Penny Auction Wizards Hosting Terms of Service

Penny Auction Wizards is wholly owned by Penny Auction Group. Penny Auction Group’s terms of service govern the use of Penny Auction Wizards and Penny Auction Wizards.

Penny Auction Group, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by Penny Auction Group, Inc. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Penny Auction Group, Inc., from any claims resulting from the subscriber’s use of Penny Auction Group’s services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

IRC Software

Pirated software

Hacking sites, programs or archives

Warez Sites

Distribution of music files or any other material in which the account holder does not own the copyright.

Penny Auction Group, Inc. will be the sole arbiter as to what constitutes a violation of this provision.Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

Port Scanning – We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising – Email

Spamming, i.e. the sending of unsolicited email, from any Penny Auction Group server or any server located on the Penny Auction Group network is STRICTLY prohibited. Penny Auction Group will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Penny Auction Group.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Penny Auction Group customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Penny Auction Wizards.-hosted domain, or referencing any Penny Auction Group account, is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.

Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.

Advertising & Promotions Limitations

In the following scenarios Penny Auction Group clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Penny Auction Group. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Penny Auction Group.

Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.

Any illegal or unlawful activity

Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities

Server Abuse

Any attempts to undermine or cause harm to a Penny Auction Group server or subscriber of Penny Auction Group is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access.

Accessing data or taking any action to obtain services not intended for you or your use.

Attempting to probe, scan or test the vulnerability of any system, subsystem or network.

Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.

Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System.

Interfering with, intercepting or expropriating any system, data or information.

Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of Penny Auction Group, Inc. and all servers must adhere to the above policies.

Password Security and Account Authorization

Penny Auction Group provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Penny Auction Group will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Bandwidth Measurement and Overage Fees – Internet Data Transfer

Penny Auction Wizards provides two ways to purchase bandwidth packages for Internet Data Transfer i) Bundled Bandwidth Packages – or – ii) Pay As You Go.

When purchasing a Bundled Bandwidth Package your outgoing bandwidth transfer will be used to calculate your bandwidth usage. Incoming data transfer will not be counted towards your bundled bandwidth usage. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your order. Currently the bandwidth overage fee is the same as the stated Pay As You Go outgoing bandwidth charge. ($0.05 per Gig)

When purchasing a Pay As You Go bandwidth package, incoming and outgoing data transfer is charged separately at different rates specified when you purchased the bandwidth package. Incoming data transfer is currently free. When using a Pay As You Go bandwidth plan you will only be charged for your actual bandwidth usage.

Penny Auction Wizardss Private Networking

Penny Auction Wizardss private networking allows servers to communicate with each other over an internal, isolated private network. The bandwidth used on the private network is free and does not count against your regular bandwidth usage.

Server Support

Basic support and maintenance of dedicated servers is provided at the discretion of Penny Auction Group, Inc. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

$50/hour

Scheduled Maintenance and Downtime

Penny Auction Group will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Penny Auction Group’s control or which are not reasonably foreseeable by Penny Auction Group, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Penny Auction Group will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Penny Auction Group has no responsibility for downtime resulting from a user’s actions.

Fees

Penny Auction Wizards will charge you the fees stated in your Order. When launching a Penny Auction Wizards Server your credit card will be charged or your account balance will be deducted for a minimum commitment which will be either the pro-rated monthly charge for the base price of the Penny Auction Wizards Server you have selected or the full monthly charge at the time service is provided to you. This minimum commitment will be stored as a Credit in your account and your actual hourly usage of the Penny Auction Wizards Server and all related services will be deducted from this credit. Penny Auction Wizards are charged in hourly billing increments based on actual usage. If a Penny Auction Wizards Server is destroyed, you will only be charged for your actual usage and the remainder of your minimum commitment will remain as a credit in your account.

Unless you have made other arrangements, Penny Auction Wizards will charge your credit card or deduct from your available balance without invoice as follows: (i) for recurring fees, in advance, on or around the first day of each billing cycle, and (ii) for non-recurring fees (such as fees for initial set-up, overages, compute cycle fees, and domain name registration) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at Penny Auction Wizards’s option; provided that Penny Auction Wizards may wait to charge your credit card or deduct from your account balance until the total aggregate fees due are at least $50. Unless otherwise agreed in the Order, your billing cycle will be pre-paid monthly, beginning on the date that Penny Auction Wizards first makes the Services available to you.

In some cases Penny Auction Wizards will present an “Estimated Monthly Charge”. The “Estimated Monthly Charge” is provided as a courtesy to you to help budget your monthly expenses. However, the Estimated Monthly Charge is a rough estimation of your charges based on your current usage and will not be your guaranteed monthly charge. Many items can change your monthly charge, including, but not limited to, backups, firewalls, bandwidth usage, support, domain names, private networking and any other optional Penny Auction Wizards service which you choose to enable.

Penny Auction Wizards may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if our charges to your credit card are rejected for any reason. Penny Auction Wizards may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days, and Penny Auction Wizards brings a legal action to collect, or engages a collection agency, you must also pay Penny Auction Wizards’s reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged in US Dollars. Any “credit” that we may owe you, such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for services, and will not be paid to you as a refund. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate. You must provide Penny Auction Wizards with accurate factual information to help Penny Auction Wizards determine if any tax is due with respect to the provision of the Services, and if Penny Auction Wizards is required by law to collect taxes on the provision of the Services, you must pay Penny Auction Wizards the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. You authorize Penny Auction Wizards to obtain a credit report at any time during the term of the Agreement. Any credit that we may owe you, such as a credit for a SLA remedy, will be applied to unpaid fees for services or refunded to you, at our option.

Cancellation & Refunds

Penny Auction Wizards offers no refunds on activated servers as they are a non returnable digital non tangible service. You may not request a refund for any services already rendered and you agree to waive your right to chargeback our rendered service unless a proven error or server failure has occurred.

Penny Auction Wizards accounts stay active with or without live Penny Auction Wizards and your account may continue to be charged for the storage of Penny Auction Wizards Server Images or any related services until the Penny Auction Wizards account is terminated. To Terminate your Penny Auction Wizards account, submit a cancellation request in writing to support@pennyauctionwizards.com. After our support team verifies you are authorized to cancel the account, your entire Penny Auction Wizards account will be cancelled and any remaining credit balance on your account will be immediately refunded to your credit card.

Any violation of Penny Auction Group, Inc.’s Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are on the first and 15th of every month.

Check Orders: Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Penny Auction Group, Inc.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket (https://www.Penny Auction Wizardsondemand.com/manage) or email sent to support@pennyauctionwizards.com (email subject to valid proof of account ownership). pennyauctionwizards is not able to schedule cancellation requests.

Returned Check Fee and Credit Card Charge Backs A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Penny Auction Group, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by Penny Auction Group, Inc. programming staff. (Cpanel is not associated with Penny Auction Group, Inc.)

Promotional Use

Penny Auction Group or Penny Auction Wizards may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Penny Auction Group may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Penny Auction Group website. This reference will be strictly limited to disclosure that Penny Auction Group has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Penny Auction Group. However, Penny Auction Group may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by Penny Auction Group under this Agreement shall not be deemed .Work For Hire,. but Penny Auction Group shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Penny Auction Group.

Microsoft Software License Policy.

Microsoft, as well as Penny Auction Group company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Penny Auction Group purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. The customer would have to obtain all Microsoft licenses through Penny Auction Group. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Penny Auction Group licensed Microsoft products. Any questions regarding this policy can be addressed to sales@pennyauctionwizards.com

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, pennyauctionwizards INC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CUASED BY WILLFUL MISCONDUCT. pennyauctionwizards INC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF pennyauctionwizards INC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEEN THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, pennyauctionwizards INC PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABIL ITY OF ANY PRODUCT AND SERVICE AND pennyauctionwizards INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Penny Auction Group, Inc.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Penny Auction Group, Inc. administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. Penny Auction Group, Inc. maintains the right to terminate accounts without prior notification.

In the case that a customer is terminated for violating one or more of the Penny Auction Group Terms of Service, Penny Auction Group reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Penny Auction Group may at its own discretion allow access to a terminated account. If Penny Auction Group agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.