Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pharaoh Hosting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your Account and Services. You are responsible for maintaining the security of your account at all times, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pharaoh Hosting may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pharaoh Hosting liability. You must immediately notify Pharaoh Hosting of any unauthorized uses of your account or any other breaches of security. Pharaoh Hosting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate services, comment on services, post material to your account, post links on your account, or otherwise make (or allow any third party to make) material available by means on your account(any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads visitors into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Pharaoh Hosting or otherwise.
By uploading Content to Pharaoh Hosting’s servers, you grant Pharaoh Hosting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content of your account. If you delete Content, Pharaoh Hosting will use reasonable efforts to remove it from servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Pharaoh Hosting has the right (though not the obligation) to, in Pharaoh Hosting’s sole discretion (i) refuse or remove any content that, in Pharaoh Hosting’s reasonable opinion, violates any Pharaoh Hosting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Pharaoh Hosting’s sole discretion. Pharaoh Hosting will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Pharaoh Hosting the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. You may be charged a late fee of $10.00 for any invoice not paid by the due date of the invoice; in addition any amounts payable to Pharaoh Hosting not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If any check is returned for insufficient funds Pharaoh Hosting may impose a minimum processing charge of $25.00. A minimum charge of $35.00 for all credit card chargebacks will be assessed.
- Automatic Renewal.
Unless you notify Pharaoh Hosting before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Automatic renewal renews the applicable service upon expiration of the then current term for a renewal period equal in time to the most recent service period. Upgrades can be canceled at any time by submitting your request to Pharaoh Hosting in writing. Other than as required by applicable law, Pharaoh Hosting does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your payment or usage of Pharaoh Hosting automatic renewal services, and Pharaoh Hosting is therefore unable to provide any such document upon request. In an effort to ensure the successful renewal of a customer domain name and/or secured socket level (“ssl”) registration, Pharaoh Hosting may process the renewal charges up to two weeks in advance of customer’s expiration date unless customer explicitly requests in writing otherwise.
- Suspended/Terminated Accounts.
There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated. In the event that any amount due to Pharaoh Hosting remains unpaid five (5) days after such payment is due, Pharaoh Hosting, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Pharaoh Hosting the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Pharaoh Hosting reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Pharaoh Hosting subject to an early cancelation fee of $50.00. Any cancellation request shall be effective thirty (30) days after receipt by Pharaoh Hosting, unless a later date is specified in cancellation request.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Pharaoh Hosting to respond within one to three business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Pharaoh Hosting Services. Support is not provided free of charge for third party applications. All support will be provided in accordance with Pharaoh Hosting standard services practices, procedures and policies.
- Responsibility of Website Visitors. Pharaoh Hosting has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Pharaoh Hosting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pharaoh Hosting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Customer’s Representations and Warranties
- Customer hereby represents and warrants to Pharaoh Hosting, and agrees that during the Initial/Trial Term and any Term (as such terms are defined herein) thereafter Customer will ensure that:
- Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Pharaoh Hosting to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
- Customer’s use, publication, and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
- Customer will comply with all applicable laws, rules, and regulations regarding the Customer Content and will use the Customer Content only for lawful purposes; and
- Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses, and other malicious code.
- Customer shall be solely responsible for the development, operation and maintenance of Customer Content, online store and electronic commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation: the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products; ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person; and ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing, and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
- Customer hereby represents and warrants to Pharaoh Hosting, and agrees that during the Initial/Trial Term and any Term (as such terms are defined herein) thereafter Customer will ensure that:
- Anti-Spam Policy. You may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Unauthorized use of Pharaoh Hosting’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws. You may not use any of Pharaoh Hosting’s services or network to send SPAM.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which pharaohhosting.com links, and that link to pharaohhosting.com. Pharaoh Hosting does not have any control over those non-Pharaoh Hosting websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pharaoh Hosting website or webpage, Pharaoh Hosting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pharaoh Hosting disclaims any responsibility for any harm resulting from your use of non-Pharaoh Hosting websites and webpages.
- Copyright Infringement and DMCA Policy. As Pharaoh Hosting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by pharaohhosting.com violates your copyright, you are encouraged to notify Pharaoh Hosting in accordance with Pharaoh Hosting’s Digital Millennium Copyright Act (“DMCA”) Policy. Pharaoh Hosting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pharaoh Hosting will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pharaoh Hosting or others. In the case of such termination, Pharaoh Hosting will have no obligation to provide a refund of any amounts previously paid to Pharaoh Hosting.
- Intellectual Property. This Agreement does not transfer from Pharaoh Hosting to you any Pharaoh Hosting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pharaoh Hosting. Pharaoh Hosting, pharaohhosting.com, the pharaohhosting.com logo, and all other trademarks, service marks, graphics and logos used in connection with pharaohhosting.com, or the Website are trademarks or registered trademarks of Pharaoh Hosting or Pharaoh Hosting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pharaoh Hosting or third-party trademarks.
- Advertisements. Pharaoh Hosting reserves the right to display advertisements on your blog unless you have purchased an ad-free service.
- Attribution. Pharaoh Hosting reserves the right to display attribution links such as ‘Blog at pharaohhosting.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Bandwidth. Higher levels of traffic will incur overcharges on a monthly basis. Access to web reports for network traffic monitoring and reporting are available to you. Pharaoh Hosting also provides graphs that show your monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance and other operational costs.
- CPU Usage. You agree not to use excessive amounts of CPU processing. Any violation of this policy may result in corrective action by Pharaoh Hosting, which may include assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Pharaoh Hosting’s sole and absolute discretion. If Pharaoh Hosting takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action.
- Data Backup. You are solely responsible for making back-up copies of your account content. Automated back-ups may be provided as a convenience and Pharaoh Hosting assumes no liability as to the availability or completeness of data backups. At time of cancellation or suspension for nonpayment, all data is removed from the server.
- Changes. Pharaoh Hosting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pharaoh Hosting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Pharaoh Hosting reserves the right to modify, change, or discontinue any aspect of Pharaoh Hosting’s site or the services, including without limitation prices and fees for the same, at any time, with or without notice
- Termination. Pharaoh Hosting may terminate your account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may do so by giving Pharaoh Hosting thirty (30) days prior written notice. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Pharaoh Hosting if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pharaoh Hosting’s notice to you thereof; provided that, Pharaoh Hosting can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Cancellation. You are responsible for deleting host registrations from domain registrar(s) immediately. You agree to pay Pharaoh Hosting all reasonable administrative costs if Pharaoh Hosting must intervene in deregistering the hosts.
- Disclaimer of Warranties. Services are provided “as is”. Pharaoh Hosting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pharaoh Hosting nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, at your own discretion and risk. Pharaoh Hosting is not responsible for any damages your business may suffer.
- Limitation of Liability. In no event will Pharaoh Hosting, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pharaoh Hosting under this agreement during the twelve (12) month period prior to the cause of action. Pharaoh Hosting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Pharaoh Hosting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and services, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Pharaoh Hosting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pharaoh Hosting, or by the posting by Pharaoh Hosting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Centre County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Centre County, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pharaoh Hosting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Tertium Creative, LLC. (“Pharaoh Hosting”) operates pharaohhosting.com and may operate other websites. It is our policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Pharaoh Hosting collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Pharaoh Hosting’s purpose in collecting non-personally identifying information is to better understand how Pharaoh Hosting’s visitors use its website. From time to time, Pharaoh Hosting may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Pharaoh Hosting also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on pharaohhosting.com blogs/sites. Pharaoh Hosting only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
Gathering of Personally-Identifying Information
Certain visitors to Pharaoh Hosting’s websites choose to interact with Pharaoh Hosting in ways that require Pharaoh Hosting to gather personally-identifying information. The amount and type of information that Pharaoh Hosting gathers depends on the nature of the interaction. For example, we ask visitors who sign up at pharaohhosting.com to provide a username and email address. Those who engage in transactions with Pharaoh Hosting are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Pharaoh Hosting collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Pharaoh Hosting. Pharaoh Hosting does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Pharaoh Hosting may collect statistics about the behavior of visitors to its websites. Pharaoh Hosting may display this information publicly or provide it to others. However, Pharaoh Hosting does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Pharaoh Hosting discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Pharaoh Hosting’s behalf or to provide services available at Pharaoh Hosting’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Pharaoh Hosting’s websites, you consent to the transfer of such information to them. Pharaoh Hosting will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Pharaoh Hosting discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Pharaoh Hosting believes in good faith that disclosure is reasonably necessary to protect the property or rights of Pharaoh Hosting, third parties or the public at large. If you are a registered user of an Pharaoh Hosting website and have supplied your email address, Pharaoh Hosting may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Pharaoh Hosting and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Pharaoh Hosting takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Pharaoh Hosting, or substantially all of its assets, were acquired, or in the unlikely event that Pharaoh Hosting goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Pharaoh Hosting may continue to use your personal information as set forth in this policy.