Terms of Service

IMPORTANT NOTICE: All Payments To PTMC Internet Services are Non-Refundable unless they fall under the 30 Day Money Back Guarantee!

PTMC Internet Services (“The Company”) agrees to furnish services to the client, subject to the following TOS (Terms of Service).

Right to Refuse Service

PTMC Internet Services reserves the right to refuse it’s services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.

Use of PTMC Internet Services Service constitutes acceptance and agreement to PTMC Internet Service’s AUP, PTMC Internet Service’s TOS (Terms of Service) as well as PTMC Internet Services (Service Level Agreement).

All provisions of this contract are subject to the TOS (Terms of Service) of PTMC Internet Services, AUP (Acceptable Use Policy) and PTMC Internet Services (Service Level Agreement). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania applicable to contracts enforceable in that state. Venue will be the city of Philadelphia, Pennsylvania.

Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition PTMC Internet Services shall have the right to terminate all service set forth in this Agreement.

Service Rates

Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

Temporary access to account

The customer is allowed to use the IP/~username/ (for temporary access to site, prior to domain name propagation) for fourteen days after the account setup procedure. Following this time period, it will be disabled and a domain name will be required to access the account.

Payments and Fees

NOTICE:

PTMC Internet Services utilizes the Credit Card processing services of PayPal, and as such must abide by the Terms of Service of said companies. All Credit Card and e-check purchases will be sold/processed by PayPal. All services will be provided by PTMC Internet Services.

Declined and Late Payment Fees

Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge for virtual and reseller accounts and a $200 reconnection fee for dedicated servers. Accounts not paid by due date are subject to a $20.00 late fee. Accounts that are not collectable by PTMC Internet Services will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay PTMC Internet Services a “Processing and Collection” Fee of not less than $50 and not more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS in the Account Cancellation section.

Account Deletion

Accounts not paid in full within 30 days of the due date will be terminated. All data in the account will be lost. PTMC Internet Services is not responsible for any loss of data or damages due to this loss of data.

Refund and Disputes

All payments after the initial 30 days of service to PTMC Internet Services are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in PTMC Internet Service’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay PTMC Internet Services an “Administrative Fee” of not less than $50 and not more than $150.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation

All requests for canceling accounts must be made in writing with at least 15 days notice but not more than 60 days prior written notice and sent to PTMC Internet Services Attn: Cancellations, PO Box 21396, Owensboro, KY 42304, or you may email a cancellation request.. Dedicated server cancellations must be faxed to our account Service Department, the phone number may be requested. You must have all account information to cancel and include your signature.

Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries

PTMC Internet Services provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: PTMC Internet Services provides support related to your server or functioning. PTMC Internet Services does not offer tech support for application specific issues such as CGI, JavaScript, PHP or ASP programming, html or any other such issue. PTMC Internet Services does not provide technical support for YOUR Clients. If you can email, we encourage you to email us or utilize the online ticket system  for assistance. Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, customer installed software/scripts, or Control Panel functionality. If a staff member of PTMC Internet Services is required to login to your server to provide support, system administration fees can be applied to your account. Charges are applied at an hourly rate and applied to the next billing cycle.

SPAM and Unsolicited Commercial Email (UCE)

PTMC Internet Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of PTMC Internet Services may not use or permit others to use our network to transact in UCE. Clients of PTMC Internet Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of PTMC Internet Service’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PTMC Internet Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, PTMC Internet Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PTMC Internet Services may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, PTMC Internet Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PTMC Internet Services will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $150 per hour that PTMC Internet Services personnel must spend to investigate the matter.

PLEASE, DO NOT SPAM from your account.

As our Clients are ultimately responsible for the actions of their clients over the PTMC Internet Services network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Domains Registration Data  When you register or transfer a domain name, you are required to provide us with certain information. This information includes:

Your full name, postal address, e-mail address, voice telephone number, and fax number if available.

The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation.

The IP addresses of the primary name server and any secondary name server(s) for the TLD name; The corresponding names of those name servers.

The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the TLD name; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the TLD name.

The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the TLD name; and any remark concerning the registered TLD name that should appear in the WHOIS directory.

You agree to update this information to keep it current, complete and accurate. You also agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

Inaccurate or Unreliable Data.  If member deliberately provides inaccurate or unreliable information, or fails to promptly update necessary information, or fails to respond to our email inquiries within five calendar days, such  actions shall constitute a breach of this Agreement.

Network  IP Address Ownership

If PTMC Internet Services assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to PTMC Internet Services, and Customer shall have no right to use that Internet Protocol address except as permitted by PTMC Internet Services in its sole discretion in connection with the Services, during the term of this Agreement. PTMC Internet Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by PTMC Internet Services, and PTMC Internet Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage

Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an “overage” as detailed on the PTMC Internet Services website. PTMC Internet Services will monitor Customer’s bandwidth via MRTG. PTMC Internet Services shall have the right to take corrective action if Customer’s bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in PTMC Internet Service’s sole and absolute discretion. If PTMC Internet Services takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, PTMC Internet Services may, at its sole discretion, collect a deposit, in an amount determined by PTMC Internet Services, against customer’s credit card on file with PTMC Internet Services.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the PTMC Internet Services Network. Violations of system or network security may result in civil or criminal liability. PTMC Internet Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Addition of IP addresses that have not been specifically assigned to the server.

Notification of Violation

PTMC Internet Services is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation

Any User, which PTMC Internet Services determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at PTMC Internet Service’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation

Users that PTMC Internet Services determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation

PTMC Internet Services reserves the right to suspend network access to any customer if in the judgment of the PTMC Internet Services network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which PTMC Internet Services chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s accounts/machines were suspended.

PTMC Internet Services reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of PTMC Internet Services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification

PTMC Internet Services wishes to emphasize that in agreeing to the PTMC Internet Services Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies PTMC Internet Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to PTMC Internet Services or the bringing of any claim against PTMC Internet Services by any third-party. This means that if PTMC Internet Services is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against PTMC Internet Services, plus all costs and attorney’s fees.

Miscellaneous Provisions

You MUST provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation.

PTMC Internet Services takes no responsibility for any material input by others and not posted to the PTMC Internet Services Network by PTMC Internet Services. PTMC Internet Services is not responsible for the content of any other websites linked to the PTMC Internet Services Network; links are provided as Internet navigation tools only. PTMC Internet Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

PTMC Internet Services is not responsible for any damages your business may suffer. PTMC Internet Services does not make implied or written warranties for any of our services. PTMC Internet Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PTMC Internet Services.

Responsibility for Content

You, as PTMC Internet Service’s customer, are solely responsible for the content stored on and served by your PTMC Internet Services server.