PLHS may acquire an internet domain name on behalf of the Customer as specified in the Customer's request for services. Any costs incurred by PLHS in the process of obtaining or maintaining a domain name for the Customer shall be immediately reimbursed to PLHS upon receipt of invoice for said services
and fees. Should the Customer acquire the domain name on their own, without the assistance of PLHS, the Customer is responsible for any and all fees necessary for the acquisition of the domain name.
A. Domain Registration through PLHS: The Customer is responsible for checking on the availability of any domain name associated with any of the services offered by PLHS. The Customer is also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by PLHS. PLHS is not responsible for domain name availability. If a Plan is built by PLHS using an unavailable or incorrect domain name, the Customer will be charged a $20.00 fee for any resulting corrections made by PLHS. PLHS does not, in any way, alter any domain information when building sites for the Customer. Domain information is entered solely by the Customer, and is, therefore, the sole responsibility of the Customer.
B. Domain Changes: If a Plan is ordered using an incorrect domain name, the Customer will be invoiced for any and all fees incurred by PLHS in the proper registration/correction/completion of the Customer's order. These fees may include, but are not limited to, any administrative costs, domain registration costs and costs incurred in the correction of domain registration information charged by the domain Registrar.
C. Domain renewal through PLHS is managed by an automatic system that will notify the Customer when a domain is in need of renewal services. It is the Customers responsibility to make sure that all contact information is current and accurate. PLHS is not responsible for lapsed, expired or lost domains as a
result of the Customer not receiving, responding to or following up on notices sent by PLHS or any of it's registrar partners. Domains that enter into a redemption period (generally 30 days after expiration), will require additional fees from the Customer to redeem the domain name from the controlling registrar.
D. PLHS will seek for damages for any domain fee that is charged back, canceled or where payment is not made when payment has been made by PLHS on the behalf of the Customer. This may or may not include credit bureau reports, court action and/or legal services. Customer agrees that any and all costs
incurred by PLHS to recover such fees will be the responsibility of the Customer.
LIMITATION OF PLHS’S OBLIGATIONS AND LIABILITY
A. PLHS will utilize its best efforts to maintain acceptable performance of services contracted for, but PLHS makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. PLHS cannot guarantee continuous service,
service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. PLHS will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. PLHS shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries or service interruptions whether or not caused by the fault or negligence of PLHS.
B. PLHS may discontinue servicing any Plan or may impose conditions as a prerequisite for continuing to service any Plan. PLHS agrees to provide Customer with reasonable notice via email or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm
to PLHS. The following activities are specifically not allowed by PLHS and will result in IMMEDIATE account termination: running adult web sites, running hate web sites, participation in undirected bulk email delivery (spamming) either through the use of our mail servers or not, gambling web sites or any sites promoting or participating in illegal activities.
C. PLHS's liability to Customer and any end user of any Plan or other PLHS services is limited to the amount paid to and received by PLHS for services. In no event shall PLHS be liable to Customer, any end user or any other entity for any special, consequential or other damages however caused, whether for breach of contract, negligence or otherwise, even if PLHS has been advised of the possibility of such damage.
D. Customer shall defend, indemnify and hold PLHS, its officers, directors, shareholders, agents, employees, successors and assign harmless from and against any and all claims, demands, actions, liability, costs, damages or expenses, including reasonable attorney's fees and other legal costs, arising from any lawsuit, claim, proceeding, settlement or other action which may be brought or maintained by virtue of or in connection with this Agreement; provided, however, that this obligation shall apply only to the extent that the party seeking indemnification shall not be at fault or found liable with respect to or in connection with the lawsuit, claim, proceeding, settlement or other action
in which such party is seeking indemnification under this Agreement.
E. While PLHS provides backup services (with the exception of IIS .log files) and makes every effort to provide previous copies of customer files (for a specified dollar amount as specified on the PLHS web site), to its customers, it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations.
F. Restoration of data from the backups PLHS provides are done during normal business hours and based on the average ticket time for all Support requests. Restore requests are handled via the Control center PLHS makes available for use by all Shared Hosting customers. During off hours, every attempt is made to restore data as quickly as possible. However, off hours are used to run the backups of all server data on the PLHS network. Therefore, while PLHS is backing up server data, the ability to restore data at the same time that backups are running is limited and will generally take considerably longer than requests made during normal business hours.
G. PLHS may, at its sole discretion, limit or deny access to its servers, including the blocking of certain ports and/or the denial of certain services, if, in the judgment of PLHS, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the PLHS servers.
CUSTOMER WEBSITE AND WARRANTIES
The Customer shall be solely responsible (where applicable) for the development, operation, maintenance, renewal, registration and ownership of Customer's website, online store and ecommerce activities including, without limitation (i) the accuracy and appropriateness of the content and material appearing on their website, (ii) ensuring that the content and materials appearing on their website do not violate or infringe upon the rights of any person, company, organization or any other entity and (iii) ensuring that the content and materials appearing on their website are not defamatory or otherwise illegal, (iv) ensuring that the web site and domain name are active and functioning properly. If the Customer operates an online store, sells or provides products and/or services, then the Customer shall be solely responsible for accepting, processing and filling their own customer orders and for handling their own customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its website or online store.
Customer represents and warrants that Customer owns or has the right to use the content and material contained on their website, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. In addition, the Customer grants PLHS the right to reproduce, copy, use and distribute all and any portion of the Customer content to the extent needed to provide and operate the services PLHS provides.
MODIFICATIONS OF THIS AGREEMENT
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. PLHS may make changes to this agreement. However, no significant changes (the significance to be determined by PLHS) can be made without thirty (30) days' written notice provided to Customer, advising of the change and the effective date thereof. Utilization of PLHS services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s).
Uniform Domain Name Dispute Resolution Policy
Fulfillment & Refund Policy
PLHS seeks to fill all orders the same day we receive payment. Exceptions are for dedicated servers and any order flagged for additional review. Refunds are given on a pro-rata basis when requested by the account owner.
The Information We Collect
This notice applies to all information collected or submitted on the PLHS website. On some pages, you can order products, make requests and register to receive materials. The types of personal information collected at these pages are:
Credit/Debit Card Information
When we transfer and receive certain types of sensitive information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor's browser.
The Way We Use Information
We do not share this information with outside parties except to the extent necessary to complete the order.
We use the information you provide about someone else when placing an order only to start a service, order a product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. We will occasionally send our customers emails regarding new features and upgrades to our services for their benefit, and that is the extent of "marketing" done towards our customers. We do not harvest emails nor do we do any data mining on the information we collect.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing users an opportunity to opt-out or otherwise prohibit such unrelated uses. In certain instances (e.g. domain name registrations), you are asked to submit your information yourself for the purposes of receiving information or for purchasing additional products or services that complement the services you order from PLHS. In those instances, you will be advised that you are submitting your information to a third party, and you will be given the opportunity to opt-out of providing that information (and therefore, of purchasing the product or services).
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. As stated, when we transfer and receive certain types of sensitive information, such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor's browser.