• Terms of Service
• Privacy Policy
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By using our webhosting services, you agree to comply with this Terms of Service (hereafter referred to as the "TOS"). The TOS lays down the terms and conditions by which PagesGarden.com's Hosting Service (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhausitive and PagesGarden.com reservers the right to modify the TOS from time to time, effective when notification is posted at www.pagesgarden.com. No verbal or written agreement/statement by any PagesGarden.com employee or at PagesGarden.com will take precedence over this TOS.

On registering for and using the Service, you (the "Customer") agree to all the terms and conditions of the TOS, as modified from time to time, in its entirely. If you resells the Services that you are paying for, you will be responsible for your clients. PagesGarden.com only recognizes the Customer who is paying for the Services and not the Customer's clients. Violation of the TOS or any such action that PagesGarden.com deems inappropriate may result in the termination or suspension of the Services for the Customer.

You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. PagesGarden.com will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact

Interpretation

The provisions of this TOS are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this TOS, is prohibited. PagesGarden.com reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Term

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE PAGESGARDEN TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

Termination

This Agreement may be terminated

i) by either party by giving the other party thirty (30) days prior written notice,

ii) by PagesGarden.com in the event of nonpayment by Customer,

iii) by PagesGarden.com, at any time, without notice, if, in PagesGarden.com's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, TOS, or Customer's use of the Services disrupts or, in PagesGarden.com's sole and absolute discretion and/or judgment, could disrupt, PagesGarden.com's business operations.

PagesGarden.com may terminate this Agreement

i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or

ii) immediately by giving written notice to Customer, if PagesGarden.com determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition, including the TOS.

If PagesGarden.com cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the TOS or Customer's use of the Services disrupts, PagesGarden.com shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and PagesGarden.com shall have the right to charge you an administrative fee of $50.00.

Cancellation Policy

If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter:

i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,

ii) PagesGarden.com shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,

iii) You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and

iv). Any cancellation request shall be effective thirty (30) days after receipt by PagesGarden.com, unless a later date is specified in such request.

Illegal Use

PagesGarden.com sevices may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3". Linking to the above mentioned contents is also not allowed. The subscriber to PagesGarden.com service agrees to indemnify and hold harmless PagesGarden.com from any claims resulting from the user of the service that damages the subscriber or any other party.

We will be the sole arbiters as to what constitutes a violation of this provision.

Adult Content

Adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Server Resources

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. PagesGarden.com shall be the sole arbiter of what is considered to be a high server usage level.

CGI/PHP/ASP Scripts

CGI script sharing with domains not hosted by PagesGarden.com is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Chat Rooms

PagesGarden.com does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. PagesGarden.com does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of our servers.

Background Running Programs

PagesGarden.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

PagesGarden.com does not IRC or IRC bots to be operated on our servers.

Backups

PagesGarden.com performs daily backups on all servers to ensure critical files are never lost. However PagesGarden.com is NOT responsible for lost data, time, income or any other resource in any circumstance.

Tortious Conduct

No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.

The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages).

PagesGarden.com is not responsible for the restoration of data to server. We strongly recommend that your perform regular backup for your website, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. PagesGarden.com shall not be liable for loss of data under any circumstance.

Use of PagesGarden.com's service requires a certain level of knowledge of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offerd:

• Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc.
• FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability.
• CGI-Scripts: require a knowledge of the UNIX environment, TAR and GUNZIP commands, Perl, CShell scripts, permisison, etc.
• Mail: a use of mail client to receive and send mail, etc.

Unlimited Traffic/Hits & Server Resource Usage

PagesGarden.com is pleased to offer our hosting clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply to hosting accounts:

• Sites with banners, graphics or cgi's running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip, .tar, .exe, .ra ,.GZ. or some large movie files.
• Sites running large chat room gatherings.
• Sites using more than 20% of system resources

Idle Timeouts

PagesGarden.com may disconnect any idle connection to the network. Average timeouts are:

• FTP - 300 seconds
• Dial-Up - 10-15 minutes

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

It is contrary to PagesGarden.com policy for customers to use our servers to effect or participate in any of the following activities:

• To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
• To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
• To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a PagesGarden.com provided service, or using a PagesGarden.com provided service as a maildrop for responses;
• To falsify user information provided to PagesGarden.com or to other users of the service in connection with use of a PagesGarden.com service.

Server abuse

Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, PagesGarden.com will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, PagesGarden.com will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service Account itself will only be resumed once the Customer has corrected the problem and convinced PagesGarden.com that the abuse will not occure again. PagesGarden.com will endeavor to provide prior notification before carrying out any such action but PagesGarden.com may do so without any such notification, in its own discretion.

Any attempts to undermine or cause harm to a PagesGarden.com server or customer of PagesGarden.com is strictly prohibited. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Sofware Distribution

PagesGarden.com web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact for special arrangement.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. PagesGarden.com web hosting accounts are not to be used for the purpose of distributing and storing unusual amount of multimedia files. Any web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Background Running Programs

PagesGarden.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

Payment

All payments must be in US Dollars.

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this TOS, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. Service suspended for for nonpayment is subject to the setup fee of $15 for reconnection.

Your Billing is based on the date that you signed up with us. (ex. If you joined us on June 25th, 2003 Your Credit Card will be charge on the 25th of every Year/Month).

Packages may only be upgraded to larger packages. If you get permission from PagesGarden.com to downgrade an account a fee may apply. If you have a YEARLY plan with us you will be charged same price every year on the anniversary of you enrollment until you decide to cancel the account.

Accounts that are not collectable by PagesGarden.com will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the collection agency a “Processing and Collection” Fee of not less than $50.00 nor more than $250.00.

Money Back Guarantee

All Plans come with a 15 day Money Back Guarantee.

Setup and domain registration fees are not refundable.

Disputes and Chargebacks

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in PagesGarden.colm discretion which is valid, under the terms and conditions of our TOS and 15 Day Money Back Guarantee Policy, will result in service interruption , and reconnection fees to restore the desired service.

In the event that PagesGarden.com incurs any fees to to unauthoruzed credit card chargebacks, legal action will be taken and a $100 fee will be added to each chargeback amount.

Actions taken by PagesGarden.com

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. PagesGarden.com will be the sole arbiter as to what constitutes a violation of the TOS. PagesGarden.com reserves the right to remove any account without prior notice.

When PagesGarden.com becomes aware of an alleged violation of its TOS, PagesGarden.com will initiate an investigation. During the investigation, PagesGarden.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, PagesGarden.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violations is a criminal offense, PagesGarden.com will notify the appropriate law enforcement authorities of such violation.

The Customer shall be held liable for any and all costs incurred by PagesGarden.com as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the Customer's account will be suspended immediately pending reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the customer's account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $250 per hour that PagesGarden.com personnel must spend to investigate any violations. On top of this, violation of the Spamming policy carries a fine of $100 per email message sent.

There will be no refund at all to accounts terminated resulting from TOS violations.

PagesGarden.com customers agree to indemnify and hold harmless PagesGarden.com from any claims resulting from the use of our services that damages them or any other party. The PagesGarden.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. PagesGarden.com expressly disclaims any representation or warranty that the PagesGarden.com service will be error-free, secure or uninterrupted. No oral advice or written informatino given by PagesGarden.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. PagesGarden.com and its partners and suppliers will not be liable for any costs or damage arising either directly or indirectly from any transaction or use of the service.

Modification

PagesGarden.com reserves the right to add, delete, or modify any provision of this TOS at any time without notice. Reporting Network Abuse Any party seeking to report any violations PagesGarden.com's policies may contact via e-mail: abuse@pagesgarden.com

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.