Whereas, Progressive Data Services (“Progressive Data”) is an information provider connected to the internet Progressive Data Services offers storage and transfer services over the internet through access to its web server;
Whereas, Customer seeks to utilize Progressive Data’s server for its own purposes;
Whereas, the parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, Progressive Data can make no guarantee that any given reader shall be able to access Progressive Data’s server at any given time.
Progressive Data 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;
- 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.
- If the customer wishes to cancel Progressive Data shared web hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- Services provided by 3rd parties and Progressive Data partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be canceled.
- “30-Day Money-Back Guarantee” offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. 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. The value of any AdWords credit or other third-party add-ons is non-refundable.
- Violations of Progressive Data’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Progressive Data’s discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any Progressive Data account may, at Progressive Data’s discretion, result in immediate and permanent disablement.
- Progressive Data will use commercially reasonable efforts to make services available 99.9% of the time during each monthly billing cycle. If Progressive Data is unable to meet this service level, you may be eligible to receive a credit to apply to future shared hosting billing cycles based upon the unavailability for that month.
- For the purposes of this agreement, unavailability means that either (a) the web service is unresponsive, or (b) service 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 for 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.
- Progressive Data shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Progressive Data’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide Progressive Data with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Progressive Data. Progressive Data shall make no effort to validate this information for content, correctness or usability.
- Use of Progressive Data’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 webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing webspace contents, graphics, text, sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that they have the necessary knowledge to create Customer’s webspace. Customer agrees that it is not the responsibility of Progressive Data to provide this knowledge or Customer Support outside of the defined service of Progressive Data.
- Progressive Data 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.
- Progressive Data 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.
- Progressive Data reserves the right to disconnect any website or server deemed to present a security threat to Progressive Data’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 Progressive Data is grounds for termination of all services.
- Progressive Data makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Progressive Data 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 Progressive Data is at the Customer’s own risk, and Progressive Data specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Progressive Data’s services represents the maximum achievable speed.Progressive Data does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including their own internet connection). Progressive Data 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.
- Progressive Data specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “server-ready”, Progressive Data may, at its option and at any time, reject this material, including but not limited to after it has been put on Progressive Data’s server. Progressive Data’s 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 Progressive Data. If the Customer fails to modify the material, as directed by Progressive Data, 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 Progressive Data that are ‘parked’ or are otherwise not immediately associated with a Progressive Data hosting plan may be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via progressivedata.io. The Coming Soon web page may be modified at any time by Progressive Data without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Progressive Data.
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 Progressive Data.
- Progressive Data makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Progressive Data service.
- Progressive Data guarantees 99.9% uptime. A failure to provide 99.9% uptime may result in customer compensation pursuant to guidelines established herein.
- Customer may be entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Progressive Data systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
- Customer may receive 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.
- Progressive Data’s assessment of downtime begins when Customer opens a support ticket to report the problem.
- The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Progressive Data will accept termination by electronic mail. Notwithstanding the above, Progressive Data 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. Progressive Data reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of Progressive Data’s server is at Customer’s sole risk. Neither Progressive Data, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Progressive Data’s 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 Progressive Data server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall Progressive Data, its offices, agents or any one else involved in creating, producing or distributing Progressive Data’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 Progressive Data 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 Progressive Data’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Progressive Data’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.
- By using a promotional (“promo”) code you waive the option to indicate who referred you to Progressive Data.
- 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 Progressive Data.
Customer agrees that it shall defend, indemnify, save and hold Progressive Data harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Progressive Data, 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 Progressive Data against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Progressive Data’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 Progressive Data Server.
Customer agrees to comply with all applicable export and reexport 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 DreamHost 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, DreamHost 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 termination or cancellation of this Agreement.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Progressive Data.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.