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Hosting Terms of Service

Updated March 06, 2010

The terms and conditions set forth by this agreement is a legally binding agreement (”Agreement”) between you, a single entity representing yourself or a single entity with authorization to represent an organization (”Customer”) and Peachy Dandy Communications (”Peachy Dandy”). By communicating with Peachy Dandy, purchasing or using Peachy Dandy service, you agree to be bound by the terms of this Agreement. You also agree that you have read, understood and agreed to be bound by the Agreement. Both parties agree that they have the legal ability to enter into this Agreement.

Preamble

This Agreement is to set terms and conditions that the Customer agrees to in order to use Peachy Dandy’s service.

Fraud and False Orders

Customer agrees that Peachy Dandy will use MaxMind fraud detection service to detect fraudulent orders and. Any Customer receiving 7.50 out of 10 by MaxMind, that service may not be provided, suspended or terminated and the money back guarantee voided.

Any order marked as fraud, as determined by MaxMind or Peachy Dandy, will not be provided and it is up to the Customer to contact Peachy Dandy to active or reactive the order.

Definition of Service

Peachy Dandy will provide shared Linux hosting and shared Windows hosting that the Customer has fully paid for. Customer agrees that features provided or was listed on the service web page may change. These changes may occur without notification to the Customer.

Service Rates

Customer acknowledges that the nature of service provided and the initial rates and charges have been communicated to the Customer. Customer is aware that Peachy Dandy may change the specified service rates and charges from time to time. The promotional offer is contingent upon Peachy Dandy achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment and Fees

Customer agrees to pay Peachy Dandy before the service will be provided. Subsequent payments are due on the anniversary date of the month for that month’s service. Service will be interrupted on accounts that reach 5 days past due and a 10% late fee will apply on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from Peachy Dandy’s service. All accounts at or past 30 days past due may be terminated. Customer will continued to be billed until the Customer properly cancels their account as outlined by this Agreement.

Peachy Dandy may temporarily deny service or terminate this Agreement upon the failure of the Customer to pay charges when due.

Fees are listed in US dollars, however the Customer can pay in other currencies. The currency amount must equal the US dollar amount or the service will not be provided.

The Customer will pay $90 per hour for maintenance, repairs, cleanups or fixes that Peachy Dandy has to do due to the Customer error, responsibility, actions or result.

Customer agrees to pay all charges incurred due to the Customer or the Customer’s service, including charges made by a third party and any legal fees.

Disk Space and Bandwidth Usage

Each account comes with a allocated disk space and bandwidth allowance. The bandwidth allowance is an monthly allowance. Should your account go over either the disk space or bandwidth allowance, Peachy Dandy reserves the right to suspend your account with or without notice. If the account goes over the monthly bandwidth allowance, your account will remain suspended until he start of the next allocation. If the account goes over the allowed disk space allotment, your account will remain suspended until you lower the disk space amount, purchase for space or upgrade your plan.

You will also be billed for bandwidth usage beyond your allocated amount at the rate of $0.0004 per megabyte. Unused bandwidth in one month can not be carried over to the next month.

You may also be billed for disk space usage beyond your allocated amount at the rate of $0.001 per megabyte per month.

Cancellation

Customer agrees that in order to cancel their account, they must submit a billing ticket or by using the cancellation form in the Customer account. If the Customer is unsure of how to cancel or where to cancel they must contact Peachy Dandy and that their account will remain open, active and billable until proper cancellation as outlined by this Agreement is completed.

Customer also agrees that in order for their account to be canceled, all outstanding invoices must be paid or their account will remain open, active and billable.

PayPal, Transactions and Subscriptions

All payments will be made through PayPal. Customer is solely responsible for canceling any transactions or subscriptions payments made through PayPal. Peachy Dandy will not be responsible for canceling or maintaining active or inactive subscriptions or transactions through PayPal. If PayPal or financial institution(s) charges the customer due to the transaction(s) or subscription(s), the customer agrees to hold Peachy Dandy harmless for these fees.

If a payment is made after the Customer cancels their account, Peachy Dandy will refund that Service fee and no other fee incurred or will incur to or by the Customer.

Refund Policy

Service described in this Agreement comes with a 72 hour unconditional money back guarantee and a conditional 30 day money back guarantee. Conditional shall mean:

That Peachy Dandy does not provide Service as outlined by this Agreement, such as providing less than 99.8% uptime. Proof maybe required.

If a refund is granted, payment transaction, as provided by PayPal and or a minimum $2 processing fee may not be refunded.

Any setup fee, configurable option other than bandwidth and disk space, add on fees, or any one time fee is not refundable.

Service suspended or terminated by Peachy Dandy will not receive a refund.

Refunds must be requested within 24 hours of cancellation. Any request after 24 hours will have their refund voided.

Support Boundaries

Peachy Dandy provides support to the Customer. Peachy Dandy only ensures that the service is online and is remotely accessible.. does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Does not provide technical support for YOUR customers.

We encourage you to use our billing system and if the Customer does not receive a response within 24 hours, the Customer should open another ticket or email. Peachy Dandy is not liable for damages or otherwise because the Customer was unable to contact Peachy Dandy.

Acceptable Use Policy

Customer agrees that acceptable use of the Service shall not violate the Acceptable Use Policy.

SPAM and Unsolicited Commercial Email (UCE)

Peachy Dandy has a zero tolerance for spam or Unsolicited Commercial Email (UCE). Any Customer spamming or sending Unsolicited Commercial Email will have their account and service immediately suspended or terminated.

If a entity using the Customer website, the Customer agrees that they are solely responsible for any charges or service suspension or termination from such entity.

Customer agrees to pay $250 flat fee plus $1 per spam sent by email or web application.

Suspension or Termination

Peachy Dandy is under no obligation to inform the Customer of the service suspension or service termination. If Peachy Dandy chooses to inform the Customer of the suspension or termination, it will be done by Peachy Dandy’s ticketing system.

No credit or refund for a service that is suspended or terminated.

Customer agrees that they are solely responsible for actions committed by the Customer or other individuals who accesses their service or website.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Peachy Dandy reserves the right at its sole discretion to refuse or cancel service and refund voided. Peachy Dandy has the right to suspend or terminate any account for as long as Peachy Dandy wants or deems fit.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Peachy Dandy server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Threats of Legal Action

Any Customer that threats Peachy Dandy, it's subsidairies or employee with legal action, Peachy Dandy reserves the right to suspend or terminate any or all services with or without notice.

Backup and Data Loss

Customer acknowledges that he or she will make their own backup and the Customer agrees that Peachy Dandy is not liable for any losses, damages or responsibility for any data that may have been lost or the inability of Peachy Dandy to restore any service.

If the service provided by Peachy Dandy to the Customer is suspended. Backups of said service may be provided at a cost. The cost shall be no more than $50 per 15 minutes of work performed by Peachy Dandy, as well as no more than $0.40 per MB of space used by the backup file.

Service Limitations

Peachy Dandy shall not be liable for damages or losses incurred by of service limitations, limitations imposed by Peachy Dandy’s service providers or anything that will limit the use of your service.

Service Availability and Uptime

Peachy Dandy may grant service credits if such service is not available for at least 99.9% of the time per month, but is under no obligation to do so.

Domains, Name Servers, DNS

Domain fees are listed when purchasing. Customer agrees that to renew their domain each year or years specified when ordering the domain, if they wish to keep that domain. If the renewal fee is not paid Peachy Dandy is under no obligations to pay to renew it.

Peachy Dandy is not responsible for any loses, unavailability or damages as a result of Customer using third party DNS service.

Domains that were registered freely by Peachy Dandy will be charged $15 to transfer the domain to another entity or domain registrar.

Correct Customer Information

Customer agrees to provide correct and accurate Customer information, including but not limited to their full name, address, zipcode, city, country, phone number or otherwise requested when creating their account.

Customer with invalid or incorrect information regarding themselves, may have their service suspended or terminated with or without notice.

Disclaimer

Peachy Dandy will not be responsible for any damages your business may suffer. Peachy Dandy makes no warranties of any kind, expressed or implied for services we provide. Peachy Dandy disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Peachy Dandy and its employees.

Peachy Dandy keeps daily backups of their servers. Peachy Dandy can accept any responsibility for any loss of data or consequences arising from this. Peachy Dandy always advises clients to back up their site data regularly for its own protection.

Finally, Peachy Dandy wishes to emphasize that in accepting services, customers indemnify Peachy Dandy for the violation of any law or Peachy Dandy policy, that results in loss to Peachy Dandy or the bringing of any claim against Peachy Dandy. This means that if Peachy Dandy is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Peachy Dandy, plus costs and reasonable legal fees.

Failure to comply with any of our terms and conditions will result in grounds for immediate account deactivation. Peachy Dandy reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

Warranties and Damages

Peachy Dandy shall not be liable for damages or losses that have arisen due to the service of Peachy Dandy. The Customer also agrees that the service is offered “AS-IS” basis and comes with no warranties. Peachy Dandy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose and non-infringement. You assume all risk associated with the quality, performance, and use of the service, including but not limited to risk of service errors, damage to equipment, loss of files and data, or unavailability or interruption of service and operations. You are solely responsible for determining the appropriateness or the service and assume all risks associated with its use.

Indemnification

You agree to indemnify and otherwise hold harmless Peachy Dandy, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the service or any other matter relating to the service.

Liability and Limitations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Peachy Dandy SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Peachy Dandy \\’S TOTAL CUMULATIVE DAMAGES EXCEED 15.00 US dollars.

Severability

If any of the provisions of this agreement are invalid, such provisions shall be considered separate and severable and the remaining provisions shall remain in full force and effect.

Entire Agreement

This agreement supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof, and all of which shall become null and void from the date this Agreement is agreed upon.

Governing Laws

This agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

Peachy Dandy reserves the right to pick in which jurisdiction legal disputes will be handled; initiated by either party.

Force Majeure

It is agreed between both parties that neither party shall be held responsible for the damages caused by delay or failure to perform terms of this agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.

Cost of Legal Expenses

In the event of a legal dispute or legal action, the Customer will be responsible for all legal expenses incurred, even if the Customer is pursuing the legal action or dispute.

Collections

The Customer will pay for any fees or charge incurred because of Peachy Dandy’s attempt to collect fees or charges that the Customer has not paid for or fees or charges that are remaining.

Changes to the Agreement

Peachy Dandy reserves the right to modify this agreement at any time, and without prior notice to the Customer.