Terms Of Service

General Terms of Service
Whereas, Peak Source Hosting is an information provider connected to the Internet Peak Source Hosting offers storage and transfer services over the Internet through access to its Web Server;

Whereas, Customer seeks to utilize Peak Source Hosting servers for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Peak Source Hosting can make no guarantee that any given reader shall be able to access Peak Source Hosting’s server at any given time.

Peak Source Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements
Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.

Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable.

Violations of Peak Source Hosting’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Peak Source Hosting’s discretion, result in immediate and permanent disablement without refund.

Disputed charges (“chargebacks”) associated with any Peak Source Hosting account may, at Peak Source Hosting’s discretion, result in immediate and permanent disablement.

Peak Source Hosting will use commercially reasonable efforts to make PeakSourceProducts available 99.9% of the time during each monthly billing cycle. If Peak Source Hosting is unable to meet this service level, you will be eligible to receive a credit to apply to future PeakSourceProducts billing cycles based upon the unavailability for that month.

For the purposes of this agreement, unavailability means that either (a) the PeakSourceproducts service is unresponsive, or (b) PeakSourceProducts returns a server error response to valid user requests for more than 60 seconds of consecutive requests.

Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.

Service credits will be calculated as a percentage of the bill for the billing cycle that the unavailability occurred. The percentage of the credit will be calculated by dividing the number of minutes of unavailability by the total number of minutes in that billing cycle.

Service credits must be claimed within 14 days of the unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes
Peak Source Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Peak Source Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

Customer will provide Peak Source Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Peak Source Hosting. Peak Source Hosting shall make no effort to validate this information for content, correctness or usability.

Use of Peak Source Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Web space by the Customer.

The following examples are offered:

Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web space contents, Graphics, text, Sound, image mapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

The Customer agrees that he or she has the necessary knowledge to create Customer’s Web space. Customer agrees that it is not the responsibility of Peak Source Hosting to provide this knowledge or Customer Support outside of the defined service of Peak Source Hosting.

Peak Source Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.

Peak Source Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

Peak Source Hosting reserves the right to disconnect any website or server deemed to present a security threat to Peak Source’s customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Peak Source is grounds for termination of all services.
Peak Source Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Peak Source Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Peak Source Hosting is at the Customer’s own risk, and Peak Source Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Peak Source’s services represents the maximum achievable speed. Peak Source does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Peak Source Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

Peak Source Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Peak Source Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Peak Source Hosting’s Server. Peak Source Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Peak Source Web Hosting. If the Customer fails to modify the material, as directed by Peak Source Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

All domain names registered through Peak Source or its previous domain registration site,  that are ‘parked’ or are otherwise not immediately associated with a Peak Source hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via PeakSourceHosting.com. The Coming Soon web page may be modified at any time by Peak Source without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Peak Source.

Trademarks & Copyrights

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Hardware, Equipment, & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Peak Source Hosting.
Peak Source Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Peak Source Hosting service.

Guaranteed Uptime

Peak Source guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein.
A customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Peak Source systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
Customer will receive Peak Source credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.

Peak Source’s assessment of downtime begins when Customer opens a support ticket to report the problem.

Peak Source Dedicated Server and Peak Source Stipulations
Bandwidth pricing and measurement frequency are subject to change at Peak Source’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Peak Source Hosting.
Peak Source is under no obligation to compensate Customer for downtime, whether the downtime is caused by Customer, Peak Source Hosting, or Peak Source’s upstream providers.

Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with Peak Source mid-way through the term. Peak Source Hosting services will be billed on a monthly basis. Termination or upgrades of Peak Source Hosting services will result in the following refund and billing procedures:

Hardware upgrades to an existing ‘platform’ (platform defined as a motherboard/chassis combination) will be performed by Peak Source Hosting and shall incur an additional one-time labor fee of $50.00 as well as an increase to Customer’s standard monthly rate.
Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Peak Source Hosting and shall incur an additional one-time labor fee of $35.00 for each incident.
Peak Source Hosting reserves the right to alter the dedicated server packages advertised on its website at its discretion. Peak Source Hosting is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $50.00 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
For managed servers, Peak Source Hosting is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of Debian packages that come installed with the server). Peak Source Hosting may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well as upgrading the entire operating system).

Peak Source Hosting is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of the contract without refund. Peak Source Hosting reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Peak Source Hosting’s network.
Age
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
Termination
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Peak Source Hosting will accept termination by electronic mail. Notwithstanding the above, Peak Source Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Peak Source Hosting reserves the right to charge a reinstatement fee.
Limited Liability
Customer expressly agrees that use of Peak Source Hosting’s Server is at Customer’s sole risk. Neither Peak Source Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Peak Source Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Peak Source Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Peak Source Hosting, its officers, agents or anyone else involved in creating, producing or distributing Peak Source Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Peak Source Hosting Server 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 Peak Source Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Peak Source Hosting’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Promotional Codes
By using a promotional (“promo”) code you waive the option to indicate who referred you to Peak Source Hosting.
You may not change/submit a promo code or referrer after you’ve finished signing up.
Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with Peak Source Hosting.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Peak Source Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Peak Source Hosting, its agents, its customers, 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 Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Peak Source Hosting against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with Peak Source Hosting’s Server;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement;
any defective product which Customer sold on Peak Source Hosting Server.
Sanctioned Countries
Customer agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Peak Source Hosting under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Peak Source Hosting from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive the termination or cancellation of this Agreement.

Other Agreements
Customer agrees to abide by the terms set forth in this document as well as other Peak Source Hosting policy documents including, but not limited to:

Acceptable Use Policy
Anti-Spam Policy
Unlimited Policy
The customer also agrees to abide by all applicable Terms set forth by all Peak Source Hosting partners and subsidiaries.

Contract Revisions
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on a renewal of service as specified in Section – Financial Arrangements.

Transfer
Customer may not transfer this contract without the written consent of Peak Source Hosting.

Contract
These Terms and Conditions constitute the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by both parties upon renewal of services.