Terms of Service
The use of services from PalladiumHosting.com, [hereafter referred to as "Palladium"] constitutes agreement to these terms. You may view our Privacy Policy here.
1.) Account Setup / Email on file
Palladium Hosting will provide service after the receipt of payment and the order(s) have been properly screened to prevent fraud. It is the responsibility of the customer to provide an accurate and up to date email address not associated with the contracted domain. Any violation of the Palladium Hosting terms of service or official communication between Palladium Hosting and the customer shall take place via the registered primary email and must be maintained current at all times. Failure to maintain an active primary email address or providing false contact information of any kind may result in termination of the account. In high risk transactions it will be necessary to provide Palladium Hosting government issued identification and proof of credit or be denied service.
Transfers
Palladium Hosting provides courtesy transfer services for the first thirty days of service from sign up date, the fee after this period for this transfer to be determined by the support department at the time of transfer, please contact the support specialists directly for a quote. However, incompatible technology may prevent a transfer of some or all account data, so contact the support department for any technological issues.
2.) Content
All services provided by Palladium Hosting must be in compliance with the laws of Canada and the United States as well as the State of Texas and the Province of Alberta. Palladium Hosting forbids the use of any Palladium Hosting services to infringe upon any trademark or copyright. The customer further agrees to indemnify and hold harmless Palladium Hosting from any claims resulting from the use of Palladium Hosting Services. Prohibited services include, but are not limited to, unauthorized copying of music, books, photographs, or any other copyrighted work.
The sale or distribution of any counterfeit merchandise of trademarked or copyrighted material or violation of the laws of same will result in immediate termination of account and account services. To contact Palladium Hosting about copyright or trademark issues or account abuse, contact Palladium Hosting at abuse@PalladiumHosting.net with all appropriate documentation. Using a shared account as a backup storage device is not permitted, one cPanel only per account.
Examples of unacceptable material on all Shared servers include:
· 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 Sites
· MUDs/RPGs/PBBGs
· Hateful/Racist/Harassment oriented 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
Palladium Hosting services and all related equipment, network devices are provided for authorized customer use only. Palladium Hosting systems may be monitored for all lawful purposes, including to ensure that use of the Palladium Hosting services are authorized, for management of the Palladium Hosting service system, to protect against the unauthorized access and to verify account security procedures, system survivability, and the operational security of Palladium Hosting and the account holder. During monitoring information may be examined, recorded, copied, and used for authorized purposes. Use of Palladium Hosting system(s) constitutes consent to monitoring for these purposes.
A Palladium Hosting account found connected 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 authorized by the expressed written consent from the third party in question. Palladium Hosting may request and require documentation to prove access to a third party network or system is in fact authorized.
Palladium Hosting services reserve the right to refuse service to anyone at any time. Any material that in the judgment of the management of Palladium Hosting services is obscene, threatening, illegal, or violate our terms of service in any manner may be removed from the Palladium Hosting service servers or otherwise disabled with or without notice.
Failure for the customer to respond to email notification from the Palladium Hosting services abuse department within 48 hours of notification may result in the revocation, either temporary or permanent of the customer Palladium Hosting services. All abuse issues will be dealt with within the structure of the trouble ticket/email system with a response time of no more than 48 hours.
If the customer has any concerns to the acceptability or legality of a particular site or service, contact the Palladium Hosting service representative at
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and an associate will quickly and efficiently assist the customer thru the concern or difficulty.
Palladium Hosting strongly condemns the harm of minors or the potential of minors to come to harm as a result of this firm corporate policy all material deemed damaging to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography aka Lolita. Any site found to be host or linking child pornography or material perceived to child pornography shall be suspended immediately without notice. Any direct customer found to with this material will be terminated with or without notice. Any and all violators of this corporate policy shall be reported to the appropriate law enforcement agency including, but not limited to the Federal Bureau of Investigation (US), Royal Canadian Mounted Police (CAN), Interpol, and other agencies as necessary or deemed prudent.
It is the responsibility of the customer to ensure the programs and associated scripts installed under the customer account are secure and permissions of the directories are set properly, regardless of the method used to install the software. All customer should set permissions on most file directories and other formation architectures to as restrictive as possible settings (typically 755). The customer is ultimately responsible for any and all action undertaken under the account no matter the user, thus the compromise of credentials such as user name and password is the responsibility of the customer and not Palladium Hosting. As a result a secure password is required of all Palladium Hosting customers and the usage of a weak password can result in the suspension of the account(s) until such a time as a more secure password is selected. To ensure this policy, Palladium Hosting reserves the right to audit any and all accounts to prevent weak password usage. If, during any audit, the customer account password is found to be insufficient, the customer will be notified and sufficient time will be allowed to update the password(s) to Palladium Hosting standards.
3.) Zero Tolerance Spam Policy
Palladium Hosting has adopted a zero tolerance policy towards the sending of unsolicited email, bulk emailing, and spam. Customer should note that both "safe lists" and purchased lists are treated as spam for purposes of the Palladium Hosting anti-spam policies. A customer who knowingly or unknowingly dispenses span will have their account terminated with or without notice. All customers should read this link for the Palladium Hosting email policies and procedures. Customer should note that sites advertised via SPAM (Spamvertised) may not be hosted on servers operated by Palladium Hosting, including SPAM broadcast via fax, email, instant messaging or usenet/newsgroup publication.
Likewise, no organization or entity listed in the ROKSO may be hosted on a Palladium Hosting server and any account that causes the Palladium Hosting IP address or space to suffer negative attention up to and including "blacklisting" will be immediately suspended and/or terminated. In addition, Palladium Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail additional charges or fees required to mediate, ameliorate, or repair damages sustained while in the process of "blacklist" removal with the costs determined solely at the discretion of Palladium Hosting. Remember, Palladium Hosting reserves the right to mandate modification to or the removal of any or all web sites, accounts, database and/or database entries, or other components that do not comply with the established policies of Palladium Hosting or to make emergency modifications at the discretion of Palladium Hosting.
4.) Payment Information
All Palladium Hosting costumers agree to provide appropriate payment for the services received from Palladium Hosting in advance of the time period during which such services are provided. Likewise all customers agree that all billable charges shall be made on a recurring basis unless Palladium Hosting is notified in advance, including any and all accounts under suspension. Any Palladium Hosting account invoice paid outside of the 10 day grace period will not generate an automated invoice, however customer notification of the intent to resume service with Palladium Hosting will result in the issuance of an invoice with payment expected for the interval in which the account was suspended.
Cancellation of a Palladium Hosting account must be made via the cancel option in the customer client area. Once Palladium Hosting has received and confirmed all necessary client information via email, Palladium Hosting will inform the customer via email in writing that the customer account has been cancelled. Cancellation confirmation shall be transmitted via email and should contain a ticket/tracking number in the subject for reference and customer/Palladium Hosting interface and verification and automated confirmation of reception.
A Palladium Hosting employee will assist the customer through the cancellation process in an efficient and expeditious manner. If the customer does not receive a reply from Palladium Hosting in the form of an automated response or email communications from a Palladium Hosting service associate, please contact the Palladium Hosting support staff at
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. Palladium Hosting requires all requests for service cancellation to be done via the online apparatus for threefold reasons, (a) to confirm the customer identities, (b) to confirm in writing that the customer is in fact prepared for all files, emails, and other software and 3rd party linkages to be removes, and (c) to document the customer request as necessary. Thus the process reduces the possibilities for mistaken action, fraudulent/malicious requests by parties other than the customer, and to ensure all customers are aware that all customer files, emails, and account elements will be removed immediately after a cancellation request is processed.
It is the responsibility of the Palladium Hosting customer to ensure that all payment information is up to date and that all invoices are paid on time, in addition, unless Palladium Hosting has been informed of a desire for cancellation of any or all services in writing as determined by the Terms of Service, all services shall be billed as part of a recurring billing cycle unless stated in writing by Palladium Hosting. Palladium Hosting reserves the right to bill the on-file credit card or other billing information for any outstanding charges.
Likewise, Palladium Hosting provides a 10 day grace period from the time an invoice is generated to final date of payment. Any invoice past due more than the 10 day grace period shall be billed an additional $10 late fee (in addition to any other fees and monies owed) and/or have the customer service account suspended until the account has been paid in full. Customer account access will not be restored until such time as the account is made current. Customer invoices that have been paid via multiple Paypal subscriptions over and above the invoice amount cannot be refunded, instead excess funds shall be credited towards future monthly billing cycles. Please note, it is the customer responsibility to notify the Palladium Hosting sales team via email to
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after the renewal of domain and to ensure that the sales and service departments of Palladium Hosting have been notified. Remember, domain renewal notices and domain invoices are provided by Palladium Hosting only as a courtesy and that Palladium Hosting cannot be held liable for failure to renew a domain or failure to notify a customer about domain status or renewal efforts. Palladium Hosting reserves the right to change any and all payment amounts and any other charges at any time.
5.) Backups and Data Loss
The customer utilizes Palladium Hosting services at the customer's sole risk. Palladium Hosting backup services are provided as a courtesy and Palladium Hosting is not responsible for files and/or data residing in or on the customer account. Each Palladium Hosting customer by accepting the terms of service understand that the customer and customer alone accepts full responsibility for files and data transferred and agrees to maintain an appropriate backup of all files and data stored on Palladium Hosting servers. Please note, backup services will not be provided to accounts that have been suspended or terminated for any reason unless agreed to in writing by Palladium Hosting in advance.
6.) Cancellations and Refunds
Palladium Hosting reserves the right to cancel, suspend, restrict, terminate or otherwise curtail a customer account with or without prior notice. Any abuse of Palladium Hosting staff in any way, shape or form in a media or format will result in immediate suspension or termination of customer service with Palladium Hosting. Customer cancellation must progress via the cancellation link in the customer client area. Palladium Hosting offers the customer an unconditional 30 day money back guarantee on managed shared Hosting and reseller solutions for any customer who paid the first invoice with a credit card or Paypal.
However, payment via Bank Wire Transfer, Western Union, Check or Money Order are non-refundable and credit will be issued to the Palladium Hosting account as necessary. Palladium Hosting does not offer refunds for administrative fees, install fees for custom software, domain name purchases or for any account other than first time Palladium Hosting customers. Any customer who has cancelled or otherwise terminated services with Palladium Hosting and subsequently acquired Palladium Hosting services again is not eligible for refund from Palladium Hosting. Any violation of the Palladium Hosting Terms of Service void the refund policy.
7. Resource Usage
Palladium Hosting customers may not perform the following actions without violating the terms of service:
1. Use 15% or more of the system resources for longer than 90 seconds, avoid the numerous activities that could generate such problems including, but not limited to CGI scripts, FTP, PHP, and HTTP.
2. Utilize stand-alone, unattended service-side processes or applications at any point in time on the server, including any and all daemons such as IRCD.
3. Run any type of web spider or indexer (including Google Cash/AdSpy) on shared servers
4. Utilize any software that interfaces with an IRC (Internet Relay Chat) network
5. No bit torrent applications, trackers or clients will be permitted. A legal torrent may be linked to the server from off-site, but no torrent may be hosted or stored on Palladium Hosting shared servers.
6. Customers are specifically forbidden to participate in any file-sharing/peer to peer activities.
7. No Palladium Hosting customer may run any gamer servers, including but not limited to counter-strike, half-life, and battlefield 1942.
8. Run cron entries with intervals of less than 15 minutes.
9. Please note, when using PHP "include" functions for including a local file, include the local file rather than the URL, using ("include.php) rather than (http://yourdomain.com/include.php)
7b.) INODES
A warning can be issued for the use of 150,000 inodes on any one shared account and if the warning does not result in a change in behavior, customer accounts can and will be suspended. Customer accounts that exceed a 100,000 inode limit will automatically be stricken from the backup systems to relieve congestion and over-usage. All customers need remember that each and every file from web-page to image to email on a customer account expends up to 1 inode. Palladium Hosting reserves the right to tolerate a slight overage of inode limits, but accounts that consistently and/or dramatically violate the 150,000 inode limit by the regular creation and deletion of large file caches, cause file system damage, or host hundreds of thousands of files at a time will be flagged for further review and further action by Palladium Hosting.
Palladium Hosting strongly suggests that all customers prevent excessivve inode usage by disabling the initial catchall email address and routinely examining and emptying of the Palladium Hosting email box. To disable the default mailbox, login to cPanel and set default address to fail: No such user here via the "Mail", "Default Address", "Set Default Address" and ":fail: No such user here" commands
7c.) Backup Limit
Palladium Hosting shared accounts are limited to no more than 2 GB of hard drive memory. Any shared account exceeding this total will be deleted from the off-backup drives excepting only Databases in the process of being stored. All data will remained mirrored on an on-site secondary drive to protect against data loss in the event of a local drive failure.
8.) Bandwidth Usage
Each Palladium Hosting customer is allocated a monthly bandwidth allowance that varies depending on Palladium Hosting package purchased, customers exceeding the monthly bandwidth limits Palladium Hosting reserves the right to suspend the account until the next allocation period or until such time as additional bandwidth is purchased at additional cost to the customer, suspend the customer account until an upgrade is purchased to a higher service package, terminate a customer account, and/or charge additional fees for bandwidth overages. Please note unused bandwidth does not roll over from one month to another.
9a.) Money back Guarantee
Palladium Hosting reserves the right to prorate any and all refund amounts or to offer no refund at all. Each Palladium Hosting web hosting account include a 30 day unconditional money back guarantee, if the customer is not completely satisfied with Palladium Hosting Services within the first 30 days of service, the customer will be given a full refund of the contract amount.
This policy only includes customers with shared Hosting packages and does not apply to dedicated servers, administrative fees, installation fees for custom software or domain name purchases. Please note Palladium Hosting will not activate new orders or packages for customers who have an outstanding balance. All new orders and account setup activations require a balance of no less than $0.00, unless otherwise stated by Palladium Hosting in writing in advanced.
9b.) Uptime Guarantee Palladium Hosting guarantees 99.9% uptime to all shared & reseller server customers. If the customer suffers physical downtime that breaches this guarantee, Palladium may grant a one month credit to the account at the discretion of Palladium Hosting dependent upon the report filed by the customer. Customers are advised to request a credit at
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in writing with any and all supporting evidence to apply for credit.
Please note third party monitoring service reports are not valid evidence per the Palladium Hosting Uptime guarantee due to sundry technical factors. Uptime guarantees only apply to shared / reseller solutions, dedicated servers receive a prorated credit based on downtime per the network guarantee unrelated to the Uptime Guarantee. Any dedicated network customer application for a reimbursement via the Uptime Guarantee is invalid.
10.) Reseller: Client Responsibility
Palladium Hosting does not provide support to Reseller clients. Palladium Hosting reserves the right to redirect any communication from a reseller client to Palladium Hosting to the Reseller in question. All support communications must pass from the Reseller client to the Reseller to Palladium Hosting for security and support purposes. Resellers are responsible for all content and actions of Reseller clients and it is the policy of Palladium Hosting to hold the Reseller responsible for any violations of law or terms of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Palladium Hosting shared accounts customers may not resell web Hosting services to others. Any resell activity must take place under a Reseller account. Semi-Dedicated servers are not backed up, all data backup and program storage is the customer responsibility.
12.) Dedicated Servers
Palladium Hosting reserves the right to reset password protections on dedicated servers as part of a routine security audit if the password on file is not current. It is the responsibility of the client to ensure the records at the Palladium Hosting datacenter are current at all times, including but n not restricted to root password and email address. Palladium Hosting is not responsible for any downtime resulting from password reset.
Palladium Hosting reserves the right to audit any server at any time and to perform administrative actions at the instigation at the request of the Palladium Hosting data center. Please note, dedicated servers are NOT backed up by Palladium Hosting and all responsibility for backup or backup solutions remains with the customer. Palladium Hosting has additional hard drive space available for purchase, contact
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for more details.
13.) Price Change
Palladium Hosting will not increase customer fees or costs from the date of purchase to the conclusion of the term of service. However, Palladium Hosting reserves the right to change price listings on the Palladium Hosting web-site as well as the division of resources amongst service plans at any time.
14.) Coupons
Palladium Hosting reserves discount rates and coupon codes for first-time accounts or first time customers only. The discounted rates and/or coupon codes cannot be used towards the purchase of domain registration or for future purchases. Any account found in violation of these policies will be reviewed by the Palladium Hosting sales department and billed accordingly. Palladium Hosting does not tolerate abuse of the discount/coupon policy and the accounts of violators may be suspended or terminated at the discretion of Palladium Hosting.
15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Palladium Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Palladium 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, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Palladium Hosting against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Palladium Hosting;
(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 Palladium Hosting 's server.
15b.) Arbitration
By using any Palladium Hosting services, the customer agrees to submit to binding arbitration. If any disputes or claims arise against Palladium Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Palladium Hosting 's choice.
An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. The customer is also responsible for any and all costs related to such arbitration.
16.) Disclaimer
Palladium Hosting shall not be responsible for any damages the business of the customer may suffer. Palladium Hosting makes no warranties of any kind, expressed or implied for services we provide. Palladium Hosting 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 Palladium Hosting and its employees.
17.) Disclosure to law enforcement
Palladium Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
18.) Changes to the TOS
Palladium Hosting reserves the right to revise any and all policies, including Terms of Service, at any time without prior notification or notice.
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