The use of services from PoweredPresence, LLC [hereafter referred to as "PoweredPresence"] constitutes agreement to these terms. You may view our Privacy Policy here.
1a.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. 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. 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.
1b.) Transfers
Our transfers team will make every effort to help you move your site to us; however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, 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 PoweredPresence may only be used for lawful purposes. The laws of the State of Indiana and the United States of America apply.
The customer agrees to indemnify and hold harmless PoweredPresence 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. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@PoweredPresence.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of prohibited material on all Shared, Reseller, Semi-Dedicated, VPS, and Dedicated Servers include:
IRC Bots, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service please contact us at abuse@PoweredPresence.com and we will be happy to assist you.
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.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
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 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username 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. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read this for our generalized mail policy.
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.
PoweredPresence 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.
PoweredPresence reserves the right to charge the holder of the account used to send any unsolicited e-mail an investigation and clean-up fee at the rate of $75 per administrative hour.
If your actions have caused any IP addresses of any of PoweredPresence's servers to be placed on any blacklists or any other email filtering software systems, a $75 charge will be added to your account in addition to $75 per hour beyond the first hour for administrative charges incurred to remove and protect our servers and IP addresses from any blacklists or other email filtering software systems.
4.) Payment Information
You agree to supply appropriate payment for the services received from PoweredPresence, in advance of the time period during which such services are provided. You agree that until and unless you notify PoweredPresence of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of PoweredPresence, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. PoweredPresence provides a 2 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 2 days and not paid will result account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5, whichever is greater, when they become 14 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated.
Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact billing@PoweredPresence.com.
PoweredPresence reserves the right to change the monthly payment amount and any other charges at any time.
5.) Backups and Data Loss
Your use of the service is at your sole risk. PoweredPresence 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 PoweredPresence servers. While PoweredPresence does maintain backups of your files and/or data on our Shared, Reseller, and VPS platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. Dedicated Server services are not backed up by PoweredPresence.
6.) Cancellations and Refunds
Cancellations must be submitted via our Billing and Support system at http://www.PoweredPresence.com/support/. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Dedicated server cancellations must be submitted at least 10 days prior to your renewal date. PoweredPresence reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at PoweredPresence's discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.
There are no refunds for lifetime plans, design services, whmcs integrations, domain registrations, cPanel Licenses, or LiteSpeed Licenses. VPS cPanel Licenses included with VPS services are valued at $10 per month.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via the cancellation form in your client dashboard. PoweredPresence gives you an unconditional 30 day money back guarantee on managed shared, semi-dedicated, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy and no refund will be granted.
7a.) Resource Usage
Users may not:
- Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
7b.) Backup Generation
The backup process which packages and compresses your account can be very resource intensive and as such all backup processes should be performed during off-peak times as defined in section 7c of this document. Any backup process found to be causing performance issues for others on the server due to backup generation during peak time periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department. Reseller accounts may not generate a backup for more than a single account at a time.
7c.) Backup Generation - Off-Peak Times
Off-peak times which are acceptable for backup generation are defined as:
- Monday through Friday from 10 PM to 7 AM (GMT-5).
- Saturday at 10 PM to Monday at 7 AM (GMT-5).
7d.) IPv4 Addresses (IP Addresses)
PoweredPresence does not recognize or condone the usage of Dedicated IP addresses in a shared, reseller, or semi-dedicated environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate can, at our discretion and without warning, be moved to a shared IP address of our choosing.
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. You will be billed for bandwidth usage beyond your allocated amount at the rate of $0.20 per gigabyte in 100 GB blocks. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On virtual private servers, dedicated servers, colocation, lifetime plans, and design services no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of PoweredPresence's managed shared, reseller, and semi-dedicated servers carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared, reseller, and semi-dedicated packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Any domain name registered for free is valued at $14.95 and will not be refunded.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of PoweredPresence dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing@PoweredPresence.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared, reseller, and semi-dedicated solutions.
9c.) Network Availability Guarantee
Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Semi-Dedicated offerings are covered by our Uptime Guarantee.
10.) Shared (non-reseller accounts) / Semi-dedicated Servers
Shared and semi-dedicated accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account, virtual private server, or dedicated server.
11.) Price Change
The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on PoweredPresence.com, and the right to increase the amount of resources given to plans at any time.
12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold PoweredPresence harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PoweredPresence, 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 PoweredPresence against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PoweredPresence; (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 PoweredPresence's server.
12b.) Limited Liability
Under no circumstances, including negligence, shall PoweredPresence, its offices, agents or any one else involved in creating, producing or distributing PoweredPresence services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the PoweredPresence services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to PoweredPresence's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on PoweredPresence's servers.
12c.) Arbitration
By using any PoweredPresence services, you agree to binding arbitration. If any disputes or claims arise against PoweredPresence or its subsidiaries, such disputes will be handled by an arbitrator of PoweredPresence's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
13.) Disclaimer
PoweredPresence shall not be responsible for any damages your business may suffer. PoweredPresence makes no warranties of any kind, expressed or implied for services we provide. PoweredPresence 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 PoweredPresence and its employees.
14.) Disclosure to law enforcement
PoweredPresence may disclose any subscriber information and files, databases, access logs, and other account data 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 of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
16.) Changes to the Terms of Service
PoweredPresence reserves the right to revise its policies at any time without notice.