You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Predictable Networks reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Predictable Networks strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Predictable Networks customers and us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement –
Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.
This only applies to cancellation by the client. If cancellation is done by Predictable Networks due to restrictions violation, there will be no refund. Predictable Networks will only allow for the discount if cancellation is not the fault of the client, as determined by Predictable Networks. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Predictable Networks reserves the right to change prices at any time.
Account Cancellation –
You may cancel at anytime. To cancel your account, please access – http://www.predictablenetworks.com/support.php
Indemnification Policy –
You agree to use all Predictable Networks services and facilities at your own risk. Predictable Networks specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Predictable Networks be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Predictable Networks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Predictable Networks, 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, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Predictable Networks against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Predictable Networks’s server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Predictable Networks’s server.
Predictable Networks shall be the sole judge of what violates this Policy.
Server abuse policy –
If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
No mass email marketing or free email businesses allowed!!
We do not allow mass email marketing sites on our servers. It doesn’t matter if it’s opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server’s performance.
SPAM Policy –
Predictable Networks is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Predictable Networks network, by customers or any other users of the Predictable Networks network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Predictable Networks server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Predictable Networks email address or web site URL is prohibited. The use of Predictable Networks servers as a mail drop for responses to activities described above is also prohibited.
Content Policy –
All services provided by Predictable Networks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Predictable Networks from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all Predictable Networks servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Predictable Networks will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Predictable Networks servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links –
- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.
Predictable Networks does not host sites of its competitors or web pages promoting sites of its competitors.
Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.
Predictable Networks will be the sole arbiter as to what constitutes a violation of this provision.
SSH Policy –
Predictable Networks enforces a strict “No SSH” policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.
CGI Scripts Policy –
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script’s list] however we reserve the right to disable any CGI script that affects normal server operation or service to other Predictable Networks customers. You will be notified in 24 hours about offending cgi script.
Predictable Networks is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
Predictable Networks provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Predictable Networks.
Traffic Policy –
Predictable Networks allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Predictable Networks customers are discouraged from storing any files that cause excessive traffic on Predictable Networks servers. Please contact Predictable Networks Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Predictable Networks or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Backups –
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content any information.
The “Backup Manager” is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Predictable Networks, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Predictable Networks will attempt to recover the data from the most recent archive for a $75.00 fee.
Support Policy –
It is the client’s responsibility to have a good working knowledge of aspects of their site’s operation. Please do not expect the Predictable Networks support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this into the General discussion area of the forum and interact with other Predictable Networks members for help etc.
Predictable Networks reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.