”Pandasam cc”
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)

”Pandasam cc” provides web hosting to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing onthe various “Pandasam cc” upstream data centre servers.

Content:
All services provided by “Pandasam cc” may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any local or international law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless “Pandasam cc” from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related web hosting of any kind is prohibited on all “Pandasam cc” servers. This includes sites that may infer sexual content, or links to adult content elsewhere. “Pandasam cc” will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to “Pandasam cc” servers or any other server on the internet. Links to such materials are also prohibited.

We also do not allow sites with political content as 'hate sites', Nazi stuff, or sites that propagate political activity against specific races or countries.

Examples of unacceptable content or links or usage:

Pirated (cracked) software
Hacker programs or archives
Warez sites
Copyrighted Material (e.g. MP3's)
Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.

We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if an emergency - your account would be disabled.

“Pandasam cc” will be the sole arbiter as to what constitutes a violation of these terms.

Traffic Usage
All account plans come with a free-upgrade traffic allowance. This means if your site exceeds the default of 3Gigs, we will increase it for you at no extra cost, and as long as traffic is not the result of file storage or file sharing methods.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an “Pandasam cc” server or using an email address or domain that is maintained on an “Pandasam cc” machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. “Pandasam cc” will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background, however should these programs cause server performance issues, we will ask you to stop.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Forums:
You will be allowed to install any kind of Forums software. However - many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of “Pandasam cc” is strictly prohibited.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.

All Sub-Networks, and distributive hosting sites servers of “Pandasam cc” must adhere to the above policies.

BILLING:
Recurring Billing:
We send out invoices each month. All credit cards are billed automatically monthly, quarterly or semi-annual. Debit orders are processed monthly. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification requesting manual payment, or new billing information. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.

Account Deactivations:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of R100.00 to be paid prior to reactivating the account.

Cancellation Refunds:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded.

Currency
All prices are in South African Rands. We are not responsible for any currency exchange fees of your credit card company or your bank.

LIMITATION OF LIABILITY:
“Pandasam cc” shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from “Pandasam cc” servers going off-line or being unavailable for any reason whatsoever. Furthermore, “Pandasam cc” shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of “Pandasam cc” servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.

You agree to indemnify, defend, and hold harmless “Pandasam cc” from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, “Pandasam cc”, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Violations of these Acceptable Uses Policies should be referred to

support@pandasam.co.za

All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.

DISCLAIMER:
“Pandasam cc” cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain equipment, routing, software, and programming used by “Pandasam cc” are not directly owned or written by “Pandasam cc”. We also depend on the services and terms of our upstream data centres. Moreover, “Pandasam cc” holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as “Pandasam cc” sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!

ACCOUNT ACTIVATION:
By activating your account with “Pandasam cc”, you agree to the above policies and disclaimer.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE, “Pandasam cc” retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to “Pandasam cc”, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply “Pandasam cc” with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Money Back Guarantee: If you do not like our service during the first 30 days and you would like to move-on to a different web hosting provider we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you used more than 2 GB bandwidth on your account. This is to protect “Pandasam cc” from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 30 days as well as 2 GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 30 day money back guarantee only applies to web hosting services. Domain Name Registration or web design services or any other services we might provide are not included and not covered under this guarantee.