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Terms of Service

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Terms of Service


Play Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Play Hosting are subject to the following terms of service:


Indemnification Policy

You agree to use all Play Hosting services and facilities at your own risk. Play Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Play Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Play Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Play Hosting, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Play Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Play Hosting's server.

Play Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Play Hosting's server. Play Hosting shall be the sole judge of what violates this Policy.


Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.


Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.


Acceptable Use Policy:

All services provided by Play Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Play Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Play Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.


LIMITATION OF LIABILITY:

Play Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Play Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Play Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Play Hosting servers. All damages shall be limited to the immediate termination of service.


SLA

This SLA is part of your contract with us. It sets out our rights and responsibilities for our failure to meet the criteria herein. We guarantee network uptime 96.9% of the time during a 12-month period. Scheduled maintenance, Force Majeure such as hardware and software failure, hackers' and other attacks, and other, and Third Party Services are excluded. Our calculation of network availability is based on our internal records. We may accept Third Party reports as evidence that you are entitled to a credit under this SLA. Should we incur a network outage, we will credit you for an SLA event. Credit will be applied toward your next invoice. If you are past due on any Fees or you have breached these TOS, we are not required to provide the Credit to you. You must request a Credit within 3 days of the event covered by the SLA through your User Area. Credits may not be aggregated, are limited to one month's Fees over a 12-month period, and may not be carried over from month-to-month. This SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

Backups:

Play Web Hosting carry's out 1 backup per day and holds them for 30 days, these backups are strictly for our own use in-case of a server failure. However you can also login to the backup server to restore files. This is not meant as a replacement for keeping your own backups. If you terminate an account and need us to restore it from backups a 50$ fee would apply.

DISCLAIMER:

Play Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Play Hosting are resold. Thus, certain equipment, routing, software, and programming used by Play Hosting are not directly owned or written by Play Hosting. Moreover, Play Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Play Hosting sees fit. FURTHERMORE, Play Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.



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