PakiWebHost TERMS OF SERVICES

Terms Of Service

These Terms of Service (the “Agreement”) are an agreement between Pakiwebhost.com, LLC (“Pakiwebhost” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Pakiwebhost and of the Pakiwebhost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

The initial service term of the agreement shall begin on the date that Pakiwebhost activates the User’s account. The User will be charged on a monthly basis, where the User’s can opt to renew automatically or manually. Pakiwebhost agrees to allow the User to cancel and terminate their services at any time, as long as it’s before the due date.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Pakiwebhost is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Pakiwebhost Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Term and Payment for Services

The initial service term of the agreement shall begin on the date that Pakiwebhost activates the User’s account. The User will be charged on a monthly basis, where the User’s can opt to renew automatically or manually. Pakiwebhost agrees to allow the User to cancel and terminate their services at any time, as long as it’s before the due date.
Fees: Fees are paid on the first date of the new billing cycle. Invoices will be generated five (5) days before the due date, with a reminder being sent three (3) days before the due date. Pakiwebhost will send the User an overdue reminder one (1) day after the due date, with a second overdue reminder being sent two (2) days after the due date. Pakiwebhost will send a final and third overdue reminder three (3) days after the due date.

Users can choose to renew their account automatically by selecting the option when placing their first order. Users can also opt to manually pay their fees. If a User has a credit balance on their account, Pakiwebhost will automatically apply the credit toward the newest dues. If a User does not pay their fees within three (3) days of the billing date, Pakiwebhost will automatically suspend the account. Pakiwebhost reserves the right to terminate a User’s account at anytime if the balance is left unpaid.

Without limiting anything stated foregoing, Pakiwebhost is entitled to charge a certain late fee if the User fails to pay their fees or renew their account in the timely fashion.

The credit card payments will involve a detailed verification of the information relating to user such as user ID to prevent any potential fraud. However, no such verification is required if you use any other payment method.

Fee Increases: Pakiwebhost reserves all rights to increase service fees. User can accept the fee increase by renewing their account. If the User does not accept the fee increase, they can cancel/terminate their account with Pakiwebhost.

Taxes: Pakiwebhost does not charge Users taxes of any kind.
Early Termination: User acknowledges that the amount of the fee for the service is based on the User’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Pakiwebhost terminates the Agreement for User’s breach of the Agreement, or Customer terminates the service other than in accordance with Termination requirements for Pakiwebhost’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

Refunds: Pakiwebhost offers a 14-day money back guarantee. A claim may only be made within the first 14 days starting from the Service Commencement date; provided that the foregoing guarantee is valid only for new customers, and no re-subscribers can request the refund under the foregoing provisions. The 14-day refund does not cover added-on fees, domain name registration, SSL certificates and promo/discount offers etc. Pakiwebhost reserves the right to refuse the money back guarantee if it believes that a User is abusing the refund policy that’s been offered in goodwill or if the User is abusing Pakiwebhost’s Terms of Service.

We will take almost 5 to 10 business days to process the refund requests.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Pakiwebhost. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Domain Payments.

It is solely your responsibility to notify Pakiwebhost’s Billing department via a support ticket created from https://server.Pakiwebhost.com/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Pakiwebhost is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Pakiwebhost may report any such misuse or fraudulent use, as determined in Pakiwebhost’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Cancellation Process

You may terminate or cancel the Services by giving Pakiwebhost written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Pakiwebhost may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, 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 line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” Pakiwebhost will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared accounts will be effective on the account’s renewal date.

Foreign Currencies

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Pakiwebhost is not responsible for any change in exchange rates between the time of payment and the time of refund.

Suspension/Termination

Suspension of Service: User agrees that Pakiwebhost may suspend services to User without notice and without liability. This only applies under the following circumstances: 1) Pakiwebhost reasonably believes that the services are being used in violation of the AUP; 2) User fails to cooperate with any reasonable investigation of any suspected violation of the AUP; 3) Pakiwebhost reasonably believes that the service suspension is necessary to protect the network or other Users. User agrees to pay reasonable reinstatement fee if the service is reinstituted following a suspension of service under this subsection.

Termination the Agreement: The Agreement may be terminated by User prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Pakiwebhost fails in a material way to provide the service in accordance with the terms of the Agreement. User must alert Pakiwebhost to the failure in writing and in reasonable detail. Pakiwebhost has up to 10 (ten) days to provide a remedy to this failure.

The Agreement may be terminated by Pakiwebhost under any of the following parameters: 1) If the User is overdue on the payment of any amount due under the Agreement; 2) User violates any provision of the Agreement, including the AUP, and fails to address the violation within thirty days of written notice from Pakiwebhost ; 3) User is in violation of the Agreement a second time; and 4) User does not provide accurate contact information.

Back-Up Copy

User agrees to maintain a copy of all content hosted by Pakiwebhost notwithstanding any allowances made by Pakiwebhost in this Agreement to provide back-up services.

CPU, Bandwidth and Disk Usage

All use of hosting space provided by Pakiwebhost is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Pakiwebhost expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Pakiwebhost may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Pakiwebhost’s terms and conditions.

Price Change

Pakiwebhost reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Pakiwebhost through the user billing tool or through other methods of communication, including notices sent or posted by Pakiwebhost.

Limitation of Liability

IN NO EVENT WILL Pakiwebhost ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Pakiwebhost IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Pakiwebhost’s LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Pakiwebhost FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HERE UNDER WILL NOT INCREASE THIS LIMIT.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

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