Terms of Service
The Terms of Services (TOS) are the rules and regulations that specify guidelines for using our services. All use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Point Action Services implies agreement with these terms!
Any questions regarding this agreement should be sent to Point Action Services Click Here prior to signing up for service.
Hosting Terms of Service
Point Action Services provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Point Action Services.
Point Action Services include, but are not limited to:
- Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the Webserver that Point Action Services provides to customers).
- Any use by customers, or any access provided to customers by Point Action Services, of computing, telecommunications, software, information, hardware, and equipment.
- Any act, or provision of any service, by Point Action Services to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not.
- Any provision by Point Action Services to customers, of any space, Internet connectivity, or electrical power.
- Any access or use related to the Point Action Services Web site, including the Web site itself.
- Any other service mentioned in the TOS.
- Any other service provided by Point Action Services to customers, whether used or not.
- Any other Point Action Services that are used by customers, whether offered or provided by Point Action Services to customers.
Point Action Services Service Agreement
The Point Action Services Service Agreement is a separate agreement between Point Action Services and all customers. Please make sure you agree with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Point Action Services.
End User Agreement
Customers may not sublease, sub host, or give away control of any portion of their Point Action Services space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our website.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with Point Action Services will be the individual or organization whose name is listed in Point Action Services database as the owner. Customers will fully cooperate with and abide by all of Point Action Services security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Point Action Services.
Backup of Data
Point Action Services provides management and backup of all customer data.
Note:Backups are not guaranteed just in case of loss of data unexpected events such as hardware failure on servers and so on that may or can happened.
Customers are hereby fully responsible, for the management and backup of all their own website data, and all updates, upgrades, and patches to any software that customers use.
Point Action Services is in NO way responsible for data loss for customer data, and all updates, upgrades, and patches to any software that customers use.
Support Abuse
At Point Action Services, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended, and you may be asked to take your business elsewhere. If we terminate service for support abuse, customers will be given no notice to find a new host. We will not issue a refund pre-paid service, with no possible way to access website for backup and $ 100 fine for each instance for being abusive to consistently addressing staff in a demeaning, threatening and/or rude manner.
Customer Abuse
At Point Action Services, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing any customers that is on our servers through any lines of communication in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. If we terminate service for support abuse, customers will be given no notice to find a new host. We will not issue a refund pre-paid service, with no possible way to access website for backup and $ 100 fine for each instance for being abusive to consistently addressing any customers that is on our servers through any lines of communication in a demeaning, threating and/or rude manner.
Shell Access
Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to support department before it can be used. The request must include a domain name, username, and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.
Modifications
Point Action Services may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Point Action Services. Certain changes to Point Action Services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Point Action Services is not liable, for all such personalized applications and content, except as expressly agreed to by Point Action Services
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Point Action Services may immediately terminate provision of Point Action Services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Point Action Services in such event.
Minimum Age Requirement
Point Action Services customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS for the Minor to become a Point Action Services customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Point Action Services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Point Action Services express written consent to the contrary. Any acceptance of the TOS or any other agreement for Point Action Services will be deemed null and void to the extent that Point Action Services will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Point Action Services.
Governing Law and Severability
The TOS, and any other agreement for Point Action Services, will be governed by and construed in accordance with the laws without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Point Action Services will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Point Action Services agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Force Majeure
Point Action Services will not be liable for delays in its performance of the TOS or Point Action Services caused by circumstances beyond Point Action Services reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Point Action Services will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Point Action Services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Point Action Services
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Point Action Services and its customers. Each of Point Action Services and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Point Action Services, constitutes the complete understanding and agreement between Point Action Services and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Point Action Services supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Point Action Services is between Point Action Services and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Point Action Services
Customer Billing Policy
The following Terms of Use constitute Point Action Services Billing Policy and apply to ALL Point Action Services customers
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. Point Action Services accepts the following types of payment:
- Credit Card (Visa, MasterCard, American Express) "Preferred Payment"
- We do not accept Business Checks
- We do not accept Personal Checks
- No longer accepting Money Orders
- Invoice Generation 20 days before the due payment date
- Invoice Unpaid Reminder 7 days before the invoice due date
- First Overdue Reminder 1 days after the invoice due date
- Second Overdue Reminder 3 days after the invoice due date
- Third Overdue Reminder 7 days after the invoice due date
- $ 15.00 Late Fee 5 days after the invoice due date.
- $ 20.00 Late Fee 30 days after the invoice due date.
- $ 25.00 Late Fee 45 days after the invoice due date with account terminated and sent to collections.
The account will be suspended after 6 days after the invoice due date. The account will be unsuspended when the past due and late charge is paid in full.
Point Action Services offers 3 Billing Cycles (terms) for hosting charges: Monthly, Quarterly, Semi-Annually, and Annually. The Billing Cycle begins on the Plan Activation Date.
You may elect to change your Billing Cycle at any time.
Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.
Account Renewals
To ensure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Statements
Point Action Services does not mail paper invoices or statements. Statements can be viewed and printed through the Account Manager online.
Fees
- There is a $ 35.00 (NSF) non-sufficient funds fee for all orders.
- There is $ 100.00 fee for all credit card Charge Backs.
To avoid these fees such as Charge Backs, NSF, you must submit a request by 6:00 PM Pacific Standard Time to our Billing Department with your name, domain and invoice number and request a void transaction before the transaction settlement time and our transaction settlement time which is set to 9:00 PM Pacific Standard Time every day. There will be no exemptions, Point Actions Services holds the right collect these fees.
Cancellations
Hosting plans will automatically renew until a plan is cancelled. To cancel service, you must submit a cancellation request 20 days before your billing cycle to the billing department via the client area. Point Action Services customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. No Refunds on pre-paid if on all billing cycles.
Cancellation requests must be received by Point Action Services a minimum of (20) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of (20) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Point Action Services Point Action Services are unable to cancel your account effective for a future date. Point Action Services will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Point Action Services as soon as possible.
Point Action Services will not provide partial refunds for early terminations.
Annual, Semi Annual, Quarterly, and monthly service agreements paid on a recurring basis will require 100% payment in full for remaining agreement length if no 20-day cancellation request has been made.
Point Action Services does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not causally related to Point Action Services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Point Action Services, reserves the right to cancel any account, at any time, without notice, for any reason Point Action Services considers appropriate. Point Action Services holds the legal rights to take legal means to collect balances owed due to customer not paying for the services and not following the cancellation terms and conditions.
30-Day Money Back Guarantee
Each of Point Action Services shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30-Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.
Refund Policy
Refunds are only available in accordance with the 30-Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargeback's
Point Action Services has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Point Action Services discretion. A charge of $100.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
Point Action Services policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Disclaimer
The Point Action Services service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Point Action Services expressly disclaims any representation or warranty that the Point Action Services service will be error-free, secure, or uninterrupted. No oral advice or written information given by Point Action Services, its employees, licensors, or the like, will create a warranty; nor may you rely on any such information or advice. Point Action Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Failure to Follow Terms and Conditions
Any accounts and/or servers contained within Point Action Services network must adhere to all the above terms and conditions. For any reason failure to fully comply with these terms and conditions is grounds for account suspension and/or deactivation without refund, Point Action Services reserves the right to deactivate and remove any site at any time for any reason without refund! Point Action Services will also need be report any types a violations and abuse to law enforcement agencies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating any of the terms and conditions above, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment.
Point Action Services reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable, or contraindicated.
