Penguin support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.

9
Packages Purple Penguin reserves the right to upgrade/downgrade any accounts upon the change of any package details or pricing, this is for hosted clients and resellers only. Dedicated Servers are exempt from this term.

9A
Clients may also upgrade themselves to any higher package of equal or greater value package then they currently have. Clients may also stack packages upon each other (ie) Budget+Plus=Client Package.

9B
Upgrades will be paid for in advance, any monies remaining on the previous package at the time of the upgrade will be pro-rated and refunded to the credit card that payment was issued from

9C
Clients may downgrade there package at anytime which will result in a setup fee of $25 per downgrade which is to be paid in advance.

10
Support Free customer support is provided via the Billing/HelpDesk login only. Technical support emails will be answered within 24 hours if coming from the help desk. Billing inquiries will be answered within one business day. Client agrees not to spam support. Purple Penguin does not provide web site design, custom programming and scripting, or web site consulting services. Any support requests coming outside of the Billing/HelpDesk program are not guaranteed to be responded to.

11
Payment Policy All services are on a one/three month/six month/yearly prepayment basis. Purple Penguin only accepts credit card payments online at this time.

11A
By paying with credit card your account will be setup within 30 Minutes seven days a week. Credit card payment is authorized and assessed in real time.

11B
All monetary transactions will occur in $US dollars. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary of billing cycle.

11C
All Domain Name fees are separate from Purple Penguin costs and the client is responsible for timely payments of these fees for domain ownership. Purple Penguin reserves the right to change pricing schedule at any time without notice.

11D
All payments will be due no later then 1 week before the renewal date. Any payments made after this due date are subject to a late fee of not less then $5 per day, and no more then $300 total. All invoices will be mailed out via the Internet 14days prior to this 1 week due date.

11E
Any over due bills, or non payments of any charges will be sent to a collection agency for amounts less then $50. All other payments that are left unpaid will have a warrant sworn out on the user via the law offices in the city which Purple Penguin does business. Users will be required to report in person in a court of law in the city Purple Penguin does business or a judge will issue a bench warrant for the arrest of the user for failure to appear to the users local police department and will be extradited.
Purple Penguin will use all means available by law to collect any and all debt including and not limited to, Garnishment of wages, interception of tax refund, court, debt agency, seizure of property.
12
Additional Features Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated.

13
Returned Checks Non-sufficient funds checks will result in a cancellation of the account and the client is assessed a $90 dollar processing fee.

14
Purple Penguin reserves the right to change the price of any package without notice

14A
Account Reactivation If an account was canceled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $25.00 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees (if applicable). If an account was cancelled due to policy violation, Purple Penguin will not reactivate the account.

If an account is deactivated account renewal does not change. (Example) Your due day is the 10th . Your account gets deactivated for 20 days. This does not make your renewal day the 30th. It would still be the 10th. Your account is yours alone and if you have it deactivated then you are still responsible for that payment term.

15
Refund Policy For new accounts, the set up fee charges are non-refundable. If Purple Penguin terminates an account due to policy violations, there will be no refund. The fees for additional features are non-refundable. Purple Penguin offers a 14 Day Money Back for Hosting Services. Paid Via Check via USPS to all new members who do not violate these terms of service.

16
Cancellation
Purple Penguin reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a $800 dollar clean up fee. Purple Penguin reserves the right to delete the policy violating web site content without notice.

16A Customers can cancel service at any time. Account cancellations are only accepted via Billing/HelpDesk support tickets and phone. Cancellations will not receive a refund unless within the 14day trial period.

16B
If the client requests cancellation, their account will be terminated at a specified date or immediately. If the client specifies immediate account termination, Purple Penguin reserves the right to delete the web site contents without notice, and to refuse a refund of any money still on the account due to cleanup..

17
Indemnification Client agrees to defend, indemnify and hold harmless Purple Penguin against any liabilities arising out of defective products sold to customers from Purple Penguin servers, personal injury or property damage caused by products or services sold or distributed from Purple Penguin servers, any material that infringes or allegedly infringes on the rights of a third party available from Purple Penguin servers, and any material that libels or allegedly libels a third party available from Purple Penguin servers.

17A
Disclaimer Purple Penguin is not responsible for any damages to any client's business. Purple Penguin makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of Purple Penguin's web hosting and email service is at the client's sole risk. Purple Penguin's services are provided on an "as is, as available" basis.

17B
Purple Penguin does not guarantee that our services will be uninterrupted or error free. Purple Penguin will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

17C
In no circumstance will Purple Penguin be liable for any claims resulting from the use or inability to use Purple Penguin's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunication, unauthorized access to Purple Penguin servers, domain problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters. Purple Penguin reserves the right to revise our policies at any time without notice.

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