Parcom Terms of Service
Defined Terms -
The following words used in context of the Parcom Terms of Service are defined as follows:
“Provider” – Parcom Internet Services, Inc. (dba Parcom Web Hosting or Parcom Internet Services, Inc.)
“Client” – The person or entity who is applying for Parcom servicesThe Provider agrees to provide, and Client agrees to receive, access to the Parcom services according to the following terms and conditions:
- Client agrees to pay for hosting services rendered in advance of each service term.
- Client agrees that all domain registration fees are non-refundable.
- Client agrees to future automatic payment if a credit card is used unless otherwise indicated to Parcom Internet Services, Inc.
- Client agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Client agrees that changing DNS is the customer responsibility and forfeits any support if the third party system has problems. Parcom cannot support remote systems that client points their domain to.
- Non-Payment of services shall result in a notice of disconnection. Clients failing to secure payment within 5 business days of notice will incur service interruption and modest late fees.
- Parcom Internet Services, Inc. reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service (i.e. Acceptable Use Policy) including this Terms of Service.
- Security is the highest priority at Parcom, however it is still the client who is responsible to make sure any application or code is up to date to assure security threats are kept to a minimum. This includes the use of strong passwords and making sure clients store such passwords in safe and secure locations. (i.e. not on a yellow sticky on your monitor!) Naturally the security of your account is dependent on the clients ability to be as secure as possible with account information too. We encourage safe web hosting at Parcom down to maintaining up to date anti-virus software on client computers to utilizing secure methods of client access to any of our services such as e-mail or FTP. Secure access is available and it is the client who is responsible for using provided secure methods – all of which is documented either in our knowledge base or control panel system.
Money Back Guarantee and Refund
Parcom offers a full no questions asked money back guarantee to all new first time Parcom web hosting account clients using our cloud based hosting packages. If you are not 100% satisfied with our web hosting service, we will give back all refundable money if it is within 30 days of your initial account setup.
No questions asked! No surprise or hidden fees.
This does not apply to domain registrations, contract based services, consultation fees, add-on services, packaged domains, or any one time setup fees that state that it is non-refundable due to our partner not providing it as well. As many know, domain registrars do not provide refunds for instance. We feel this is fair and being up front about this is something our competitors may not tell you about. No funny business, no strings, no tricks here!
Sometimes we offer deals or specials for domains or other features – there are no exchanges for these specials.
Additional information about refunds and processing fees for after 30 days: http://my.parcomweb.com/knowledgebase/220/Refunds.html
We want you to know that at Parcom we are completely confident in our services, and will not restrict you by offering complex guarantees.
Chargebacks and Disputed Payments
If the Provider receives a chargeback or payment dispute from a credit card company or bank, your service may be suspended without notice. A $50 charge back fee (issued to cover mandatory banking fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored. Instead of issuing a chargeback on anything questionable, please contact customer service for any concerns to avoid any unnecessary fees.
Domains are NON-REFUNDABLE. If a chargeback is done on a domain registration the customer is responsible for the fees and the payment for the domain. All domains on the Internet are non-refundable at any registrar or hosting company as a rule of thumb to note as we go through a domain processor and they do not have refunds too. It is a policy that has been in place for all registrars.
Clients shall not allow the posting, transmission, or storage of data and content on or through the services which, in Parcom Internet Services, Inc.’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Clients shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) “harvested” addresses or information, (c) “phishing” web sites, (d) “link farms”, or (e) “spamvertising” sites.
It is the client who is responsible for their own backups. Parcom provides a great backup solution within our latest services and it is up to the client to download any backup they see fit. They are done daily and weekly. Parcom also maintains complete server backups in case of disaster. Restoration can be done by the client or by Parcom staff for a modest fee. Complete site restoration can be done for a fee too. If client wishes Parcom to move a site from one cloud node to another, a modest fee will be charged. It is always the customer’s responsibility to maintain their own backups. They are welcome to use the backup system on cPanel to do so, but we strongly suggest they maintain a local copy of their own site content at all times. It is for best results that a customer maintains not just one but two copies at two different locations in case of emergencies or disaster.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Parcom Internet Services, Inc. investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Client is not an intended recipient or logging into a server or account that the Client is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Client’s server.
- Circumventing user authentication or security of any host, network or account, including “cracking.”
- Interfering with or denying service to any user, host, or network other than the Client’s host (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
- Running an openly accessible proxy of any kind.
Failing to comply with the Parcom Internet Services, Inc.’s procedure relating to the activities of Clients on the Parcom Internet Services, Inc.’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $150.00 USD per hour required. Network interference by any Clients that may cause or is currently causing network interference with another Client will be disconnected immediately. No service credits will be issued to Clients disconnected for network violations.
Mass Mailings: Parcom Internet Services, Inc. has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Parcom Software whether or not the message actually originated from our network.
Mailing Lists: Parcom Internet Services, Inc.’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Clients with non-distribution in the future.
If your actions have caused Parcom Internet Services, Inc. mail servers or Parcom Software IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $150 charge to your account and $150 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:
- A warning from via email or by any other means at Provider discretion.
- Removal of DNS for the advertised / originating site.
- Immediate disconnection of service with no re-activation.
- $150 fee plus any hourly fees assessed to your account for violation.
In short, no spamming! Your service level also has email limits per hour based on package.
Expired Domain Deletion Policy
Immediately after the expiration of the term of a domain name’s registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we may determine at our discretion. You acknowledge and agree that expired domains can be lost to another party and that Parcom is not responsible for any lost domains.
Parcom Internet Services, Inc. hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Parcom Internet Services, Inc. will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our data centers.
Late fees and Reinstatement fees
If payment is not received by the payment due date, the hosting account, including all e-mail, will be disabled. A modest late fee percentage of the total payment due will be assessed. If payment is not received within 30 days, the account will be deleted from our servers and the account will not be reinstated. Any data, including e-mail, will be deleted from our servers and cannot be recovered.
Parcom reserves the right to apply these fees and suspensions at their discretion. Failure to apply any fees or penalties at the time frame listed above does not exclude application of these fees or penalties at a later date.
Customer Responsibility And Being a Good Parcom Community Member
Customers are always responsible for payments being on time and for updating billing information. Although our company is a very reasonable one to work with, Parcom is not responsible for customers being late with their payments naturally. We strongly believe that people are generally responsible individuals and when late we appreciate the respect and understanding of those who do take client accountability and responsibility seriously. If you feel a late fee, for example, is done in error, we will always work with you to explain or correct anything if need be. If you are a great long time customer and you were late once, we can honor a credit for the one time late charge, but is still the customers responsibility to notify us of any error. We obviously do not know if your company changed hands for instance or if someone left your company… things like that. Clients who are habitually late all the time and abuse our good faith refunds of late fees will not be tolerated. We feel that is fair to everyone.
Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Parcom Internet Services, Inc. reserves the right to request that you either upgrade your web hosting service package or reduce your account’s use of resources to an acceptable level. Parcom Software will be the sole arbiter of what is considered to be an excessive amount of server resources. Parcom Internet Services, Inc. reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Clients may not run network-accessible servers or other daemons from shared hosting accounts. Client accounts and data on the shared hosting service should only be made accessible from the services provided by Parcom Internet Services, Inc..
Suspension and Cancellation
Parcom Internet Services, Inc. reserves the right to suspend service to any Client for violation of the Terms of Service. Parcom Internet Services, Inc. will use reasonable care in notifying the Client and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Parcom Internet Services, Inc. reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
Client agrees that if Parcom decides to cancel an account for breaking any of our Terms of Service and Acceptable Use policies, that they will NOT receive a full money back guarantee as well as ALL remaining funds and any setup fees. Any balance left on the account is automatically forfeited. If the client disagrees with this policy and wishes to dispute it for any reason, all legal resolutions and fees associated with a legal resolution are to be paid for in advance by the client in full for both the client and Parcom.
Service Level Agreement
Parcom Internet Services, Inc. endeavors to have network connectivity available for web site and e-mail access by third parties 99.5% of each month. However, Parcom strives to provide a much higher service level. The current level of cloud networking technology can achieve over 99.9% availability, Parcom will always work hard to maintain as high a level as possible. Credits shall not be provided in the event that there is no downtime resulting from (i) scheduled maintenance, (ii) Client behavior or the performance or failure of Client applications, or (iii) circumstances beyond Parcom Internet Services, Inc.’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Parcom Internet Services, Inc. is not responsible for any additional loss and/or damage as a result of downtime. While Parcom Internet Services, Inc. attempts to keep regular backups of data stored on our systems, Parcom Internet Services, Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the Client is responsible for making backups of data. Parcom Internet Services, Inc. does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our Clients’ information. It is the client responsibility to maintain all backups of their own data.
Reseller / Developer Policy
Resellers are responsible for the conduct of their Clients and by agreeing with this policy, their Clients will adhere to the same exact policies. Resellers should make their perspective Clients aware of all Parcom policies in advance. Private labeling, or any kind of technology to hide the identity of the Provider is strictly prohibited. All resellers must notify that their customer’s web site is being hosted at Parcom Internet Services, Inc. This is to assure quality and transparency too all parties. The use of add-on domains is fine, but it is not supported. We encourage all resellers to sell an individual package per customer domain and to help, review this: Disadvantages of Add-on domains – Be smart, use add-on domains wisely. Professional developers use add-on domains for their intended purpose – vanity, or company subsidiaries, etc. Not to create a poor man’s reseller system. It honestly is not wise to use one package to host dozens of domains. You might as well close your business if you intend to do that to your customers.
Client expressly agrees that use of the Provider’s services is at the Client’s sole risk. Neither Parcom Internet Services, Inc., its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company’s services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service. Any credit provided is at the sole discretion of the Provider.
Limitation of Liability
Under no circumstances, including negligence, shall Parcom Internet Services, Inc., its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; 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 Parcom Internet Services, Inc. records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
Client agrees that it shall defend, indemnify, save and hold Parcom Internet Services, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Parcom Internet Services, Inc., its agents, its Clients, partners or affiliates, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client,its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Parcom Internet Services, Inc. against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Parcom Internet Services, Inc.’s service, any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Client sold on Parcom Internet Services, Inc.’s service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, Parcom will be entitled to an award of reasonable attorney’s fees and all costs associated with any legal action, whether or not a suit shall actually be filed or processed. in other words, customers are 100% responsible for both parties in terms of all legal fees and associated expenses AHEAD OF TIME. customers must file within the city limits where Parcom does business (king county, WA). any legal threats, filings, or correspondence discussing legal action by the customer requires an understanding that the customer must pre-pay attorney fees at the rate of $350/hour for a minimum of 3 corporate level attorneys assigned to Parcom internet services, inc. minimum hours of at least 20 hours PER ATTORNEY will be billed to the customer requesting legal action. THIS IS A VERY STRAIGHT FORWARD POLICY AND IS our legal right to do so. IF A CASE SHOULD RESULT IN FAVOR OF PARCOM, CUSTOMER WILL ALSO BE RESPONSIBLE FOR ALL EXPENSES AND DAMAGES ON TOP OF ATTORNEY FEES.