Terms And Conditions

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Last Updated 12/23/2012

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Paul Bunyan Hosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Paul Bunyan Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2.) Content

All services provided by Paul Bunyan Hosting  and its parent company may only be used for lawful purposes. The laws of the State of Minnesota and the United States of America apply.

The customer agrees to indemnify and hold harmless Paul Bunyan Hosting from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email[email protected] with the information required.

Examples of unacceptable material:

– Topsites
– IRC Scripts/Bots
– Proxy Scripts/Anonymizers
– Pirated Software/Warez
– Image Hosting Scripts (similar to Photobucket or Tinypic)
– AutoSurf PTC/PTS/PPC sites
– IP Scanners
– Bruteforce Programs/Scripts/Applications
– Mail Bombers/Spam Scripts Banner-Ad services (commercial banner ad rotation)
– File Dump/Mirror Scripts (similar to rapidshare)
– Commercial Audio Streaming (more than one or two streams)
– Escrow/Bank Debentures High-Yield Interest Programs (HYIP) or Related Sites
– Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
– Sale of any controlled substance without prior proof of appropriate permit(s)
– Prime Banks Programs
– Lottery/Gambling Sites
– MUDs/RPGs/PBBGs
– Hacker focused sites/archives/programs
– Sites promoting illegal activities
– Forums and/or websites that distribute or link to warez/pirated/illegal content
– Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
– Push button mail scripts
– Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
– Tell A Friend Scripts
– Anonymous or Bulk SMS Gateways Bitcoin Miners

Examples of unacceptable material on all Dedicated servers include:

– IRCD (irc servers)
– IRC Scripts/Bots
– Pirated Software/Warez
– IP Scanners
– Bruteforce Programs/Scripts/Applications
– Mail Bombers/spam Scripts
– Escrow High-Yield Interest Programs (HYIP) or Related Sites
– Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
– Sale of any controlled substance without prior proof of appropriate permit(s)
– Prime Banks Programs
– Lottery/Gambling Sites
– Hacker focused sites/archives/programs
– Sites promoting illegal activities
– Forums and/or websites that distribute or link to warez/pirated/illegal content
– Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
– Mailer Pro
– Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Paul Bunyan Hosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our Security department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on CPaul Bunyan Hosting’s servers(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Paul Bunyan Hosting is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Paul Bunyan Hosting and many of Paul Bunyan Hosting other web hosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Paul Bunyan Hosting should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Paul Bunyan Hosting web hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by you. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened. Black Listing: “IP Black Listing” is an occurrence when a third party black listing service determines that a Paul Bunyan Hosting issued IP address is a frequent source of Unsolicited E-mail.

Black Listings result in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.

We have designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.

Zero Tolerance for Black Listing: Paul Bunyan Hosting has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spamvertising” other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, CHK Hosting, LLC reserves the right to discontinue your services immediately with or without warning.

Furthermore Paul Bunyan Hostingwill levy a Black Listing processing fee of $300 for the first instance of IP Black Listing and $600 for the second instance of IP Black Listing (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Paul Bunyan Hosting. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Paul Bunyan Hosting. All rights reserved.

4.) Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Paul Bunyan Hosting is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Paul Bunyan Hosting are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

5.) Support Phone Lines

Paul Bunyan Hosting Phone Support lines hours are 9 am to 5 pm Central Standard Time zone. For after hour support please open a support ticket in your client control area.

Phone: (651)964-3731

6.) Payment Information

– Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

 — Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Paul Bunyan Hosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

  — Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Paul Bunyan Hosting’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

– Late Payment
All invoices must be paid within fifteen (15) days of the invoice due date. All invoice that are outstanding after due date will inquiry a $25 late fee. Any invoice that is outstanding for more than fifteen (15) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Paul Bunyan Hosting may suspend or terminate your account and pursue the collection costs incurred by Paul Bunyan Hosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Paul Bunyan Hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Paul Bunyan Hosting directly after you make a late payment to reactivate the dedicated server.

– Domain Payments
It is solely your responsibility to notify Paul Bunyan Hosting’s Billing department via a support ticket created from https://secure.PaulBunyanHosting.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Paul Bunyan Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

– Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Paul Bunyan Hosting may report any such misuse or fraudulent use, as determined in Paul Bunyan Hosting’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

– Invoice Disputes
You have ninety (90) days to dispute any charge or payment processed by Paul Bunyan Hosting. If you have any questions concerning a charge on your account, our billing department directly for assistance.

7.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

8.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting and VPS servers. No Refund will be given after 30 days.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

9.) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer(including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
i) Run cron entries with intervals of less than 15 minutes.
h) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
j) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
k) To help reduce usage, do not force html to handle server-side code (like php and shtml).
l) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

10.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11.) Reseller Account and Client Responsibilitys

Resellers are responsible for supporting their clients. Paul Bunyan Hosting will not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Paul Bunyan Hosting will hold any reseller responsible for any of their clients actions that violate the law or are terms of service.

12.) Dedicated Servers

Paul Bunyan Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenters. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Paul Bunyan Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenters. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Dedicated IP Addresses

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

14.) Account Security

You will receive a password and Member ID upon completing the Service registration process. You agree to keep confidential all passwords and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password or Member ID. You agree to do all of the following: (a) immediately notify Paul Bunyan Hosting. if you suspect any breach of security such as loss, ID, or any credit or charge card number provided to Paul Bunyan Hosting by contacting Paul Bunyan Hosting Immediately.

15.) Money back Guarantee

On dedicated servers no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

16.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

17.) Disclaimer of Warranties

Paul Bunyan Hosting DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Paul Bunyan Hosting DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT  TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.

18.) Request for Customer Information

Customer agrees that Paul Bunyan Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Paul Bunyan Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

19.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Paul Bunyan Hosting server.

20.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchant ability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

21.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.

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