Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, including renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is done by POWHost Web Hosting due to restrictions violation, there will be no refund. POWHost Web Hosting will only allow for the discount if cancellation is not the fault of the client, as determined by POWHost Web Hosting. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. POWHost Web Hosting reserves the right to change prices at any time.

Account Cancellation:
You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. To cancel your account, please contact Customer Service at support@powhost.com. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's Responsibility to secure email confirmation from POWHost Web Hosting that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Acceptable Use Policy and Service Guidelines

Content:
All services provided by POWHost Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless POWHost Web Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all POWHost Web Hosting servers. This includes sites that may infer sexual content or links to adult content elsewhere. POWHost Web Hosting 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 POWHost Web Hosting servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• eggdrop or derivatives

POWHost Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from an POWHost Web Hosting server or using an email address or domain that is maintained on an POWHost Web Hosting machine as reference is STRICTLY prohibited. POWHost Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Sites that are found to be spamming, or users that have been found to have uploaded any script to an POWHost Web Hosting server that is utilized for the purpose of sending out bulk email will be removed immediately, without prior notice. 

Misuse of System Resources:

Any attempt to undermine or cause harm to a server, or customer, of POWHost Web Hosting is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

Cancellation:

Cancellation can be made via email to sales@powhost.com. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration.

Suspension:

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service:

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

All sub-networks, distributive hosting sites, and dedicated servers of POWHost Web Hosting must adhere to the above policies. Please direct any reports of violations of the above policies to abuse@powhost.com.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Indemnification Policy:
You agree to use all POWHost Web Hosting services and facilities at your own risk. POWHost Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall POWHost Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold POWHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against POWHost, 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 POWHost Web Hosting against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with POWHost Web Hosting’s server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from POWHost Web Hosting’s servers.

POWHost Web Hosting shall be the sole judge of what violates this Policy.

POWHost Web Hosting does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

POWHost Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other POWHost Web Hosting customers. 

Chat Policy:
POWHost Web Hosting allows only those chat rooms that do not run on our servers. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, www.livehumanhelp.com, and the chat script found in your control panel.

Subhosting Policy:
Subhosting (hosting more than one web site with a single POWHost Web Hosting user account) is generally not allowed on POWHost Web Hosting servers. It is subject to POWHost Web Hosting approval on case by case basis. We do, however, allow sub-domain accounts.

Traffic Policy:
POWHost Web Hosting allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. POWHost Web Hosting customers are discouraged from storing any files that cause excessive traffic on POWHost Web Hosting servers. Please contact the POWHost Web Hosting Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to POWHost Web Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We will not host web sites which contain adult material.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.