TOS

 

The use of services from KaiyoInfotech Ltd through Plantohost.com [hereafter referred to as "Plantohost"] constitutes agreement to these terms.

 

 

  1. All services provided by Plantohost may only be used for lawful purposes. 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. If you believe that your copyright or trademark is being infringed upon, please email info@plantohost.com with the information required.
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These and related services/softwares are not allowe;

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

 

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

 

  1. Our 30-day Money Back Guarantee applies to all our hosting plans.

  2. 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 at 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 that the email address registerred with us is up to date at all times. Providing false contact information of any kind may result in the termination of your account.

    Plantohost services, including all related equipment, networks and network devices are provided only for authorized customer use. Plantohost systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Plantohost system(s) constitutes consent to monitoring for these purposes.

    Plantohost reserves 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 abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

    If in doubt regarding the acceptability of your site or service, please contact us at info@plnatohost.com 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.

    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 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username 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. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.

    While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 5% of the server resources and/or 5% of the server's CPU. This means that if your website is found to be utilizing more than 5% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

  3.  Any user who sends out spam email or use our server for smapping activities 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, 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. Plantohost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Plantohost reserves 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 entirely at the discretion of Plantohost.
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  5. Payment Information
    You agree to supply appropriate payment for the services received from Plantohost, in advance of the time period during which such services are provided. You agree that until and unless you notify Plantohost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via sales@plnatohost.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you by email that your account has been cancelled.

    As a client of Plantohost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Plantohost provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@plnatohost.com Plantohost reserves the right to change the monthly payment amount and any other charges at anytime.

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  7. Backups and Data Loss
    While we assure you a regular backup of your data on our server, your use of the service is at your sole risk. Plantohost is not responsible for files and/or data residing on your user account. You agree to take full responsibility for files and data transferred and to maintain your own backup of files and data stored on Plantohost servers.
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  9. Cancellations and Refunds
    Plantohost reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via sales@plnatohost.com. Plantohost gives you an unconditional 30 day money back guarantee.
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    2. Resource Usage
      User may not:
      1. Use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      5. 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.
      6. Participate in any file-sharing/peer-to-peer activities
      7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
      8. Run cron entries with intervals of less than 15 minutes
        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")
    3. INODES:
      The use of more than 20,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 20,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
  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.
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  12. 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 Plantohost.com, and the right to increase the amount of resources given to plans at any time.
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  14. Automatic Renewal
    When you sign up, your Plantohost account will be enabled with auto-renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed autmatically. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to secure.mpcustomer.com, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in billing.plnatohost.com/client.
  15. We will suspend an account if invoice is not paid15 days. This means that your data and website will not be available. If in the following 15 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Plantohost shall have the right to delete all data you have uploaded to the servers. You hereby acknowledge that this is Plantohost's policy when it comes to data retention, and waive all rights in and to your data in these situations.
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    1. Indemnification
      Customer agrees that it shall defend, indemnify, save and hold Plantohost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Plantohost, 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 Plantohost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Plantohost; (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 Plantohost's server.
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    3. Arbitration
      By using any Plantohost services, you agree to submit to binding arbitration. If any disputes or claims arise against Plantohost or its subsidiaries, such disputes will be handled by an arbitrator of Plantohost's choice.
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  17. Disclaimer
    Plantohost shall not be responsible for any damages your business may suffer. Plantohost makes no warranties of any kind, expressed or implied for services we provide. Plantohost disclaims any warranty or merchantability 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 Plantohost and its employees.
  18. Disclosure to law enforcement
    Plantohost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
  19. We will cooperate fully with law enforcement agencies.
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  21. Changes to the TOS
    Plantohost reserves the right to revise its policies at any time without notice.