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Acceptable Use and Terms of Service


The following terms and conditions apply to Web Hosting Service provided by
Pit Row Productions


Reporting Abuse
Violations of this Acceptable Use Policy and Terms of Service should be referred to abuse@pitrowproductions.net. All complaints will be investigated promptly. Serious violations of terms or conditions can be grounds for immediate account deactivation without refund.

Acceptable Use Policy
Pit Row Productions provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Content
All services provided by Pit Row Productions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any U.S. Federal, State or Municipal, or any International laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Pit Row Productions from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Pit Row Productions servers. This includes equally sites that links to such content.

If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publishing material as an existing customer.

Pit Row Productions will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Pit Row Productions servers or any other server(s) on the internet. Links to such materials are also prohibited.

Examples of Prohibited Content or Links

  • Pirated software.
  • Pornography and sex-related material or merchandising.
  • Violations of Copyrights.
  • Hacker programs or archives.
  • Warez sites.
  • Hate propaganda.

MP3 and other types of sites designed for downloading of material by a mass user group are also prohibited. This includes but is not limited to, music, video, audio, Software or Freeware or Shareware, Free Images and backgrounds, and anything else that makes it an excessively high bandwidth site with the sole purpose to distribute freely products for download.

Pit Row Productions will be the sole arbiter as to what constitutes a violation of this provision.


Reasonable Limits
We have found most our customers to stay within "reasonable limits". However, to maintain the integrity of our service, we must state the following.

  • You cannot run CGI's in your account FROM another account, either on our server or not.
  • You must not use more than 20% of our system's resources.
  • Pit Row Productions will be the sole arbiter as to what constitutes a violation of these provisions.

Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a Pit Row Productions server or using an email address or domain that is maintained on a Pit Row Productions machine as reference is STRICTLY prohibited. We also do not allow you to advertise any website hosted on our servers in an unsolicited email, regardless of the origin of that email (i.e. even if you do not send the spam through our servers, or using an email address from a domain name hosted by us.... if you advertise a website hosted by us in a spam email, your account will be terminated. As delegated by our backbone provider, any sites using spam or selling of spam related software or bulk email content will be terminated.

Pit Row Productions will be the sole arbiter as to what constitutes a violation of this provision.

Spamming WILL get your account terminated.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs
CRON JOBs: We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC: We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Pit Row Productions is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.



Billing Procedures


Recurring Billing: When you sign up for a Web Hosting plan, you are billed immediately for your first month or year, plus any setup fees.

Monthly billing: You will then be billed your monthly plan fee on the same date each month thereafter. So if you order your hosting plan on January 5th, you will be billed on January 5th, Feb 5th, March 5th, and the 5th of every month thereafter, until such time as you cancel your account with us.
Yearly billing: You will then be billed your yearly plan fee on the same date every year until you cancel your account. So if you order your hosting plan on January 5th, you will be billed on January 5th of the next year and every year thereafter, until such time as you cancel your account with us.

Payment Methods: We currently only accept payment for Web Hosting services through PayPal. Under special cicumstances we may elect to accept payment by other means, including but not limited to Cash, Check or Money Order, however we reserve the right to make the final decision on any alternative forms of payment.

Cancellation of Service: If you decide you no longer need or want your hosting plan, you may cancel at any time. To cancel your plan, simply email or postal mail your cancellation request to us, and include your name, address, account username, domain name of the hosting account, and reason for your cancellation. There will be no further charges to your account from the time that you cancel your plan. Charges already billed to your account however, cannot be refunded, unless your cancellation is received within the first 30 days of signing up.

Non-Payment of Service: It is up to you to keep your account up to date. If your payment is not received on the due date, all accounts under your hosting plan may be suspended. Suspended accounts typically remain suspended for a maximum of 30 days, or until payment is made (when an account is suspended, your website will not be visible, you will not be able to login, and any email addresses you created will cease to function. No information is deleted when an account is suspended). If payment is not made within 30 days, your account will be terminated, and all information in those accounts (files, emails, etc) will be lost.

Account Terminations: Accounts terminated for non-payment will only be terminated after a suspension period (i.e. you are given leniency time to correct the issue). However, accounts that are found to be in violation of our acceptable use policy, for spamming reasons, or other violations of our terms of use, particularly when the violation is causing harm to our equipment, or the accounts of our other customers, may be terminated immediately without notice.



30-Day Money Back Guarantee/Refunds

If for whatever reason, you become unsatisfied with our services within the first 30 days of your hosting plan activation, we will refund your fees (including any setup fees), no questions asked. Domain name registration fees however, cannot be refunded. To cancel a hosting plan, simply email or postal mail your cancellation request to us, and include your name, address, account username, and domain name of the hosting account.

If you wish to cancel your hosting plan after the 30 days has expired, we do not refund partial monthly fees. If you elected yearly billing, we will refund your fees based on the number of FULL months remaining until your renewal date.



Limitation of liability

Your use of Pit Row Productions' services are at your sole risk. All Pit Row Productions services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

Pit Row Productions makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Pit Row Productions service at any time, without prior notice.

IN NO EVENT WILL Pit Row Productions BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Pit Row Productions' SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Oregon. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the Oregon State Courts, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Pit Row Productions reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Pit Row Productions, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please do not submit an order!



Reporting Abuse
Violations of this Acceptable Use Policy and Terms of Service should be referred to abuse@pitrowproductions.net. All complaints will be investigated promptly. Serious violations of terms or conditions can be grounds for immediate account deactivation without refund.