Premier Innovations - Terms of Service
Premier Innovations (referred to as "PI" for the remainder of this document) provides Internet World Wide Web page hosting,
Design and Development Services. PI has certain legal and ethical responsibilities consisting with the use of its server and
equipment involved in these services.
PI's general policy is to act as a provider of Internet presence. PI has specific ethical concerns regarding the use of its
computers detailed below. PI reserves the right to suspend or cancel a customer's access to any or all services provided by
PI at any time, including but not limited to when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of PI is strictly prohibited.
Unauthorized use of other people's accounts or computers PI will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into
releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a PI customer, whether or not the attacked account or computer belongs to PI,
will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil
or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - PI has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and
conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to
violation of the terms outlined below.
Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited
emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial
numbers, and/or anything else determined by PI to be unacceptable use of PI's services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred,
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any
group or individual
- Displaying material containing illegal nudity and/or pornographic material
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any
type of cracker utilities.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
PI takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without
warning and without refund.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly
unethical and will be treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size
of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop
receiving e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through PI (spamvertising), then the
provisions of the above Policy shall apply as if the spam were sent through our servers.
99.99% Uptime Guarantee
This 99.99% uptime guarantee applies to any PI client in good financial standing with PI at the time of a service outage.
(2.) Service Level Agreement & Specifications
PI endeavors to have the content of your web site available for http access by any party in the world 99.99% of the time. Network
downtime (unavailability) is defined as 100% packet loss from PI to its backbone providers. Downtime is measured past 10 minutes
after notification of network failure via PI's online ticketing system. If the ticketing system itself is unreachable, then the
ticket must be opened by calling PI Support. PI's administrators will determine the end of the downtime by a traceroute to the
customer's machine from outside the PI network.
For managed dedicated server and co-location customers if the uptime is between 98.9% and 99.99% for any particular month the
credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services
during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges
incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may
be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit
not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced
the down time. You must request credit by sending an electronic mail message to email@example.com. For security, the
body of this message must contain your account number, the dates and times of the unavailability of your website, and such other
customer identification requested by PI. Credits will usually be applied within sixty (60) days of your credit request. Credit
to your account shall be your sole and exclusive remedy in the event of an outage.
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted
from time to time at PI, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or
(3.) circumstances beyond PI's reasonable control, including, without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer,
failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed
for provision of your web site, or (4.) a client breaking any item in PI's "terms of conditions and acceptable use policy" causing
a machine to fail as a result.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and/or major account changes and are
non-refundable. All pricing is guaranteed for the term of pre-payment. PI reserves the right to change prices at any time, unless
other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time
frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was
established to the time that the customer notifies PI at firstname.lastname@example.org to request for termination of services. All
payment is in U.S. currency. PI will bill each client $50 per returned check, per wire transfer received and per credit card chargeback
received. All PI accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length
that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter
billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle,
there will be a $50.00 fee. Please contact the billing department at email@example.com should you wish to change your
anniversary billing cycle.
PI reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by PI if
PI institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer
(i.e. transfer, space etc.)
All of PI's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services
or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees,
domain registration fees, SPI certificate purchases, addon/upgrade fees and overages. Setup fees are refundable only if the account
order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees
and overages will be refunded if PI is notified within the first 30 days following activation. No refund is available after the 30th
day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space,
additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via e-mail
to firstname.lastname@example.org. Phone or fax requests will not constitute acceptance of any cancellation. Refunds will be made by
company check or issued back to your credit card within 30 days of receipt of cancellation.
Intellectual Property Rights
Material accessible to you through PI's services may be subject to protection under the United States or other copyright laws, or
laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights,
you must not use PI or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive through the PI network. If you use a domain name in connection with PI
or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third
Customers may not use the PI network with an attempt to circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is
not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of
any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This
includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PI will
cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may
incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and
materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and
materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the
store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content
and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible
for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing,
and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as
a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and
will use the same degree of care and security as you use with your confidential information.
IP Address Ownership
PI shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by PI and PI reserves, in its
sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay PI prior to the effectiveness of the desired domain name registration, the then-current amounts set forth
in the PI price schedule for the initial registration of the domain name and, should Customer choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration
is suspended, cancelled or transferred prior to the end of Customer's then current registration term. PI reserves the right to change
fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain
name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration
in an email from PI to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card
company (or similar action by another payment provider allowed by PI) in connection with the payments of the registration fee for
Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to PI as
the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without
limitation, the right to make the domain name available to other parties for purchase. PI will reinstate Customer's domain name registration
solely at PI's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
It is strongly recommended that Customer maintains, at their expense, property Insurance of an "all risk" form covering any and all
equipment and personal property owned or leased by Customer and used or stored on PI's premises. PI does not provide property Insurance
for Customer owned equipment or personal property used or stored on PI's premises.
Privacy is a top priority here at Premier Innovations. We collect from our customers only the data necessary to provide the agreed upon
services. We will never reveal any customer information to any 3rd party unless instructed to by a court of law.
PI reserves the right to refuse service to anyone. Customers may only use PI server for lawful purpose. Transmission of any material in
violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material
legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described
above is left entirely to the discretion of PI management. Regardless of the place of signing this agreement, the client agrees that
for purposes of venue this contract was entered into in Los Angeles County, California, and any dispute will be litigated or arbitrated
in Los Angeles County, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation
will be held in Los Angeles County courts. IN NO EVENT SHALL PI'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD PI HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST PI, 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 PI AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED
BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH PI'S SERVICE; (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
CUSTOMER FROM PI'S SERVER.
PI WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS OR PROPERTY MAY SUFFER. PI MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. PI DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PI AND ITS EMPLOYEES. PI RESERVES
THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS AND RESELLERS OF PI MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW
ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.