PUNECO Hosting does not allow pornographic material.
PUNECO Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
PUNECO Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:
Business Hosting Pro Plan SLA
After your purchase of a Business Class Pro account, you may contact Customer Support to have your physical uptime checked no more than once within a 30-day period. If your Business Class Pro Server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of PUNECO Hosting, dependent upon the results of the check performed by PUNECO Hosting Customer Support. Third-party monitoring service reports may not be used for justification, due to a variety of factors, including the monitor’s network capacity and reliability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. If an approved downtime event is reported following a check you request, you must request your credit within one (1) week of receiving notification of such a report.
Scheduled downtime for server maintenance is not regarded as downtime for purposes of relevance for this credit, nor is downtime caused by unavoidable acts of God, nor by third-party digital or physical attacks on PUNECO Hosting servers and data centers, such as direct denial of service (DDoS) attacks, or other forms of hacking. Interruptions in service caused by you from custom scripting, coding or the installation of third-party applications are likewise not eligible to be counted against downtime. PUNECO Hosting reserves the right to measure uptime on its own at any time.
To request a credit, please create a ticket with our support department or email support@PUNECO.com with justification. Uptime guarantees only apply to Business Class Pro accounts. Dedicated Servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down and are not related to our uptime guarantee.
This User Agreement (“Agreement”) is an agreement between PUNECO HOSTING, LLC. (“Company”) and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”).
Copyright Infringement Claims / (DMCA)
Please note that our Legal Department (and not our Abuse Department) handles all complaints regarding potential violations of trademarks, copyrights and other intellectual property rights – please do NOT direct these complaints to our Abuse Department – doing so may delay or prevent our response to your complaint.
Unlimited Disk Space & Bandwidth
While PUNECO does not meter disk space & bandwidth, the purpose of an PUNECO hosting account is to host web sites. Using a hosting account primarily for online file storage or archiving electronic files is prohibited.
PUNECO Personal & Business Class hosting are shared hosting environments, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.
Free Domain Name
Your web hosting account includes a free domain registration or transfer for the first year of service. When your web hosting account renews, the applicable then-current pricing will be applied to your account (currently domain registration is $14.99/year).
Student Web Hosting
Discounts for students, educators and school administration are available for new customers only. Any customer who purchases through our Education Program is eligible to renew their hosting for one additional term at the same price. After that, renewals will occur at the standard fee for that package. Domain names are not included with any Education Program package but may be purchased separately.
Proof of enrollment or employment at an educational institution is required in order to purchase through PUNECO Hosting’s Education Program. An educational institution is defined as a primary school, middle school, high school, junior college, college or university. For profit educational institutions and tutoring services are not included in this offer. A complimentary shared (Power package) web hosting account may be provided to teachers, professors or administrators on an as needed basis for evaluation. We reserve the right to revoke or cancel complimentary accounts at any time.
Customers may not use PUNECO’s network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network. Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer’s risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer’s responsibility to solve. If the malignity of the problem is deemed by PUNECO Hosting to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their PUNECO Hosting servers being shut down.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
PUNECO will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. PUNECO Hosting reserves the right to charge up to $500 per complaint to investigate.
Mandatory Security Updates
From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.
The security notification will be sent via our customer subscribed mailing list, with a subject line of “Mandatory Security Update”. It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all ” Mandatory Security Update” within 24 hours from their release.
To ensure the security of the clients’ servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, PUNECO Hosting reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer’s account at the applicable hourly support rate without further notice or customer approval.
The PUNECO Hosting Web Interface and Control Panel are proprietary software, a single Perl script at /usr/local/sbin/interface. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified nor distributed in any fashion unless authorized in writing by PUNECO Hosting. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the “Server Interface” Trade Name and logo are already protecting resellers from references to PUNECO Hosting.
Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent to sales@PUNECO.com and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause more than one concurrent version of the software will not be considered.
Changes which are approved will be done on a prioritized basis by PUNECO Hosting technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain property of PUNECO Hosting and may be given to other customers.
PUNECO Hosting maintains, as a convenience to its clients, regular automated data backups on accounts equal to or less than 10 gigabytes in total size. This service is included only with Business Class or Virtual Private Server hosting accounts and is provided at no additional charge. Hosting accounts greater than 10 gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts exceeding the 10 gigabyte size limit.
While PUNECO Hosting maintains the previously stated backups, this service is provided as a convenience only and PUNECO Hosting assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. PUNECO Hosting will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees.
Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for PUNECO than for any other services we offer. PUNECO provides full access to web reports for network traffic monitoring and reporting. PUNECO also provides graphs that show customers’ monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP’s; we must therefore require periodic updates of IP address use. The way we will implement this, for now, is for customers who need more IP addresses to send a blank email to reverse@PUNECO.com to get detailed instructions via autoresponder.
Any IP numbers which remain unused after a 30-day period, according to our periodic ‘ping’ testing, will be subject to reassignment by PUNECO Hosting. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as nameservers will be billed at our current administrative services rates.
While we will allocate our customers an “unlimited” number of IP addresses, our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.”
PUNECO Hosting may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of PUNECO Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by PUNECO Hosting to customer or users is expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer’s contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer’s hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to PUNECO Hosting within 10 days after the effective contract termination date.
Customers are prohibited from transmitting on or through any of PUNECO’s services, any material that is, in PUNECO’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
PUNECO’s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. PUNECO’s reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with PUNECO up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of PUNECO’s products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: PUNECO Hosting may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of PUNECO Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by PUNECO Hosting to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
To insure the quality of service of our shared hosting clients, PUNECO Hosting reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated ‘business class hardware’.
PUNECO reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by PUNECO to customer if PUNECO initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.
Due to protection concerns, all account cancellations must be done via our official electronic cancellation form. Notifications of cancellation must be made 30 days prior to successive rebill period. PUNECO Hosting reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.
Upon termination, either by PUNECO Hosting or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay PUNECO Hosting all reasonable administrative costs if PUNECO Hosting must intervene in deregistering the hosts.
If you have any questions concerning the above stated terms and conditions then please Contact us.
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