Terms of Service

Important Legal Agreements

PimaHost Inc. provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of PimaHost Inc. are subject to the following terms of service:

Service

PimaHost agrees to provide the client web hosting for a monthly, quarterly, semi-annual, annual fee. PimaHost will never require clients to advertise for PimaHost on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content of their own only. Shared hosting subscribed to is not for the purpose of re-selling, all or in part, to others, by the account owner.

Contents

All services provided by PimaHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statues. The subscriber agrees to indemnify and hold harmless PimaHost from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links:
  • Pirated software
  • Hacking programs or archives
  • Gaming Sites
  • Warez Sites
  • Illegal MP3's
  • Spamming Software
  • Vip Poster
  • Hyip
  • Proxys

Account & Ip limits

SEO ip limit - Accounts can only use the alloted amount of IP's that come with a package to use towards SEO. If your package does not come with an IP you will be allowed only 1 IP address for SEO. IP's used for SSL's and other valid uses will never been turned down. If found frauding IP's for SEO beyond these limits the account(s) will be up for suspension and or ultimately terminated.
IP classes - Pimahost can not promise that we will be able to provide different IP classes on a single server. If we so happen to get more than one class this can be negotiated. This all depends on what is available from our datacenter at any time.

Server Limits:
  • 35% cpu and or memory for 3 minutes.
  • 250 email limit per domain per hour.
  • email is for operating business. Mass mailing services are available.
  • 50 concurrent database connections at one time.
  • Apache threads to be open no longer then 999 seconds.
  • Php upload limit of 50 megs.
  • Max php session time of 300 seconds or less.
  • Limits are subject to change at anytime.

Background Running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, gaming sites, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, PimaHost reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
Distribution and/or Transmission of Obscene or Indecent Speech or Material
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through PimaHost's Services may be subject to protection under the United States of America (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the PimaHost Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the PimaHost Network. If you use a domain name in connection with the PimaHost Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
PimaHost reserves the right, at its sole discretion, to refuse or cancel service. Violation of any of PimaHost's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail

You must not use the PimaHost Network, PimaHost equipment or any PimaHost email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the PimaHost Network, PimaHost equipment or any PimaHost email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, PimaHost reserves the right to disable your domain without warning. In addition, PimaHost may impose a $50 penalty for each spam policy violation. PimaHost solely reserves the right to refuse or cancel service to known spammers. Lastly, PimaHost reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a PimaHost 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.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold PimaHost (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against PimaHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PimaHost against liabilities arising out of;

  • (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PimaHost server;
  • (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
  • (3) copyright infringement.
Customer agrees to limit the liability of PimaHost to the amount paid for service.

Free Domain Offers

When this offer is being run and you have a valid promo code: The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf. All we ask is that maintain your hosting with us for a minimum of 3 months. If you maintain your account for 3 months or longer and then decide to leave you are free to take the domain at no charge. If you do not stay for 3 months you will be required to pay the full price of the domain name before your account can be cancelled.

Refund and Cancellation Policy

For payment, PimaHost uses PayPal for secure processing and accepts Visa, Mastercard, Discover, American Express or PayPal. PimaHost invoices exclusively via e-mail. PimaHost does not send out invoices via postal services.
You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if cancelled within our thirty (30) day money-back guarantee period. To receive this refund, you may not be on a custom package of any sort. You must be on one of the pre-created packages by PimaHost that is listed on our site. You may cancel for any reason.
If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to PimaHost.
However, if customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

Late Payment

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.
You will normally receive a payment reminders from the start of your payment due date to 5 days after at which time the account will be placed on suspension. If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts prior to the 30 day termination date, due to delinquency incurs a 20% or $25 reactivation fee(which ever is greater) as well as payment of any balances owed and due in full to PimaHost or another KoBra Enterprises held company. For late payments please email billing@PimaHost.com to arrange payment.

Cancellation

You must use only one of following methods to deliver a official written notice of cancellation: Please e-mail billing@PimaHost.com On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling.

Disclaimer

PimaHost will not be responsible for any damages your business may suffer. PimaHost makes no warranties of any kind, expressed or implied for services we provide. PimaHost 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 PimaHost and its employees. PimaHost makes a 99.9% Uptime guarantee.
PimaHost maintians daily backups of their servers. PimaHost can accept no responsibility for any loss of data or consequences arising from this. PimaHost always advises clients to back up their site data regularly for their own protection.
Add-on Domains are not to be used to provide hosting services (resold) to others.
Finally, PimaHost wishes to emphasize that in accepting services, customers indemnify PimaHost for the violation of any law or PimaHost policy, that results in loss to PimaHost or the bringing of any claim against PimaHost. This means that if PimaHost is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PimaHost, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
PimaHost reserves the right to change, edit, or update the policies contained in this document, along with the content on our website including the prices on our services at any time for any reason without notice.