THE FOLLOWING TERMS OF SERVICE AND ACCEPTABLE USE POLICIES APPLY TO ALL ACCOUNTS HOSTED ON PENNGATE LLC. SERVERS INCLUDING RESOLD ACCOUNTS.

By using this service you are agreeing to the following Terms Of Service (TOS) and Acceptable Use Agreement.
PENNGATE LLC. may change these terms at any point without written notice. "We", "Us" and "Our" refers to PENNGATE LLC.

We reserve the right to refuse service to any person, company, organization or entity for any reason.

1. Contract Information

1. This contract agreement is only available to individuals who are able to form legally binding contracts under applicable law. Persons under the age of 18 are required to have permission from a parent/guardian in order to form this agreement and by signing up for this service you are certifying that you are 18 years old or over or have a parent/guardian permission to form into this agreement.

2. Upon completing your order the contract for the services we provide are locked to the features and limits of the account you have ordered on that date and can not be changed unless you upgrade or downgrade your account to a new plan at which time you will enter a new contract based upon that plan offered on that date.

3. Your contract, with respect to features, limits do not change based upon changes to our website or service. We reserve the right to change our website to reflect different features, limits and prices than the plan you are entering into on the date of order.

4. We reserve the right to form different contracts with new customers based upon these changes.

5. Either party can terminate this contract at any time.

2. General

1. Your account will be set-up only after your order is verified. We use every available means to verify an order including calling by phone and FraudCall.

2. You agree to keep your account updated with your correct contact information in case we need to contact you regarding your account.

3. You agree to accept emails regarding your account and our service.

4. We reserve the right to cancel, suspend or delete your account at any time without a written notice for violating these terms of service.

5. PROFESSIONALISM - You agree to act in a professional manner or at least friendly when communicating with staff members and you understand that acting vulgar, using profanity, namecalling or threats will result in a termination of your account without notice. We try our best to help you with your problems, this behavior only stands to worsen your situation.

3. Free Trial

1. Free trial is only valid for new customers and not valid for returning customers.

2. We reserve the right to deny any person or business this free trial based upon evidence that indicates he/she has already received a free trial.

3. You agree to pre-pay monthly for services at the end of any trial period.

4. You agree to pay any set-up charges associated with providing your free trial.

4. Acceptable Use/Content

You may only use the services provide for lawful purposes.

You may not host items such as IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content is prohibited.

You may not host websites intended to appear like they belong to another website with the intent for fraudulent purposes. Any phishing attempts will have their account removed immediately and reported to authorities.

You may not host copyrighted materials without the permission from the authors and you may not offer for sale any counterfeit merchandise.

You may not host hate related materials or promote hate crimes. It will be at our sole discretion as to the validity of hate materials.

Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 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.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

5. Support Policy

1. Technical support is limited to the account owner, contact person on file or an authorized person of the organization that owns the account.

2. To protect the privacy of each customer, we reserve the right to first verify if the person requesting support is a valid authorized individual on the account.

6. Reselling Terms (Customers who resell OUR services)

1. Reselling is permitted using shared or reseller accounts however you must conform to these special terms if you engage in reselling services.

2. As a reseller of hosting services you understand that you are solely responsible for providing support to your customers and WE will not provide support to any 3rd party customers of resellers unless there is an agreement to do so.

3. All resold accounts/services must conform to these terms of service and acceptable use policy and may not breach any of the terms herein. In addition the client understands that a breach of these terms by a 3rd party customer may result in a suspension, cancellation or termination of the account in question. It is the sole responsibility of the client to enforce these terms of service and acceptable use policy upon his/her customers.

4. NO SOFTWARE MAY BE INSTALLED THAT ALLOWS MULTIPLE USERS TO CREATE CPANEL ACCOUNTS. ONLY THE CLIENT MAY CREATE CPANEL ACCOUNTS USING WHM.

5. The creation of a demo account is strictly forbidden. Resellers can use our fully secured demo account, see the reseller FAQ for more into.

7. Zero Tolerance Spam Policy

You may ABSOLUTELY NOT use this service as a means to send Unsolicited Commercial E-mails, Bulk Mail or Spam to any lists. "Safe lists" and "double opt-in" will be treated as spam. Please see the Mail Policy

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserves the right to make any such modifications in an emergency if deemed necessary.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee will be determined at our sole discretion.

8. Refunds/Guarantees/Cancellations

1. We do not give refunds for services after free trial periods. Only accounts paid on the first month of service are eligible for 30 day refund. If you continue service after a trial period you waive the 30 day money back guarantee.

2. REFUND, SHARED OR RESELLER - If for any reason you are unhappy with your account within 30 days of the initial start of your shared or reseller account you can get a full refund.

3. REFUND, VPS OR DEDICATED SERVER - Because of the cost involved VPS and Dedicated servers do not qualify for refunds.

4. AFTER 30 DAY GUARANTEE - Any money paid in advance for services is non-refundable. When you cancel your account, it will remain active and in effect until the end of the current monthly billing cycle.

5. Cancellations - You must cancel your account before the start of the next monthly billing cycle agreement. When you cancel your account, your account will remain active until the end of the current billing cycle and then will be terminated at the end of the current agreement month.

6. Domain name registration fees are non refundable.

9. Payment/Billing Information

1. You agree to supply the proper payment for the services received in advance. Any money paid in advance for services after our trial period or 30 days from the start of your account is non refundable.

2. You agree that until and unless you notify us of your desire to cancel any or all services, those services will be billed on a recurring basis. Use our ticket system to cancel your account.

3. The price you pay for services will never increase however we reserve the right to change prices listed on our website.

4. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. We provide a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue 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.

5. Payment is only accepted in US Dollars.

10. Security

1. Your use of these services is at your sole risk. It is your responsibility to keep your passwords and important information safe at all times, never give your password out to anyone.

2. Clients will be held responsible for any actions by third parties using an account is a way that violates these terms even if that access was not permitted by the client.

3. We do our best to keep your private information safe, we use trusted 3rd party billing systems to keep financial information safe as well as encrypt other information within our databases, including passwords.

4. Data Loss and Backups - It is your responsibility to keep backups of all your files residing on your account and you agree to maintain all appropriate backups of your files.

11. Resources

Users may not:
a) Use 25% or more of system resources for longer then 90 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. Please note that you may link to torrents off server, but may not host or store them.
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

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")

INODES - The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

12. 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.

13. Indemnification/Arbitration

Customer agrees that it shall defend, indemnify, save and hold PENNGATE LLC. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 our servers.

By using any PENNGATE LLC. services, you agree to binding arbitration. If any disputes or claims arise against PENNGATE LLC. or its subsidiaries, such disputes will be handled by an arbitrator of OUR choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

14. Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 us and our employees.

15. IP Addresses

The client does not own an IP address and WE can at our sole discretion change the IP address assigned to a client at any time. We are bound by ARIN (American Registry for Internet Numbers) policies with regards to IP addresses. IP addresses for IP-Based virtual hosts will not be accepted as a justification for a new IP address. Clients MUST use name based hosting where possible. We reserve the right to deny IP based hosting or IP addresses unless the account will be SSL enabled or has special needs for this service.

16. Disclosure To Law Enforcement

WE may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. This includes any information residing on our servers.
We will cooperate fully with law enforcement agencies.

Revision History.