TERMS OF SERVICE

THE USE OF PRODUCTS AND SERVICES PROVIDED BY PIERSIDE INTERNET CONSTITUTES YOUR
AGREEMENT TO THESE TERMS OF SERVICE:

1. Account Setup / Email on file / Shipping - Delivery
We will ship your product, setup your account, and/or commence design/programming activities after we have received payment or after our payment partner(s) have processed your credit/debit card payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under or an anonymous domain such as Yahoo. 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 Pierside Internet, 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. Pierside Internet is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

2. Content
All services provided by Pierside Internet may only be used for lawful purposes. The laws of the State of California, the State of Colorado, and the United States of America apply.

The customer agrees to indemnify and hold harmless Pierside Internet 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. Any account found to be in violation of copyright laws will be suspended and/or terminated from our hosting.

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. The same holds true regarding the sale of services that, in our judgment, are fraudulent, misrepresented, or nonexistent.  Any account found to be in violation of the foregoing will be terminated with or without notice.

If in doubt regarding the acceptability of your site or service, please contact us at admin@PiersideInternet.com and we will be happy to assist you.

Failure to respond to email from our admin department within 48 hours may result in the suspension or termination of your services. Any abuse-related email from our admin department must be responded to within 24 hours.

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.

Pierside Internet, including all related equipment, networks and network devices are provided only for authorized customer use. Accounts may be monitored for 
all lawful purposes, including to ensure 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 Pierside Internet system(s) constitutes consent to monitoring for these purposes.

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. Pierside Internet may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

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.

Web Control Panels contain sophisticated features that can impact server functionality or performance in an adverse fashion if tampered with by persons unfamiliar with their use.  Similarly, tampering with web directories and/or files can impact page functionality or visibility.  In the event server functionality or performance is negatively impacted due to customers action, a minimum $45 service fee will be charged to correct changes or damage to the server or its features. Repair activity that extends beyond one hour will be billed to the customer at the rate of $45 per hour.  Failure by customer to promptly remit charges will result in account suspension.

3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased 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, 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.

Pierside Internet 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.

Pierside Internet reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Pierside Internet.

4. Payment Information
You agree to supply appropriate payment for the services received from Pierside Internet, in advance of the time period during which such services are provided. You agree that until and unless you notify Pierside Internet of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid after the due date, invoices will not be automatically generated. However, after the customer notifies Pierside Internet of his or her intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing by sending email to admin@PiersideInternet.com and by telephone. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes.  We require that cancellations of service are done by email and telephone to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a customer of Pierside Internet, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Pierside Internet of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Pierside Internet. Pierside Internet reserves the right to bill your credit card or billing information on file with us. Pierside Internet provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding 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. The $10 late fee is applied in addition to whatever else is owed to Pierside Internet for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our admin department via email at admin@PiersideInternet.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Pierside Internet cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.  In the event Pierside Internet initially registered the domain, annual renewals will not be made by Pierside Internet until the customer has paid domain renewal fees in full and in advance of the expiration date.

Pierside Internet reserves the right to change the monthly payment amount and any other charges at anytime.

5. Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Pierside Internet is not responsible for files and/or 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 Pierside Internet servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Pierside Internet.

6. Cancellations and Refunds
Pierside Internet reserves the right to cancel, suspend, or otherwise restrict access to the account for cause at any time with or without notice.

Any abuse of our staff in any way or fashion will result in the suspension or termination of your services.

Customers may cancel at any time by email and telephone call subject to the following terms and conditions. Cancellation will be deemed received when Piersideside Internet acknowledges customer's notice by email.

The following methods of payment are non-refundable, and refunds will be posted only as credit to the customer's account:

* Bank Wire Transfers
* Western Union Payments
* Checks (within 90 days of transaction)
* Money orders
* Credit/Debit Cards (Transactions for web design or server/browser-side programming services may not be cancelled  after design and/or development work has progressed to a point where any portion of the new project has been uploaded to the web server and is visible to the public. For purposes of clarification, design and/or development services shall include any of the following: website design, development and/or update, website facelifts, application development, coding or code modification, new account set-up where customer has visual access to Pierside Internet server features and proprietary content, meta tag development or SEO, or any other work that Pierside Internet has commenced or made significant progress on.)

There are no refunds on dedicated servers, administrative fees, install fees for custom software, domain name purchases, webmaster services, web design services, or prepaid hosting.

Transactions for web design or server/browser-side programming services may not be cancelled  after design and/or development work has progressed to a point where any portion of the new project has been uploaded to the web server and is visible to the public.  For purposes of clarification, design and/or development services shall include any of the following: website design, development and/or update, website facelifts, application development, coding or code modification, new account set-up where customer has visual access to Pierside Internet server features and proprietary content, meta tag development or SEO, or any other work that Pierside Internet has commenced or made significant progress on.

Any account terminated due to a violation of the Terms of Service will not be entitled to a refund.  

7. Resource Usage
Customer may not:
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
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of using include("http://yourdomain.com/include.php"), use include("include.php")

8. 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.

9. Hosting Account Passwords
Pierside Internet reserves the right to reset the password on an account if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their hosting account on file to prevent downtime from forced password resets. Pierside Internet reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Hosting 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 most simple solution.

10. Price Change
We reserve the right to change product and service prices at any time.  Prices will never be changed during the period in which services have been prepaid.

11. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Pierside Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Pierside Internet, 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 Pierside Internet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Pierside Internet; (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 Pierside Internet's server.

12. Arbitration
By using any Pierside Internet services, you agree to submit to binding arbitration. If any disputes or claims arise against Pierside Internet or its subsidiaries, such disputes will be handled by an arbitrator of Pierside Internet's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California or the state of Colorado, the choice to be made solely by Pierside Internet. 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. You are also responsible for any and all costs related to such arbitration.

13. Disclaimer
Pierside Internet shall not be responsible for any damages your business may suffer. Pierside Internet makes no warranties of any kind, expressed or implied for services we provide. Pierside Internet 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 Pierside Internet and its employees.

14. Disclosure to law enforcement
Pierside Internet 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.

15. Severability
If any provision or provisions of these Terms Of Service shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 

16. Changes to the TOS
Pierside Internet reserves the right to revise its policies at any time without notice. It is the responsibility of each customer to periodically review Pierside Internet Terms Of Service and Privacy Notice.