Terms of Service & Acceptable Use Policy

This Terms of Service (TOS) / Acceptable Use Policy (AUP) is not exhaustive and Pacific Tech Center reserves the right to modify this TOS/AUP at any time, effective upon posting of the modified TOS/AUP at www.pacifictechcenter.com/tos.htm.

SUBSCRIPTION

Pacific Tech Center offers a subscription based hosting services by completing and submitting our online Services order form (the "Order Form"). Customers may select between monthly, quarterly, semi-annual, and yearly subscription model. Accepted payment methods include all major credit cards (Visa, MasterCard, Amex), PayPal and EFT withdrawals (Canada Only). It is understood that monthly fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription to Pacific Tech Center's Hosting and Related services. Additionally, Pacific Tech Center may provide services involving registration, transfer or renewal of domain name, application services or any other product or service that may be introduced and made available to you from time to time. Your use of all of the services is governed by this Terms of Service (the "TOS") and our Acceptable Use Policy ("AUP")

CANCELLATION POLICY

Upon receiving a cancellation request, all data will be immediately removed from our servers and your account will be cancelled. If the cancellation occurs within the first 30 days of service, a full money back request can be requested and will be issued. Any Dedicated server Dedicated Cluster or VDC is not eligible for the 30 day money back guarantee (exceptions to this may be made, however, a special request must be made in writing and will be determined on a case by case basis). After the 30 day money back guarantee period, Pacific Tech Center does not provide partial monthly credits. However, we will provide pro-rated credits on longer termed (ie 6 month, 12 month, etc) subscriptions less the current, partial monthly fee.

DOMAIN REGISTRATION.

If your Order Form provides for Pacific Tech Center to register, renew or transfer a domain name, the request will be submit the to Enom (the "Registrar") on your behalf for a fee of $13.95 annually for .com, .org or .net domains. Our sole responsibility is to submit the request to the Registrar. Pacific Tech Center is not responsible for any errors, omissions or failures of the Registrar. By ordering Domain Name Services, you are agreeing to the terms posted at http://www.Pacific Tech Center.com/tos.html. You are responsible for closing any account with any prior reseller of Registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.

SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer, of Pacific Tech Center is strictly prohibited. Unauthorized use of other people's accounts or computers, Pacific Tech Center 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 Pacific Tech Center customer, whether or not the attacked account or computer belongs to Pacific Tech Center, 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.

IP ADDRESS OWNERSHIP

Pacific Tech Center shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Pacific Tech Center and Pacific Tech Center reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. IP Address usage must be justifiable, as per ARIN guidelines. Justifiable uses are listed below SSL Encryption - Service Domain - Virtual FTP server - Anonymous FTP server.

STATIC / DYNAMIC CONTENT CACHING

You expressly (i) grant to Pacific Tech Center a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Pacific Tech Center under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

FEES

(a) Recurring Fees. The fee for the Services specified in your Order Form(s) is the "Recurring Fee." Beginning on the Services Start Date, unless otherwise specified on your Order Form, you agree to pay the Recurring Fee in advance on the first day of each billing cycle (the "Due Date"), without invoice. The billing cycle for Recurring Fees is specified in the Order Form.

(b) Non-Recurring Fees. If Pacific Tech Center performs Domain Services, you will be charged a "Domain Registration Fee" as specified on the Order Form. If you use bandwidth or disk space in excess of that provided in your Order Form, you agree to pay a fee ("Overage Fee") for such excess amounts. Pacific Tech Center may charge set-up fees ("Set Up Fee") for certain of the Services; a fee for credit card charge backs ("Charge Back Fee"); and other non-recurring fees relating to the Services. Domain Registration Fees, Overage Fees, Set Up Fees, Charge Back Fees, Reinstatement Fee (as defined below) and all other non-recurring fees relating to the Services are collectively referred to as "Non-Recurring Fees." You agree to pay Non-Recurring Fees when they are incurred.

(c) Fee Increases. Recurring Fees and Non-Recurring Fees are collectively referred to as the "Fees" or individually as "Fee." Pacific Tech Center may increase any or all of the Fees by giving notice to you not less than thirty(30) days prior to the beginning of a Renewal Term applicable to the particular Fee which is subject to increase. Such Fee increase shall be effective on the first day of the applicable Renewal Term. Unless you give notice to Pacific Tech Center of your intent not to renew the Services as provided in Section 3, you are deemed to have accepted the increased Fee for the applicable Renewal Term and any subsequent Renewal Terms (unless the Fees are increased in the same manner for a subsequent Renewal Term).

(d)Payment of Fees. Payment of the Fees shall be made to Pacific Tech Center by credit or check in United States dollars. You authorize Pacific Tech Center, or an agent of Pacific Tech Center, to charge Fees to the Credit Card (Card) during the Term. Pacific Tech Center may charge the Card for (i) Recurring Fees five (5) days prior to or after the Due Date and (ii) Non-Recurring Fees as incurred by you. At its option, Pacific Tech Center may abstain from charging the Card until the next Due Date or until the Fees exceed $50.00. Fees paid are nonrefundable. Fees charged but not disputed within sixty (60) days after the date that they are charged are conclusively deemed accurate. You are required to provide Pacific Tech Center with changes to billing information, such as credit card expiration and change in billing address. Unpaid Fees shall accrue interest at the lesser of the highest rate allowed by applicable law and 1.5% per month. You agree to pay our reasonable costs of collection of overdue amounts, including collection agency fees, attorneys' fees and court costs.

TAXES.

You agree to pay to Pacific Tech Center all sales, VAT or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Pacific Tech Center), regardless of whether Pacific Tech Center fails to collect the tax at the time the Services are provided.

LAWFUL PURPOSE.

Pacific Tech Center reserves the right to refuse service to anyone. Customers may only use Pacific Tech Center servers for lawful purpose. Transmission of any material in violation of any Federal, State, Provincial 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 Pacific Tech Center management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Toronto, Ontario, and any dispute will be litigated or arbitrated in Toronto, Ontario. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Shelburne County Courts. IN NO EVENT SHALL Pacific Tech Center's MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

YOUR INFOMATION.

You represent and warrant to Pacific Tech Center that (i) all information you provide to Pacific Tech Center for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of February, 2006, Balkans, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe. You agree that Pacific Tech Center may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that Pacific Tech Center reasonably believes violates applicable law, and provide any information that it has about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

INDEMNIFICATION.

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY AND HOLD Pacific Tech Center HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Pacific Tech Center, 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. FURTHER CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pacific Tech Center AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Pacific Tech Center's SERVER; (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 Pacific Tech Center's SERVER.

INTELLECTUAL PROPERTY

Material accessible to you through Pacific Tech Center's services may be subject to protection under the United States, Canada, 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 Pacific Tech Center 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 Pacific Tech Center network. If you use a domain name in connection with Pacific Tech Center or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

BACKUP POLOCY.

Shared, Reseller, HAL, Dedicated and VDC Data Back Up Policy: Pacific Tech Center offers backups of all data including web files, data bases and emails. These back ups are available as a courtesy to our clients. It is always recommended that clients maintain their own backups of any and all data. Pacific Tech Center is not responsible for any data loss or potential revenue or financial losses accrued from loss of data. Back Up data may become corrupted or otherwise unusable. We do not guarantee that data can be recovered if lost, and in case of data loss, we will recover data from the latest back up snapshot available.

Dedicated Backup Server Policy: Pacific Tech Center offers a managed dedicated backup solution as part of our offerings. This service is designed for customers to backup off network (off network to Pacific Tech Center Hosting) appliances for day to day file and data base backup/recovery as well as an offsite disaster recovery solution. Pacific Tech Center will provide the dedicated server hardware along with the software required to perform these tasks. However, Pacific Tech Center is not responsible for supporting the end user appliances being backed up. Furthermore, Pacific Tech Center cannot guarantee the integrity of the backups on the servers. The dedicated backup server offering is a single dedicated server with redundant hard drives in a RAID1 array. This sort of hardware can fail. Pacific Tech Center will maintain the hardware and software versions running on the dedicated backup server. We will replace any hardware which fails. If a recoverable backup is not available for a customer when required from their backup server, Pacific Tech Center will refund the current months service payment for the backup service. No other warranty or guarantee is implied or offered with the Dedicated Backup Server offering by Pacific Tech Center Hosting.

NETWORK SECURITY

Customers may not use the Pacific Tech Center 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. Pacific Tech Center 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 are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Pacific Tech Center will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Pacific Tech Center or any of its other customers.

ELECTRONIC COMMERCE

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 there from. 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.

GOVERNING LAW / VENUE.

The Terms of Service shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States, as applicable. The United Nations Convention on the International Sale of Goods shall have no application to the Terms of Service. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE THE STATE AND FEDERAL COURTS IN SAN DIEGO COUNTY, CALIFORNIA, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

LIMITATION OF DAMAGES.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, THE MAXIMUM AGGREGATE LIABILITY OF Pacific Tech Center, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.

SUSPENSION/TERMINATION.

(a) Suspension of Services. You agree that Pacific Tech Center may suspend the Services if: (i) Pacific Tech Center reasonably believes that the Services are being used in violation of the AUP; (ii) you fail to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Pacific Tech Center reasonably believes that suspension of the Services is necessary to protect its network or its other customers, (iv) as required by a law enforcement or government agency, or (v) if the Card cannot be charged for payment in accordance with Section 5. You agree to pay a reasonable fee for reinstatement ("Reinstatement Fee") following any suspension.

(b) Termination by You. The Terms of Service may be terminated by you at any time as long as all Fees then due together with unpaid Recurring Fees for the remainder of the Initial Term or the Renewal Term, as the case may be, are fully paid on the business day following the termination date.

(c) Termination by Pacific Tech Center. The Terms of Service may be terminated by Pacific Tech Center prior to the expiration of the Initial Term or any Renewal Term without liability as follows: (i) upon seventy-two (72) hours notice if you are overdue on the payment of any Fee; (ii) you materially violate any provision of the Terms of Service or the AUP, and fail to cure the violation within ten (10) days after receipt of a written notice from Pacific Tech Center describing the violation in reasonable detail in our sole discretion; (iii) upon twenty-four (24) hours notice if the Services are used in violation of a material term of the AUP more than once, or (iv) upon twenty-four (24) hours notice if you violate Section 8 (Your Information).

DISCLAIMER

Pacific Tech Center WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Pacific Tech Center MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Pacific Tech Center 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 Pacific Tech Center AND ITS EMPLOYEES. Pacific Tech Center RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.