Pennywise-Hosting
Where Hosting Should Not Cost The Earth
© Pennywise Hosting

Terms & Conditions.

Terms of Service (TOS) & Acceptable User Policies (AUP)

THIS AGREEMENT BETWEEN Pennywise Hosting [hereafter referred to as "Pennywise Hosting"]  and you, where YOU is referred to as (“Account Holders "Users",

“Members”, “Customers”, or “Subscribers”)

WHEREAS Pennywise Hosting agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration to the User.

UNLIMITED Web Hosting with Pennywise Hosting:-

User should understand that UNLIMITED is a freedom for hosting. Limmitations are set for UNLIMITED Web Hosting plan. Misuse of the freedom will result in limiting

of space/bandwidth, suspension or termination of the account with or without notice. We have 5 main limitations concerning with UNLIMITED Web Hosting Plan.

To avoid server overload we do not allow uploading of single files over 32 MB and simultaneous uploads of large files by php.ini.

For uninterrupted hosting services we do not allow CPU Over usage(More than 5% per account)

We do not allow hosting & distributing of copyright-infringing material, Commercial Image Hosting and Audio/Video Streaming (more than one or two streams)

Hosting & Sharing large amounts of data not specifically tied ("linked") to your hosting account is not allowed.

To avoid server overload we do not allow more  than 12Gb Disk space for single account.

Any user account violating the 5 main limitations above and the TOS below will result in limiting of resources or suspension or termination without any pre-notice

Use of Pennywise Hosting Service constitutes acceptance and agreement to Pennywise Hosting's policies are subject to the terms above and as follows:

1.) 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) in case 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. If you

have a domain name registered with Pennywise Hosting, it is your responsibility to ensure that the contact information for your domain account and your actual

domain name(s) is correct and up-to-date. Pennywise Hosting is not responsible for a lapsed registration due to outdated contact information being associated with

the domain. If you need to verify or change this information, you should contact our sales/support team via email. 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.

2.) Content

All services provided by Pennywise Hosting may only be used for lawful purposes, as deemed by UK law.

The customer agrees to indemnify and not hold Pennywise Hosting for 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 unauthorised 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. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in

repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon,

please email support@PennywiseHosting.com with the information required.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of

your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

Topsites (Warez etc.,)

IRC Scripts/Bots

Proxy Scripts/Anonymizers

Pirated Software/Warez

Image Hosting Scripts (similar to Photobucket or Tinypic)

AutoSurf/PTC/PTS/PPC sites

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

Banner-Ad services (commercial banner ad rotation)

File Dump/Mirror Scripts (similar to rapidshare)

Commercial Audio/Video Streaming (more than one or two streams)

Escrow/Bank Debentures

High-Yield Interest Programs (HYIP) or Related Sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

Sale of any controlled substance without prior proof of appropriate permit(s)

Prime Banks Programs

Lottery Sites

MUDs/RPGs/PBBGs

Hateful/Racist/Harassment oriented sites

Hacker focused sites/archives/programs

Sites promoting illegal activities

Forums and/or websites that distribute or link to warez/pirated/illegal content

Bank Debentures/Bank Debenture Trading Programs

Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Mailer Pro, Spamming/ bulk mailing/ mailing script

E-commerce website like shopping card, online sell and purchase etc also not allow.

heavy resources used on server

hosted domain should be a valid extension and which also available on all registration (mostly) services.

if Any user account violating these points, then that account will be suspended or terminated without any pre-notice and proof.

Examples of unacceptable material on all Dedicated servers include:

IRCD (irc servers)

IRC Scripts/Bots

Pirated Software/Warez

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/spam Scripts

Escrow

High-Yield Interest Programs (HYIP) or Related Sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

Sale of any controlled substance without prior proof of appropriate permit(s)

Prime Banks Programs

Lottery Sites

Hateful/Racist/Harassment oriented sites

Hacker focused sites/archives/programs

Sites promoting illegal activities

Forums and/or websites that distribute or link to warez/pirated/illegal content

Bank Debentures/Bank Debenture Trading Programs

Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Mailer Pro

Pennywise Hosting services, including all related equipment, networks and network devices are provided only for authorised customer use. Pennywise Hosting

systems may be monitored for all lawful purposes, including to ensure that use is authorised, for management of the system, to facilitate protection against

unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied

and used for authorised purposes. Use of Pennywise Hosting system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a

third party network or system without authorisation from the third party is subject to suspension. Access to networks or systems outside of your direct control must

be with expressed written consent from the third party. Pennywise Hosting may, at its discretion, request and require documentation to prove access to a third party

network or system is authorised.

We reserve the right to refuse service to anyone. Any material that, in our judgement, is obscene, threatening, illegal, or violates our terms of service in any manner

may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result

in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt

regarding the acceptability of your site or service, please contact us at support@pannywise-hosting.com and we will be happy to assist you.

Pornography contents are not encouraged. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be

child pornography.

Any site found to host pornography, child pornography or linking to pornography, child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction

of this type may result in the immediate termination of your account. 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 755 or as restrictive as possible. Users are ultimately responsible for all actions

taken under their account. This includes the compromise of credentials such as user name 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

Pennywise Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that

customers of Pennywise Hosting may not use or permit others to use our network to transact in UCE. Customers of Pennywise Hosting may not host, or permit

hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Pennywise Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Pennywise Hosting will

initiate an immediate investigation During the investigation, Pennywise Hosting may restrict customer access to the network to prevent further violations. If a

customer is found to be in violation of our SPAM policy, Pennywise Hosting may, at its sole discretion, restrict, suspend or terminate customer's account without any

intimation or notice. Further, Pennywise Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy

violation. Pennywise Hosting will notify law enforcement officials if the violation is believed to be a criminal offence. As our Customers are ultimately responsible for

the actions of their clients over the Pennywise Hosting network, it is advisable that customers develop a similar, or stricter, policy for their clients. 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. Pennywise Hosting 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. Pennywise Hosting

reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of

the clean up fee is entirely at the discretion of Pennywise Hosting.

4.) Payment Information

You agree to supply appropriate payment for the services received from Pennywise Hosting, in advance of the time period during which such services are provided.

You agree that until and unless you notify Pennywise Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated.

However, after the customer notifies Pennywise Hosting of his or intent to resume service, invoices will be manually generated and payment expected for the time

the account was suspended. Cancellations must be done by emailing to support@pennywise-hosting.com. Once we receive your cancellation and have confirmed

all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. An employee 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, please contact us immediately via Live Support. We require that cancellations of service from the email-Id that you have signed

up  (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the

likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation

request is processed.As a client of Pennywise Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid

on time. You agree that until and unless you notify Pennywise Hosting of your desire to cancel any or all services received (by the proper means listed in the

appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Pennywise Hosting. Pennywise

Hosting reserves the right to bill your credit card or billing information on file with us. Pennywise Hosting provides a 10 day grace period from the time the invoice is

generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a £10 late fee and/or an account suspension until account

balance has been paid in full. The £10 late fee is applied in addition to whatever else is owed to Pennywise Hosting for services rendered. Access to the account will

not be restored until payment has been received. It is the customer's responsibility to notify our sales team via email at sales@PennywiseHosting.com after paying

for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Pennywise

Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Invoices that have been paid more than

once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this

provision, please contact sales@pennywise-hosting.com Pennywise Hosting reserves the right to change the yearly payment amount and any other charges at

anytime.

 5.) Backups and Data Loss

Your use of this service is at your sole risk. We are providing un-managed Hosting services, Which means  We do not keep any backup on shared server. Pennywise

Hosting is not responsible for any kind data loss like your files,email, personal data setting etc../or which 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 Pennywise Hosting servers. Backups will not be

provided for accounts that have been suspended or terminated for any reason. so keep your backup always in your system. Pennywise Hosting Do not keep any

backups of web sites, we request you to keep your backup on your local Pc. Pennywise Hosting will never be responsible for any kind of data loses in any condition,

like site hacked or server hardware failure, server maintenance, site maintenance time , any mistake which made by you and our team on any type condition.

Pennywise Hosting will not responsible for data loss. We will not keep any kind of single file/things backup on server.

6.) Cancellations and Refunds

Pennywise Hosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. 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  email.  No refund will be provided for

Unlimited Plan and Reseller . All the other shared Plans are eligible for 14 Days unconditional Money Back.

7)The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers

Western Union Payments

Cheques

Money orders

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.

7. Resource Usage

User may not:

a) Excessive use or more of system resources for longer then 600 seconds. There are numerous activities that could cause such problems; these include: CGI

scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes.

i) 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.) INODES

The use of more than 10,000 Inodes on UNLIMITED Plan and 50,000 inodes on UNLIMITED Plus plan or any shared account may potentially result in a warning first,

and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid

over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular

basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes

seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or

more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set

Default Address", and then type in: :fail: No such user here.

7c.) About Backup

Pennywise Hosting will be never responsible for any kind data lose by any reason so take your backup on your computer to secure it. Any file over 40MB in size will

not be backed up onto our backup servers and in the event of server failure, will not be recoverable. Any shared account using more than 5 gigs of disk space will be

removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive

which helps protect against data loss in the event of a drive failure.

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. Unused transfer

in one month cannot be carried over to the next month.

9a.) Money back Guarantee

No refund will be provided for Unlimited Plan and Reseller . All the other shared Plans are eligible for 14 Days unconditional Money Back. We reserve the right to

refund a prorated amount or no refund at all. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund

of the contract amount. Remember, this is only for shared packages and does not apply to Reseller Plans,dedicated servers, administrative fees, install fees for

custom software, or domain name purchases.

Pennywise Hosting will not activate new orders or activate new packages for customers who have an outstanding balance with Pennywise Hosting. For a new order

to be setup or a new package to be activated, you must have a balance of £0.00 unless otherwise stated by Pennywise Hosting in writing.

9b.) Uptime Guarantee

We will strive our best to offer 99.9% Network and server Uptime. We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid

for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognise and acknowledge that due to the nature of web

hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic

maintenance procedures or repairs. Other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital

transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

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 and the Apache Web Server which may differ from the uptime reported by other

individual services.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Pennywise Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we

reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the

reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions

of their clients'. Pennywise Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semi-dedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed

up. You must maintain your own backups.

12.) Dedicated Servers

Pennywise Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required

by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file

to prevent downtime from forced password resets. Pennywise Hosting reserves the right to audit servers as needed and to perform administrative actions at the

request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You

may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@PennywiseHosting.com if you wish to obtain a

secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Pennywis-hosting.com, and the right

to increase the amount of resources given to plans at any time.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration

unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any

account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will

not be tolerated and may result in the suspension or termination of the account.

15.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Pennywise Hosting harmless from any and all demands, liabilities, losses, costs and claims,

including reasonable attorney's fees asserted against Pennywise Hosting, 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 Pennywise Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in

connection with Pennywise Hosting; (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 Pennywise Hosting's server.

16.) Disclaimer

Pennywise Hosting shall not be responsible for any damages your business may suffer. Pennywise Hosting makes no warranties of any kind, expressed or implied

for services we provide. Pennywise Hosting 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 Pennywise Hosting and its employees.

17.) Disclosure to law enforcement

Pennywise Hosting may disclose any subscriber information 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.

17.) About Block Countries or Security

If Pennywise Hosting find any kind of hacking attack from a specific country we will block it permanently from that country until the hacking attack stops. If this does

not stop Pennywise Hosting can take any decision against client for security reason.

18.) Changes to the TOS

Pennywise Hosting reserves the right to revise its policies at any time without notice

Pennywise
Where Hosting should not cost the earth
© Pennywise Hosting

Terms &

Conditions.

Terms of Service (TOS) & Acceptable User Policies (AUP)

THIS AGREEMENT BETWEEN Pennywise Hosting [hereafter referred to as

"Pennywise Hosting"]  and you, where YOU is referred to as (“Account Holders

"Users", “Members”, “Customers”, or “Subscribers”)

WHEREAS Pennywise Hosting agrees to furnish IT - internet based services

associated with web sites, web hosting, and domain registration to the User.

UNLIMITED Web Hosting with Pennywise Hosting:-

User should understand that UNLIMITED is a freedom for hosting. Limmitations

are set for UNLIMITED Web Hosting plan. Misuse of the freedom will result in

limiting of space/bandwidth, suspension or termination of the account with or

without notice. We have 5 main limitations concerning with UNLIMITED Web

Hosting Plan.

To avoid server overload we do not allow uploading of single files over 32 MB

and simultaneous uploads of large files by php.ini.

For uninterrupted hosting services we do not allow CPU Over usage(More than

5% per account)

We do not allow hosting & distributing of copyright-infringing material,

Commercial Image Hosting and Audio/Video Streaming (more than one or two

streams)

Hosting & Sharing large amounts of data not specifically tied ("linked") to your

hosting account is not allowed.

To avoid server overload we do not allow more  than 12Gb Disk space for

single account.

Any user account violating the 5 main limitations above and the TOS below will

result in limiting of resources or suspension or termination without any pre-

notice

Use of Pennywise Hosting Service constitutes acceptance and agreement to

Pennywise Hosting's policies are subject to the terms above and as follows:

1.) 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) in case 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. If you have a domain name registered with Pennywise

Hosting, it is your responsibility to ensure that the contact information for your

domain account and your actual domain name(s) is correct and up-to-date.

Pennywise Hosting is not responsible for a lapsed registration due to outdated

contact information being associated with the domain. If you need to verify or

change this information, you should contact our sales/support team via email.

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.

2.) Content

All services provided by Pennywise Hosting may only be used for lawful

purposes, as deemed by UK law.

The customer agrees to indemnify and not hold Pennywise Hosting for 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 unauthorised 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. Any account found to be in violation of another’s

copyright will be expeditiously removed, or access to the material disabled.

Any account found to be in repeated violation of copyright laws will be

suspended and/or terminated from our hosting. If you believe that your

copyright or trademark is being infringed upon, please email

support@PennywiseHosting.com with the information required.

Using a shared account as a backup/storage device is not permitted, with the

exception of one cPanel backup of the same account. Please do not take

backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

Topsites (Warez etc.,)

IRC Scripts/Bots

Proxy Scripts/Anonymizers

Pirated Software/Warez

Image Hosting Scripts (similar to Photobucket or Tinypic)

AutoSurf/PTC/PTS/PPC sites

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

Banner-Ad services (commercial banner ad rotation)

File Dump/Mirror Scripts (similar to rapidshare)

Commercial Audio/Video Streaming (more than one or two streams)

Escrow/Bank Debentures

High-Yield Interest Programs (HYIP) or Related Sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,

Ponzi, MLM/Pyramid Scheme)

Sale of any controlled substance without prior proof of appropriate permit(s)

Prime Banks Programs

Lottery Sites

MUDs/RPGs/PBBGs

Hateful/Racist/Harassment oriented sites

Hacker focused sites/archives/programs

Sites promoting illegal activities

Forums and/or websites that distribute or link to warez/pirated/illegal content

Bank Debentures/Bank Debenture Trading Programs

Fraudulent Sites (Including, but not limited to sites listed at aa419.org &

escrow-fraud.com)

Mailer Pro, Spamming/ bulk mailing/ mailing script

E-commerce website like shopping card, online sell and purchase etc also not

allow.

heavy resources used on server

hosted domain should be a valid extension and which also available on all

registration (mostly) services.

if Any user account violating these points, then that account will be suspended

or terminated without any pre-notice and proof.

Examples of unacceptable material on all Dedicated servers include:

IRCD (irc servers)

IRC Scripts/Bots

Pirated Software/Warez

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/spam Scripts

Escrow

High-Yield Interest Programs (HYIP) or Related Sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,

Ponzi, MLM/Pyramid Scheme)

Sale of any controlled substance without prior proof of appropriate permit(s)

Prime Banks Programs

Lottery Sites

Hateful/Racist/Harassment oriented sites

Hacker focused sites/archives/programs

Sites promoting illegal activities

Forums and/or websites that distribute or link to warez/pirated/illegal content

Bank Debentures/Bank Debenture Trading Programs

Fraudulent Sites (Including, but not limited to sites listed at aa419.org &

escrow-fraud.com)

Mailer Pro

Pennywise Hosting services, including all related equipment, networks and

network devices are provided only for authorised customer use. Pennywise

Hosting systems may be monitored for all lawful purposes, including to ensure

that use is authorised, for management of the system, to facilitate protection

against unauthorised access, and to verify security procedures, survivability,

and operational security. During monitoring, information may be examined,

recorded, copied and used for authorised purposes. Use of Pennywise Hosting

system(s) constitutes consent to monitoring for these purposes. Any account

found connecting to a third party network or system without authorisation from

the third party is subject to suspension. Access to networks or systems

outside of your direct control must be with expressed written consent from the

third party. Pennywise Hosting may, at its discretion, request and require

documentation to prove access to a third party network or system is

authorised.

We reserve the right to refuse service to anyone. Any material that, in our

judgement, is obscene, threatening, illegal, or violates our terms of service in

any manner may be removed from our servers (or otherwise disabled), with or

without notice. Failure to respond to email from our abuse department within

48 hours may result in the suspension or termination of your services. All

abuse issues must be dealt with via troubleticket/email and will have a

response within 48 hours. If in doubt regarding the acceptability of your site or

service, please contact us at support@pannywise-hosting.com and we will be

happy to assist you.

Pornography contents are not encouraged. Potential harm to minors is strictly

forbidden, including but not limited to child pornography or content perceived

to be child pornography.

Any site found to host pornography, child pornography or linking to

pornography, child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may

terminate the account. We will further monitor your activity; more than one

infraction of this type may result in the immediate termination of your account.

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 755 or as restrictive as possible. Users are ultimately responsible

for all actions taken under their account. This includes the compromise of

credentials such as user name 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

Pennywise Hosting takes a zero tolerance approach to the sending of

Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply

this means that customers of Pennywise Hosting may not use or permit others

to use our network to transact in UCE. Customers of Pennywise Hosting may

not host, or permit hosting of, sites or information that is advertised by UCE

from other networks. Violations of this policy carry severe penalties, including

termination of service.

Violation of Pennywise Hosting's SPAM policy will result in severe penalties.

Upon notification of an alleged violation of our SPAM policy, Pennywise

Hosting will initiate an immediate investigation During the investigation,

Pennywise Hosting may restrict customer access to the network to prevent

further violations. If a customer is found to be in violation of our SPAM policy,

Pennywise Hosting may, at its sole discretion, restrict, suspend or terminate

customer's account without any intimation or notice. Further, Pennywise

Hosting reserves the right to pursue civil remedies for any costs associated

with the investigation of a substantiated policy violation. Pennywise Hosting

will notify law enforcement officials if the violation is believed to be a criminal

offence. As our Customers are ultimately responsible for the actions of their

clients over the Pennywise Hosting network, it is advisable that customers

develop a similar, or stricter, policy for their clients. 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. Pennywise

Hosting 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. Pennywise Hosting reserves the right to charge the holder of

the account used to send any unsolicited e-mail a clean up fee or any charges

incurred for blacklist removal. This cost of the clean up fee is entirely at the

discretion of Pennywise Hosting.

4.) Payment Information

You agree to supply appropriate payment for the services received from

Pennywise Hosting, in advance of the time period during which such services

are provided. You agree that until and unless you notify Pennywise Hosting of

your desire to cancel any or all services received, those services will be billed

on a recurring basis. This includes when accounts are suspended. When an

account's invoices are paid outside of the 10 day grace period, invoices will not

be automatically generated. However, after the customer notifies Pennywise

Hosting of his or intent to resume service, invoices will be manually generated

and payment expected for the time the account was suspended. Cancellations

must be done by emailing to support@pennywise-hosting.com. Once we

receive your cancellation and have confirmed all necessary information with

you via e-mail, we will inform you in writing (typically email) that your account

has been canceled. An employee 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, please contact us immediately via Live Support. We require

that cancellations of service from the email-Id that you have signed up  (a)

confirm your identity, (b) confirm in writing you are prepared for all files/emails

to be removed, and (c) document the request. This process reduces the

likelihood of mistakes, fraudulent/malicious requests, and ensures you are

aware that the files, emails, and account may be removed immediately after a

cancellation request is processed.As a client of Pennywise Hosting, it is your

responsibility to ensure that your payment information is up to date, and that

all invoices are paid on time. You agree that until and unless you notify

Pennywise Hosting of your desire to cancel any or all services received (by the

proper means listed in the appropriate section of the Terms of Service), those

services will be billed on a recurring basis, unless otherwise stated in writing

by Pennywise Hosting. Pennywise Hosting reserves the right to bill your credit

card or billing information on file with us. Pennywise Hosting provides a 10 day

grace period from the time the invoice is generated and when it must be paid.

Any invoice that is outstanding for 10 days and not paid will result in a £10 late

fee and/or an account suspension until account balance has been paid in full.

The £10 late fee is applied in addition to whatever else is owed to Pennywise

Hosting for services rendered. Access to the account will not be restored until

payment has been received. It is the customer's responsibility to notify our

sales team via email at sales@PennywiseHosting.com after paying for a

domain renewal and to ensure the email is received and acted upon. Domain

renewal notices and invoices are provided as a courtesy reminder and

Pennywise Hosting cannot be held responsible for failure to renew a domain or

failure to notify a customer about a domain's renewal. Invoices that have been

paid more than once with multiple Paypal Subscriptions can only be added as

credit towards the account and cannot be refunded via Paypal. If you require

assistance with this provision, please contact sales@pennywise-hosting.com 

Pennywise Hosting reserves the right to change the yearly payment amount

and any other charges at anytime.

 5.) Backups and Data Loss

Your use of this service is at your sole risk. We are providing un-managed

Hosting services, Which means  We do not keep any backup on shared server.

Pennywise Hosting is not responsible for any kind data loss like your

files,email, personal data setting etc../or which 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 Pennywise Hosting

servers. Backups will not be provided for accounts that have been suspended

or terminated for any reason. so keep your backup always in your system.

Pennywise Hosting Do not keep any backups of web sites, we request you to

keep your backup on your local Pc. Pennywise Hosting will never be

responsible for any kind of data loses in any condition, like site hacked or

server hardware failure, server maintenance, site maintenance time , any

mistake which made by you and our team on any type condition. Pennywise

Hosting will not responsible for data loss. We will not keep any kind of single

file/things backup on server.

6.) Cancellations and Refunds

Pennywise Hosting reserves the right to cancel, suspend, or otherwise restrict

access to the account at any time with or without notice. 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  email.  No refund will be

provided for Unlimited Plan and Reseller . All the other shared Plans are

eligible for 14 Days unconditional Money Back.

7)The following methods of payments are non-refundable, and refunds will be

posted as credit to the hosting account:

Bank Wire Transfers

Western Union Payments

Cheques

Money orders

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.

7. Resource Usage

User may not:

a) Excessive use or more of system resources for longer then 600 seconds.

There are numerous activities that could cause such problems; these include:

CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on

the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on

shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. You may link to legal

torrents off-site, but may not host or store them on our shared servers.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes.

i) 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.) INODES

The use of more than 10,000 Inodes on UNLIMITED Plan and 50,000 inodes on

UNLIMITED Plus plan or any shared account may potentially result in a warning

first, and if no action is taken future suspension. Accounts found to be

exceeding the 100,000 inode limit will automatically be removed from our

backup system to avoid over-usage. Every file (a webpage, image file, email,

etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended;

however, accounts that constantly create and delete large numbers of files on a

regular basis, have hundreds of thousands of files, or cause file system

damage may be flagged for review and/or suspension. The primary cause of

excessive inodes seems to be due to users leaving their catchall address

enabled, but never checking their primary account mailbox. Over time, tens of

thousands of messages (or more) build up, eventually pushing the account

past our inode limit. To disable your default mailbox, login to cPanel and

choose "Mail", then "Default Address", "Set Default Address", and then type in:

:fail: No such user here.

7c.) About Backup

Pennywise Hosting will be never responsible for any kind data lose by any

reason so take your backup on your computer to secure it. Any file over 40MB

in size will not be backed up onto our backup servers and in the event of server

failure, will not be recoverable. Any shared account using more than 5 gigs of

disk space will be removed from our off site weekly backup with the exception

of Databases continuing to be backed up. All data will continue to be mirrored

to a secondary drive which helps protect against data loss in the event of a

drive failure.

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. Unused transfer in one month cannot be carried over to

the next month.

9a.) Money back Guarantee

No refund will be provided for Unlimited Plan and Reseller . All the other shared

Plans are eligible for 14 Days unconditional Money Back. We reserve the right

to refund a prorated amount or no refund at all. If you are not completely

satisfied with our services within the first 7 days of your service, you will be

given a full refund of the contract amount. Remember, this is only for shared

packages and does not apply to Reseller Plans,dedicated servers,

administrative fees, install fees for custom software, or domain name

purchases.

Pennywise Hosting will not activate new orders or activate new packages for

customers who have an outstanding balance with Pennywise Hosting. For a

new order to be setup or a new package to be activated, you must have a

balance of £0.00 unless otherwise stated by Pennywise Hosting in writing.

9b.) Uptime Guarantee

We will strive our best to offer 99.9% Network and server Uptime. We will

attempt to provide the services 24 hours a day, 7 days a week for as long as

you have paid for them. Sometimes, however, for a number of reasons, the

services may be unavailable to you. You must recognise and acknowledge that

due to the nature of web hosting technology, occasional unavailability of the

services cannot be avoided. Sometimes there are equipment malfunctions. At

other times we undertake periodic maintenance procedures or repairs. Other

times, there are causes beyond our control like power failures, interruption or

failure of telecommunication or digital transmission links, hostile network

attacks, network traffic and other occurrences. We have not promised to

provide you with uninterrupted service.

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 and the Apache Web Server which may differ from the uptime reported

by other individual services.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Pennywise Hosting does

not provide support to our Reseller's Clients. If a reseller's client contacts us,

we reserve the right to place the client account on hold until the reseller can

assume their responsibility for their client. All support requests must be made

by the reseller on their clients' behalf for security purposes. Resellers are also

responsible for all content stored or transmitted under their reseller account

and the actions of their clients'. Pennywise Hosting will hold any reseller

responsible for any of their clients actions that violate the law or the terms of

service.

11.) Shared (non-reseller accounts) / Semi-dedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to

resell hosting you must use a reseller account. Semi-dedicated servers are not

backed up. You must maintain your own backups.

12.) Dedicated Servers

Pennywise Hosting reserves the right to reset the password on a dedicated

server if the password on file is not current so that we may do security audits

as required by our datacenter. It is the responsibility of the client to ensure that

there is a valid email address and current root password on file for their

dedicated server on file to prevent downtime from forced password resets.

Pennywise Hosting reserves the right to audit servers as needed and to

perform administrative actions at the request of our datacenter. Dedicated

servers are NOT backed up by us and it is the responsibility of the client to

maintain backups or have a solution for this. You may purchase an additional

hard drive and maintain backups to it as the most simple solution. Please

contact sales@PennywiseHosting.com if you wish to obtain a secondary hard

drive. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase.

We reserve the right to change prices listed on Pennywis-hosting.com, and the

right to increase the amount of resources given to plans at any time.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time

customers* only and may not be used towards the purchase of a domain

registration unless otherwise specified. If you have signed up using a

particular domain, you may not resign up for that domain using another

coupon at a later date. Any account found in violation of these policies will be

reviewed by our sales department and the appropriate invoices will be added to

the account. Coupon abuse will not be tolerated and may result in the

suspension or termination of the account.

15.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Pennywise

Hosting harmless from any and all demands, liabilities, losses, costs and

claims, including reasonable attorney's fees asserted against Pennywise

Hosting, 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 Pennywise Hosting against

liabilities arising out of; (1) any injury to person or property caused by any

products sold or otherwise distributed in connection with Pennywise Hosting;

(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 Pennywise Hosting's server.

16.) Disclaimer

Pennywise Hosting shall not be responsible for any damages your business

may suffer. Pennywise Hosting makes no warranties of any kind, expressed or

implied for services we provide. Pennywise Hosting 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 Pennywise Hosting and its employees.

17.) Disclosure to law enforcement

Pennywise Hosting may disclose any subscriber information 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.

17.) About Block Countries or Security

If Pennywise Hosting find any kind of hacking attack from a specific country

we will block it permanently from that country until the hacking attack stops. If

this does not stop Pennywise Hosting can take any decision against client for

security reason.

18.) Changes to the TOS

Pennywise Hosting reserves the right to revise its policies at any time without

notice