TERMS OF SERVICE
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The use of services from PotPotAck OÜ constitutes agreement to these terms. You may view our Privacy Policy here.
1. Account Setup And Contact Info
Your account will be setup once we have received and confirmed your payment right after we go through the fraud check process. You must provide an email address that’s not currently hosted with us to receive notifications going forward. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used. You must make sure that the email address on file is current. If you have a domain name registered with PotPotAck OÜ, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. PotPotAck OÜ will not be held responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the immediate termination of your account.
2. Money Back Policy
We provide a 30 Day Money Back Guarantee that applies for Web Hosting services only (Shared and Reseller Plans), this does not apply for domain names, cPanel license, SSL Certificates, additional IPs or dedicated servers; Virtual private servers or Cloud VPS come with a 48-hour Money Back Policy, available only if the end user complied with our policies, BW usage has been under 10% and valid only for the first payment of the first VPS with us.
Shared and Reseller Hosting Accounts:
If for any valid reason you are unhappy with the services you receive from PotPotAck OÜ during the first 30 days of service of web hosting services, you may request via email or by our cancellation form that your services be discontinued at which time you will receive a full refund*. You must also state a detailed reason as to why you are canceling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation which lead to the cancellation request. If you violated the terms and conditions and your service was suspended then a refund will not be offered. If you asked for cancellation and then agreed to continue using our services then you can't ask for a refund for the second time.
Bitcoin payments for any service are non-refundable.
3. New Accounts (Fraud Checking)
All new web/vps hosting accounts ordered on our website are set up instantly by our system after running an automatic fraud check. A manual fraud check may be performed even after your account has been setup, this usually happens minutes after the order has been processed.
We also perform random verification; you may be contacted by someone on our team to verify your account.
4. Transfers
Our transfers team will make every effort to help you move your site to our platform. But keep in mind that transfers are provided as a courtesy service, and we cannot make any commitment regarding the availability, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it more difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur in a charge; please contact a member of the transfers department with specific details to receive a price quote.
5. Payments
When you sign up for one of our services, you are signing up to a pre-paid service. All payments will be charged using PayPal or Credit Card. Renewal notices are sent several times via email from 1 to 10 days before the renewal date. Accounts 7 days past due will be disabled. Accounts 15 days past due will require a $15.00 USD fee to re-enable. We only accept PayPal for payment of our services. In the event that your yearly charge is denied or unable to be processed, the late fee will apply. Please address any questions regarding payment to PotPotAck OÜ billing.
6. Payment Disputes/Chargebacks
If you decide to file a dispute or a chargeback without coming to us first your account may be terminated at our discretion and you will lose the right to be refunded. We are reasonable and want to work with you, give us the chance to fix your issue. If the intention is fraud then you will also be reported.
7. Cancellations
If you wish to cancel your services, you must contact our sales department or request a cancellation from your client area.
If you cancel your account/service and your payments still continue because of automated payments or subscription, PotPotAck OÜ will not be responsible of refunding such transactions that took place after the service was cancelled.
8. Overage Charges
Our service plans are designed to accommodate the majority of usage scenarios taking into account the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. On cPanel hosting and Virtual Private Servers We will never charge you automatically if your account requires more resources. You must keep your email address updated within our client area, so that you may receive notifications when your account reaches certain limits determined solely by our system, ie. bandwidth exceed warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments are exceeded. On Dedicated Servers and Colocation services you will be invoiced and charged for the overage. A courtesy email may be sent to let you know of the abnormal usage.
9. Refunds/Account Termination
If, for any reason, PotPotAck OÜ fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces PotPotAck OÜ to suspend or terminate your services prematurely.
In the event you request account cancellation, once your service has been cancelled your account may become inactive. If for any other reason your account becomes suspended and remains suspended we reserve the right to terminate your account at any time after the invoice is overdue.
10. Content
All services provided by PotPotAck OÜ may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless PotPotAck OÜ from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email "abuse [at] potpotack.net" with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not allowed, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on our servers include:
- Topsites
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- MUDs/RPGs/PBBGs
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro/Bulk mailing
Examples of unacceptable material on all Reseller/VPS & dedicated servers include:
- Pirated Software/Warez
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/spam Scripts
- Escrow
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro/Bulk mailing
- Tor Exit Nodes
- Public VPN/Proxies
- DDoS Scripts
- Vuln Scanning/Hack Tools
- CPU Intensive Scripts/Tools; The end user agrees not to run processes that will generate a load of .90 for an extended period of time (on VPS)
- Crypto currency mining (on VPS)
- CamFrog (on VPS)
- Hitleap/Jingling (on VPS)
- Runescape Bots
- Chobots
PotPotAck OÜ services, including all related equipment, networks and network devices are provided only for authorized customer use. PotPotAck OÜ systems may be monitored for all lawful purposes, to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of PotPotAck OÜ system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. PotPotAck OÜ may, at its discretion, request and require documentation as proof that access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension of your services. All abuse issues must be dealt with via our ticketing system or email and should be responded within 48 hours.
If you have any doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be glad to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita)
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity and if more than one infraction of this type is found we will immediately terminate your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are fully responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
11. Mailing/Spam
We do not tolerate spam, if a service associated with your account is found to be intentionally spamming, the service will be suspended. New unverified accounts may not have access to ports used for email (including alternate port 26) on server services to avoid abuse, if you need to send email from your server then simply submit a ticket.
If an IP associated with your account ends up in a blacklist, please do not expect us to refund you once your service gets suspended, instead, submit a ticket, and we'll go from there.
12. Data loss prevention
We keep a close eye on our equipment; it is very rare to see data loss due to a failed drive as we have redundancy and we constantly monitor our servers, however, unless you sign up for a backup service, you are responsible for backing up your data; in the event of data loss PotPotAck OÜ will not be held responsible. Our recomendation is to always keep a backup of your data.
13. Uptime
We guarantee that your services with us will be online 99.9% of the time.
There may be some exceptions such as:
- DDoS attacks.
- Suspension due to violation of our terms or AUP.
- Unpaid invoices.
- Failures of hardware.
- Changes to the service requested by the client.
- Scheduled maintenance.
- Downtime caused by the client.
14. Unmanaged Plans
If you signed up for an unmanaged plan, you are completely responsible for the administration of your server, however, you're free to hire a sysadmin that can help you configure your server. Our support team may be able to provide some basic guidance and even provide a google search that may help you resolve your problem, but we're under no obligation as long as the service is unmanaged. At any point you're free to contact sales to ask for information on paid support. If your problems are due to hardware or infrastructure then it would be our responsability to look into it and resolve the issue.
15. Liabilities
PotPotAck OÜ, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall PotPotAck OÜ be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.