Introduction

This document contains important information regarding the Terms and Conditions of Service which apply to your account with PCI Free Host. PLEASE READ THIS DOCUMENT CAREFULLY, retain it for future reference. Please note that the information contained herein is subject to change without notice.

General Provisions

In consideration for PCI Free Host maintaining one or more accounts (each "Account"), you agree to the following terms and conditions.

Definitions

1. "We" "Us" or "Provider" or "Hosting": PCI Free Host.
2. "You" "Your" "Client" "Customer" or "Member": Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Disclaimer of Warranty

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. PCI Free Host will pursue all resources and channels available to maintain availability to you, however, PCI Free Host is not responsible for any interruption in service or down time that may occur, whether due to the act or negligence of PCI Free Host. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain to another provider.

PCI Free Host MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither PCI Free Host nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence of PCI Free Host, even if PCI Free Host has been advised to the possibility of such damages.

Services Provided by PCI Free Host

PCI Free Host will provide Internet server space rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows PCI Free Host members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. PCI Free Host members will use the provided services in a manner consistent with any and all applicable laws of the State of California and the US Federal Government. PCI Free Host provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, PCI Free Host can terminate client's account without notification.

1. Client Content. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of PCI Free Host or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate contain viruses or other computer programming defects which result in damage to PCI Free Host or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers.
   
2. Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. When a website is found to be monopolising the resources available, PCI Free Host reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. PCI Free Host will be the sole and final arbiter as to what constitutes a violation of this policy.
   
3. No "Spam". UCE/UBE or "Spam" originating from a OurDailyCross.Com account or associated with a PCI Free Host account is not tolerated. This includes any e-mail that promotes web sites hosted on a PCI Free Host account but is sent from an e-mail address not associated with that PCI Free Host account. Client shall not use their PCI Free Host services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. PCI Free Host reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
4. False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups’ rules and regulations. If any news groups or service provider contact PCI Free Host concerning unethical, false or unlawful activities by you, PCI Free Host reserve the right to terminate your service without notice.
   
5. Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
   
6. Back-Up Files. PCI Free Host will make every reasonable effort to protect and backup data for Client on a regular basis, however PCI Free Host does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.

Payment Obligations, Renewals, Cancellations

1. Payment Obligations: Full payment is required in advance before hosting service is established. You grant PCI Free Host the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by PCI Free Host according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that PCI Free Host may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account.
   
2. Cancellation: You may cancel at anytime. There are no refunds if the service contract is cancelled by client before the regular renewal date. There are no exceptions! We do not give partial credits. All cancellations must be received in writing as per the deadlines indicated; e-mail notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.