Terms of Service is effective as of 20 August 2011
These Terms of Service authorise your use, access and membership to PowerHost4u. Throughout these Terms of Service, the terms "we", "us" or other first person pronouns are reference to PowerHost4u.
PowerHost4u reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed PowerHost4u may reasonably make to this agreement when such changes are made. If you have purchased services or software from PowerHost4u, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.
General Terms
PowerHost4u provides web hosting, and various other internet based activities. Throughout this agreement, these services may be referred to as "our services", "the services" or similar by syntax.
If you do not agree to be bound by these Terms of Service, you are forbidden to use our site and any services provided by us. You must exit the PowerHost4u site immediately.
By agreeing to these Terms of Service, you consent to resolve any dispute that you have with us in a court of our choosing.
You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services or any of the materials contained therein 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 such material and/or data.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay our performance.
Membership
The user or any person entering this agreement on behalf of a user, warrants they are 13 years of age or older. Those under the age of 18, warrant they have permission of a parent or legal guardian to access and use our services. PowerHost4u cannot be held liable for any misrepresentations of a user's age. Users under 13 years of age must terminate their use of our services immediately.
Account User ID's and passwords are non-transferrable and may not be sold to a third party. If a user obtains access through the use of fraud, we may terminate membership immediately and take all necessary and appropriate actions under applicable national and international laws.
To lease services provided by PowerHost4u, or to access non-public areas and resources that we offer, you will be asked to provide certain registration details and other relevant information. It is your responsibility to ensure that the information provided is correct, up to date and complete. If the information provided is found to be incorrect, outdated or incomplete, we reserve the right to suspend and/or terminate your access to our services at any time with no refund due.
It is your responsibility to maintain and promptly update registration data, to ensure it is correct, current and complete. This data can be altered within the online client portal, and includes, but is not limited to, your address, contact numbers and billing information.
Content
PowerHost4u believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to colour, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.
We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if PowerHost4u is made aware of any questionable content on a PowerHost4u -hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a PowerHost4u server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
Billing & Refund Policy
If for any reason you are unhappy with the services you receive from PowerHost4u.com during the first 14 days of service, you may request in writing via email that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling. We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
Any transactions that occur with respect to PowerHost4u are non-refundable. Any Credit Card Chargeback's, Dishonoured Cheques and any other related fee's that we incur with respect to your account are your responsibility.
PowerHost4u reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the client.
PowerHost4u reserves the right to change the price of any of our services at any time without prior notice.
Any amounts paid into a user's account as "credit" are non-refundable and can only be used on PowerHost4u services. This includes, but is not limited to Recurring Payments, Pre-Deposited Funds and Overpayments.
In the event that a service provided by PowerHost4u is faulty. It is our user's responsibility to inform our Technical team. Our Technical Team will attempt to repair the issue with a high priority status. Once repaired, our user will then be credited for the downtime accordingly. Should a fault discovered be deemed non repairable, a full refund will be issued via the original billing source. If opting to pay via PayPal an automated PayPal Subscription may be created. You will receive emails regarding the subscription details from PayPal directly. It is your responsibility to manage this subscription at all times.
PowerHost4u cannot and will not refund any PayPal Subscription payments, even after a cancellation request has been received. In the event a subscription payment is processed and no services are active, the payment will automatically be added as account credit.
In the event a client pays an invoice manually, and then a recurring PayPal subscription payment is processed, the amount will be credited to the account.
If at any time, you're hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that PowerHost4u.com holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.
Accounts are at risk for suspension of service if payment for hosting is not received 4 days after the due date.
Please note that PowerHost4u.com holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.
If, for any reason, PowerHost4u fails to deliver said services to you; a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces PowerHost4u to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.