TERMS OF SERVICE - USER AGREEMENT (TOS)

SECTION 1:

ALL CLIENTS:
(Customers and Users of Preserve the Art of Fishing's Services and Products)

This Terms of Service - User Agreement governs the usage of Preserve the Art of Fishing's Web Services and Products. Preserve the Art of Fishing's Web Services and Products are defined as ANY service or product offered by Preserve the Art of Fishing through this Web Site (paf-webservices.com or paf-hosting.com).

Preserve the Art of Fishing provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.

The purpose of this Policy is to enhance the quality of the Services and to protect Preserve the Art of Fishing's Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from Preserve the Art of Fishing. Each Client should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

We do not care what your content is as we are not judges in what is right or wrong. Meaning we do not judge a client by his/her beliefs as long as they are legal and the content online is legal and you follow our user agreement.

These Policies, Guidelines, and Disclaimer are intended for all domains residing on Preserve the Art of Fishing's servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non-virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

By requesting services from Preserve the Art of Fishing the client(s) agree and accepts Preserve the Art of Fishing's Terms of Service - Users Agreement. 
 

SECTION 2:

RESELLERS:
(If you are Reselling any services provided by Preserve the Art of Fishing)

Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers. By reselling and purchasing Preserve the Art of Fishing services, you hereby agree that Preserve the Art of Fishing shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by Preserve the Art of Fishing. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s). 

The Reseller MUST provide its Reseller Customers with any needed support. The Reseller may not direct its Reseller Customers to contact Preserve the Art of Fishing directly. The Reseller may not provide its Reseller Customers with applicable Preserve the Art of Fishing account details to permit them to contact Preserve the Art of Fishing directly. Preserve the Art of Fishing may bill the Reseller at Preserve the Art of Fishing's current rate for non-customer technical support provided to a Reseller's Reseller Customers if the Reseller has violated this provision. As of January 1, 2004 the current rate for non-customer technical support is $75.00 per incident.
 

SECTION 3:

UNACCEPTABLE ACTIVITIES:

These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Preserve the Art of Fishing by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first at abuse@paf-webservices.com . We also do not allow sites selling spamware.

Age. The client must be 18 years of age to obtain our service.

Abuse of the legal rights of others:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Preserve the Art of Fishing supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, Preserve the Art of Fishing will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law:

Preserve the Art of Fishing's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Preserve the Art of Fishing reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Abuse of Preserve the Art of Fishing's Server Resources:

Running programs in the background on a Preserve the Art of Fishing's server without Preserve the Art of Fishing's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Preserve the Art of Fishing's servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any single domain that exceeds ten gigabytes of bandwidth traffic must be approved by us as we must maintain load balances.

Hacking/Cracking:

Preserve the Art of Fishing reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
 

SECTION 4:

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask at our Help Desk.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop, or IRC clients such as ircII or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
 

SECTION 5:

CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of Preserve the Art of Fishing'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 the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Preserve the Art of Fishing to provide this knowledge or support outside matter specific to Preserve the Art of Fishing's servers.
 

SECTION 6:

TECHNICAL SUPPORT:

All technical support is required to go through our help desk, PAF Help Desk. Because we are now only offering web hosting and email hosting with web based ticket support we are able to lower our costs and pass the savings on to our clients. If there is a problem that cannot be resolved with our web based ticket support system we will still be able to do it the old-fashioned way via telephone. Because of our system redundancy our network simply does not go down so we are able to offer this type of support. Please see Section 5 for more information on what knowledge is required of the Client. 
 

SECTION 7:

BACKUPS:

Full backups are made weekly, and backups of new/changed data 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 clients' responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of Preserve the Art of Fishing, Preserve the Art of Fishing will attempt to recover the data 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, Preserve the Art of Fishing will attempt to recover the data from the most recent archive for a $75.00 fee. Please note, make backups of your site and note your IP number. This is the very best way to make sure you do not lose your information. The best solution is to make backups from your CPanel control panel every time you change your data as this will minimize any data loss. If you have made backups, you can restore them from your CPanel control panel at anytime.
 

SECTION 8:

PAF MAINTAINED MYSQL DATABASES:
(Setup and maintained by Preserve the Art of Fishing ONLY)

MySQL Databases that are setup and maintained by Preserve the Art of Fishing:
An original backup will be made when the database is setup and be kept on file until the account that the database is associated with is cancelled by the proper procedure. A backup will be made each time Preserve the Art of Fishing updates the database and kept on file also. Once the account is cancelled the database data and the backup data will either be deleted or turned over to Client. The data will be deleted unless it is requested that it be turned over to the Client at the time of account cancellation. In either case once the account is cancelled and the database data and all database backups will no longer be in the possession of Preserve the Art of Fishing.

An individual contract between Preserve the Art of Fishing and a Client that specifies different requirements pertaining to the Clients databases and database backups will supercede this section.

All MySQL databases that are NOT setup and maintained by Preserve the Art of Fishing are not covered under any part of this section unless there is an individual contract between Preserve the Art of Fishing and the Client.
 

SECTION 9:

IP NUMBERS:

Preserve the Art of Fishing maintains control of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
 

SECTION 10:

MONEY BACK GUARANTEE:

Regular Hosting Clients - Should you become dissatisfied with our services within the first 30 days of your account activation, Preserve the Art of Fishing will refund your hosting fee only.

Reseller's (If you are Reselling any services provided by Preserve the Art of Fishing) - In the event that you become dissatisfied with our services within 30 days of your account activation, only your initial account fees will be refunded. We WILL NOT BE HELD LIABLE for any fees that you charge your clients or any agreement or contracts between you and your clients.

Preserve the Art of Fishing does not refund any setup fees.

Preserve the Art of Fishing does not refund fees which you have paid for domain registrations.

There are no refunds on any Programming, Web Development, SSL Certificates, Database Setup, Database Programming or Prepaid Support.
 

SECTION 11:

ACCOUNT INFORMATION:
(Access and changes to an account)

The contact person for the account shall have the sole authority to modify the account information or account type. Any modifications will require the main account password and need to be processed through PAF's Help Desk ONLY.
 

SECTION 12:

ACCOUNT CANCELLATIONS:

All account cancellations need to be processed through your account at PAF's Help Desk ONLY. Only the contact person for the account shall have the authority to cancel the account and the main account password will be required. Any refunds for annual, bi-annual or quarterly accounts will be prorated from the next whole month. There will be no partial month refunds given for account cancellations.
 

SECTION 13:

LIMITATION OF LIABILITY:

Preserve the Art of Fishing shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Preserve the Art of Fishing's servers going off-line or being unavailable for any reason whatsoever. Further, Preserve the Art of Fishing shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Preserve the Art of Fishing's servers. All damages shall be limited to the immediate termination of service only.

Preserve the Art of Fishing shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Preserve the Art of Fishing reserves the right to terminate an account at any time and for any reason that causes harm to any Preserve the Art of Fishing customer's web sites. Preserve the Art of Fishing reserves the right to delete all content and files upon termination. Preserve the Art of Fishing reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Preserve the Art of Fishing reserves the right to refuse, cancel, or suspend service or terminate an account at our sole discretion.

Preserve the Art of Fishing reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Preserve the Art of Fishing reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Preserve the Art of Fishing's Services, Customers and other Users. Preserve the Art of Fishing reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Preserve the Art of Fishing may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Preserve the Art of Fishing is authorized to monitor its communications through Preserve the Art of Fishing's network for such purposes.
 

SECTION 14:

VIOLATIONS OF THIS POLICY:

Preserve the Art of Fishing encourages Clients to report violations of this policy by e-mail to: abuse@paf-webservices.com, including in any such report the name of the offending domain (for example, www.abcdef.com) and the type of abuse (for example, SPAM, illegal acts, harassment, etc.) in the "subject" field of the e-mail. Please include a brief description in the body of the email. All complaints will be investigated promptly.

Preserve the Art of Fishing expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this Policy. Preserve the Art of Fishing has no liability or responsibility for the actions of any of its Clients or other Users or any content any Clients or User may post on any Web site.
 

(TOS Last Revised on March 16, 2004)