Disclosure to Law Enforcement:
The AUPspecifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who makes a
written request without further consent or notification to the
Subscriber. In addition Parava Networks shall have the right to
terminate all service set forth in this Agreement.
Service Rates:
Subscriber acknowledges that
the nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is aware
that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its
suppliers.
Payment:
Establishment of this service is
dependent upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date of the month for
that month's service. All accounts and services provided by Parava
Networks are subject to the current tax rate as imposed by the City
of Houston, State of Texas which is currently 8.25%. 80% of the
monthly service charge is subject to the 8.25% tax rate, while the
remaining 20% of the monthly service charge is not taxed. 100% of
the setup fee is subject to the 8.25% tax rate. The above applies to
all accounts and services provided by Parava Networks.
Payments and Fees:
Credit cards that are
declined for any reason are subject to a $1.00 declination fee.
Service will be interrupted on accounts that reach 2 days past due.
Service interrupted for nonpayment is subject to a $5 reconnect
charge. Accounts not paid by due date are subject to a $1 late
fee. Accounts that are not collectable by Parava Networks may be
turned over to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay the company
a "Processing and Collection" Fee of not less than $50 nor
more than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Refund and Disputes:
All payments to Parava
Networks, Inc. are nonrefundable. This includes the one time setup
fee and subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 60 days of the time the
dispute occurred. If you dispute a charge to your credit card issuer
that, in Parava Networks's sole discretion is a valid charge under
the provisions of the TOS and /or AUP, you agree to pay Parava
Networks an "Administrative Fee" of not less than $50 and
not more than $150.
Failure to Pay:
The Company may temporarily
deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial will
not relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees.
Account Cancellation:
All requests for
canceling accounts must be made in writing with at least 30 days
notice but not more than 60 days prior written notice and sent to:
Parava Networks Attn: Cancellations
6009 Richmond Ave. #130
Houston, TX 77057
Or you may call 713-780-0202 or fax the cancellation request to
713-780-4949. You must have all account information to cancel.
Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall
the company be liable for any special or consequential damages, loss
or injury.
New Domain Accounts:
All new webhosting
accounts involving new domains will be set up and entered into our
DNS servers within 1 to 3 business days. Due to unforeseen
complications, however, this process may sometimes require up to 7
business days. If the new domain is registered by the account
holder, there will be no handling fee. If the domain is registered
by Parava Networks, Inc. on behalf of the account holder a handling
fee will be incurred.
Transfer of Domains:
New webhosting accounts
which involve the transfer of a domain from another provider to
Parava Networks, Inc. will require a minimum of seven (7) days to be
set up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made regarding the
amount of time a specific transfer may take. If the transfer of the
domain is done by Parava Networks, Inc. on behalf of the account
holder a handling fee will be incurred. If the customer cancels
service during the transfer period for any reason, all charges are
considered earned.
Support Boundaries:
Parava Networks, provides
technical support to our subscribers (except for few holidays
and short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our
guidelines when providing support: Parava Networks provides support
related to your server or virtual site physical functioning. Parava
Networks does not offer tech support for application specific issues
such as cgi programming, html or any other such issue. Parava
Networks does not provide technical support for YOUR customers. If
you can email, we encourage you to email info@parava.net
for assistance. Lastly, the Help files in the program you are using
may have the answer to your question so please do investigate these
resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE):
Parava Networks takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers of Parava Networks may not use or
permit others to use our network to transact in UCE. Customers of
Parava Networks may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service.
Violation of Parava Networks's SPAM policy will
result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, Parava Networks will initiate an
immediate investigation (within 48 hours of notification). During
the investigation, Parava Networks may restrict customer access to
the network to prevent further violations. If a customer is found to
be in violation of our SPAM policy, Parava Networks may, at its sole
discretion, restrict, suspend or terminate customer's account.
Further, Parava Networks reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. Parava Networks will notify law enforcement
officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be
reviewed for possible immediate termination. A second violation will
result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties, they
will pay "Research Fees" not to exceed $175 per hour that
Parava Networks personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for
the actions of their clients over the Parava Networks network, it is
advisable that Customers develop a similar, or stricter, policy for
their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on
their server that support spammers or cause any of our IP space to
be listed in any of the various Spam Databases will have their
server immediately removed from our network. The server will not be
reconnected until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection and
agree to allow us access to the server to confirm that all material
has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second
violation WILL be immediately and permanently removed from
our network without notice.
Network
IP Address Ownership: If Parava Networks assigns
Customer an Internet Protocol address for Customer's use, the right
to use that Internet Protocol address shall belong only to Parava
Networks, and Customer shall have no right to use that Internet
Protocol address except as permitted by Parava Networks in its sole
discretion in connection with the Services, during the term of this
Agreement. Parava Networks shall maintain and control ownership of
all Internet Protocol numbers and addresses that may be assigned to
Customer by Parava Networks, and Parava Networks reserves the right
to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. 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.
Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of megabytes
per month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). Parava Networks will monitor
Customer's bandwidth and disk usage. Parava Networks shall have the
right to take corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Parava Networks's sole
and absolute discretion. If Parava Networks takes any corrective
action under this section, Customer shall not be entitled to a
refund of any fees paid in advance prior to such action. In the
event that a customer exceeds the included allocation, Parava
Networks may, at its sole discretion, collect a deposit, in an
amount determined by Parava Networks, against customer's credit card
on file with Parava Networks.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of the Parava
Networks Network. Violations of system or network security may
result in civil or criminal liability. Parava Networks will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations. These
violations include, without limitation:
Accessing data not intended for such User or
logging into a server or account, which such User is not authorized
to access.
Attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or
"crashing".
Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to
which such User is not entitled.
Notification of Violation:
Parava Networks is under no duty to look at each
customer's or user's activities to determine if a violation of the
AUP has occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
First violation: Any User, which Parava Networks
determines to have violated any element of this AUP, shall receive
an email, warning them of the violation. The service may be subject
at Parava Networks's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Parava Networks
determines to have committed a second violation of any element of
this Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to parties
on the Internet. In particular, if open relays are on your network
or a customer's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may have to
do this before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
Suspension of Service or Cancellation:
Parava Networks reserves the right to suspend network access to any
customer if in the judgment of the Parava Networks network
administrators the customer's server is the source or target of the
violation of any of the other terms of the AUP
or for any other reason which Parava Networks chooses. If
inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's machines
were suspended.
Parava Networks reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed
servers of Parava Networks must adhere to the above policies.
Failure to follow any term or condition will be grounds for
immediate Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
Indemnification:
Parava Networks wishes to
emphasize that in agreeing to the Parava Networks AUP
and Terms of Service (ToS), customer indemnifies Parava Networks for
any violation of the AUP
and Terms of Service (ToS) that results in loss to Parava Networks
or the bringing of any claim against Parava Networks by any
third-party. This means that if Parava Networks is sued because of a
customer's or a customer of a customer's activity, the customer will
pay any damages awarded against Parava Networks, plus all costs and
attorney's fees.
Miscellaneous Provisions:
You must provide us
with, and keep current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a
waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights under
this contract at anytime without further obligation.
Parava Networks takes no responsibility for any
material input by others and not posted to the Parava Networks
Network by Parava Networks. Parava Networks is not responsible for
the content of any other websites linked to the Parava Networks
Network; links are provided as Internet navigation tools only.
Parava Networks disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
Parava Networks is not responsible for any damages
your business may suffer. Parava Networks does not make implied or
written warranties for any of our services. Parava Networks denies
any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by Parava
Networks.
It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to immediate
cancellation without refund.
Responsibility for Content:
You, as Parava
Networks's customer, are solely responsible for the content stored
on and served by your Parava Networks server.
