1. Platinum1Host Web Hosting & Customer Restrictions
2. Platinum1Host Customer Terms of Service
3. Platinum1Host Customer Billing Policy

1. Platinum1Host Web Hosting & Customer Restrictions

The following Terms of Service apply to ALL of Platinum1Host's Web Hosting plans, and supplement the terms in sections C and D that apply to all Platinum1Host customers:

1.1 Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a larger plan. Platinum1Host will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US $9.95/month. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

1.2 Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Platinum1Host's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Platinum1Host server, and selling or distributing software (on a web site residing on a Platinum1Host server) that facilitates spamming. Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.

First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 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 $75 per hour that Platinum1Host personnel must spend to investigate the matter.

Platinum1Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

1.3 Bulk Email Policy

We also monitor "Bulk E-mail". Any mailing over 2500 messages must be pre-approved. In addition, any email account sending over 500 messages per day will be considered "Bulk". There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. There is a limit of 250 email per hour that each domain can send out through SMTP. Platinum1Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

1.4 IP Address Ownership

If Platinum1Host assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Platinum1Host, and Customer shall have no right to use that Internet Protocol address except as permitted by Platinum1Host in its sole discretion in connection with the Services, during the term of this Agreement. Platinum1Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Platinum1Host, and Platinum1Host 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.

1.5 CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Platinum1Host does not permit CGI script sharing with domains not hosted by Platinum1Host or any scripts that may be abused for UCE purposes.

1.6 Chat Rooms

Platinum1Host does not allow Web Hosting customers to install their own chat rooms in the shared hosting environment. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. Platinum1Host provides chat rooms that meet most users' needs and run without hindering system performance. You may elect to purchase a dedicated server to run a chat room effeciently.

1.7 Background Running Programs

Platinum1Host may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Platinum1Host at sales department so that we can arrange set-up.

1.8 IRC

Platinum1Host does not allow IRC or IRC bots to be operated by Web Hosting customers. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or like services.

1.9 Multimedia Files

Multimedia files are defined as any audio and/or video files. Platinum1Host Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 50% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

1.10 Acceptable Use

Platinum1Host strictly enforces compliance with its acceptable use terms under this paragraph 1.10. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.

4.5 You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.

4.10 You agree not to sublease your account, www.yourcompany.com/client, or offer free space to other clients. Our web plans are for single users only.

4.12 Silver Shared Web Hosting accounts come pre established with 1,000 MB of storage. Platinum Shared Web Hosting accounts come with 1,500 MB of storage. If requesting the additional storage offer at no additional charge, you agree that you must 1) be already utilizing 90% storage capacity with the files being stored directly utilized for the website 2) not be utilizing storage capacity for emails 3) must request the increase in writing to support@Platinum1Host.com and 4) agree to have storage increased in 500 MB increments up to the alloted maximum free storage offer. All requests for additional storage are subject to approval.

1.11 SSH/Telnet Access

SSH access to our server is granted on a limited basis. To obtain SSH access you need to send the sales department a copy of the account holders photo ID. Also include justification to why you need SSH access, we will then determine if we will grant SSH access to you. There are very few vaild reasons for granting SSH access.

phpshell / cgitelnet scripts, like scripts are not allowed at all, for any reason on our servers. Any website found with this script installed will be immeidately terminated. Platinum1Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

1.12 System and Network Security

Users are prohibited from violating or attempting to violate the security of the Platinum1Host Network. Violations of system or network security may result in civil or criminal liability. Platinum1Host 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 forum posting.

Taking any action in order to obtain services to which such user is not entitled.

Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "Chrome Plans" for instance to get the combined bandwidth & space. Platinum1Host will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

2. Platinum1Host Customer Terms of Service

The following Terms of Service apply to all Platinum1Host customers:

2.1 Bandwidth

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. Platinum1Host will monitor Customer's bandwidth and disk usage. Platinum1Host 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 Platinum1Host's sole and absolute discretion. If Platinum1Host 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, Platinum1Host may, at its sole discretion, collect a deposit, in an amount determined by Platinum1Host, against customer's credit card on file with Platinum1Host.com.

2.2 Disk Space

Insta-Web Silver accounts come pre established with 1,000 MB of storage. Insta-Web Platinum accounts come with 1,500 MB of storage. E-Success Silver accounts come with 2,000 MB storage. E-Success Platinum accounts come with 2,500 MB storage.If requesting the additional storage offer at no additional charge, you agree that you must 1) be already using at least 90% storage capacity with the files being stored being directly used for the website 2) not be using storage capacity for emails 3) must request the increase in writing to the support department and 4) agree to have storage increased in 500 MB increments up to the alloted maximum free storage offer. All requests for additional storage are subject to approval. This only applies to the shared hosting accounts detailed above.

2.3 Sub Domains

You agree not to sublease your account, www.yourcompany.com/client, or offer free space to other clients. Our web plans are for single users only.

2.4 Platinum1Host Services

Platinum1Host's 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 particular Web server that Platinum1Host provides to customers);
any use by customers, or any access provided to customers by Platinum1Host, of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by Platinum1Host 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 Platinum1Host to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the Platinum1Host's web site, including the web site itself;
any other service mentioned in the TOS;
any other service provided by Platinum1Host to customers, whether used or not;
any other Platinum1Host services that are used by customers, whether offered or provided by Platinum1Host to customers.

2.5 Ownership of Web Site

The legal owner of customers’ web sites and accounts with Platinum1Host will be the individual or organization whose name is listed in Platinum1Host's database as the owner. Customers will fully cooperate with and abide by any and all of Platinum1Host's security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with Platinum1Host.

2.6 Illegal Use

Platinum1Host servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Platinum1Host services, all Platinum1Host customers certify that they and/or the organization they represent in procuring services from Platinum1Host are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

2.7 Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Platinum1Host's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Platinum1Host server, and selling or distributing software (on a web site residing on a Platinum1Host server) that facilitates spamming. Violators will be assessed a minimum fine of U.S. $200 and will face immediate suspension. Platinum1Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

2.8 System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

2.9 Viruses and Other Destructive Activities

Use of Platinum1Host's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Platinum1Host's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

2.10 Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Platinum1Host customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Platinum1Host customer (per the DMCA) to Platinum1Host must follow the below procedures. Copyright infringement notifications submitted to Platinum1Host according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Platinum1Host's sole discretion.

DMCA Copyright Infringement Notification Requirements:

2.8a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

2.8b. Identification of the copyrighted work(s) claimed to have been infringed.

2.8c. Identification of the material claimed to infringe the copyright(s), and enough information for Platinum1Host to locate it including URLs and specific descriptions of the infringing material at each URL.

2.8d. The Claimant's name, address, and telephone number(s).

2.8e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

2.8f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

2.8g. Mail the notification to: abuse department.

2.11 Content

Platinum1Host believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their files): racism or prejudice due to color, creed, sexual orientation, or belief; profanity or obscene language towards anyone but yourself; any violent/malicious content. We do allow legal adult content. We prefer that you self-govern your content and are responsible as to what your website provides. You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website. We do not have the resources and time needed to govern our servers constantly which have growing and evolving content. However, if Platinum1Host is made aware of any questionable content on a Platinum1Host-hosted site, we will address the concerns directly with you and seek an amiable resolution. If anyone contacts us about content they have found on a Platinum1Host server that copyrights their own material or that they wish to be removed, we require legal documentation to take any further action.

2.12 Child Pornography

The use of Platinum1Host's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Platinum1Host is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

2.13 Privacy

Platinum1Host is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Platinum1Host urges its customers to assume that all of their on-line communications are insecure. Platinum1Host cannot take any responsibility for the security of information transmitted over Platinum1Host's facilities. Additional details on privacy and Platinum1Host's use of customer information can be found in Platinum1Host's Privacy Statement located at Http://www.Platinum1Host.com/privacy.php

2.14 Customer Responsibility

Customers are required to use the Platinum1Host network responsibly. This includes respecting the other customers of Platinum1Host. Platinum1Host reserves the right to suspend and/or cancel service with any customer who uses the Platinum1Host network in such a way that adversely affects other Platinum1Host customers. While Platinum1Host may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Platinum1Host does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when Platinum1Host becomes aware of any violation of the TOS or other user agreements, Platinum1Host may take any action to stop or correct such violation, including, but not limited to, denying access to Platinum1Host's services and equipment or to the Internet. In addition, Platinum1Host may take action against a customer or a customer of such customer because of the activities of such customer. Platinum1Host anticipates that customers who offer Internet services will cooperate with Platinum1Host in any corrective or preventive action that Platinum1Host deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Platinum1Host policy and Platinum1Host reserves the right to take any such action even though such action may affect other customers of the Platinum1Host customer.

2.15 Actions Taken by Platinum1Host

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Platinum1Host will be the sole arbiter as to what constitutes a violation of the TOS. Platinum1Host reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Platinum1Host becomes aware of an alleged violation of its TOS, Platinum1Host will initiate an investigation. During the investigation, Platinum1Host may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Platinum1Host may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Platinum1Host will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Platinum1Host does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Platinum1Host.

2.16 Indemnification

Platinum1Host customers agree to protect, defend, hold harmless, and indemnify Platinum1Host, any third party entity related to Platinum1Host (including, without limitation, third party vendors), and Platinum1Host's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Platinum1Host, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Platinum1Host's services.

2.17 Disclaimer

The Platinum1Host 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. Platinum1Host expressly disclaims any representation or warranty that the Platinum1Host service will be error-free, secure or uninterrupted. No oral advice or written information given by Platinum1Host, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Platinum1Host 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.

2.18 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, Platinum1Host may immediately terminate provision of Platinum1Host's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Platinum1Host in such event.

2.19 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL PLATINUM1HOST (INCLUDING, WITHOUT LIMITATION, PLATINUM1HOST's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS PLATINUM1HOST, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING PLATINUM1HOST's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR PLATINUM1HOST SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY PLATINUM1HOST SERVICES EVEN IF PLATINUM1HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLATINUM1HOST's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR PLATINUM1HOST's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY PLATINUM1HOST OR PLATINUM1HOST's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

2.20 Modifications

Platinum1Host may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Platinum1Host's services. Certain changes to Platinum1Host's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Platinum1Host is not liable, for any and all such personalized applications and content, except as expressly agreed to by Platinum1Host.

2.21 Backup of Data

Except where Platinum1Host has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Platinum1Host is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Platinum1Host services. We will perform nightly backups of your sites, however this is only for use in case of catastrophic incidents, you are responsible to all off site backups. The backups we perform are not available to customers directly.

2.22 Third Party Licenses

Platinum1Host makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Platinum1Host makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Platinum1Host specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Platinum1Host liable in any way for the revocation of any license, which has been licensed to Platinum1Host. The use of the Technologies obtained from or through Platinum1Host, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

2.23 Non-Platinum1Host Products

Any mention of non-Platinum1Host products by Platinum1Host, its employees, or any third party entity related to Platinum1Host is for information purposes only and does not constitute an endorsement or recommendation by Platinum1Host. Platinum1Host disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Platinum1Host products or services.

2.24 Platinum1Host's Intellectual Property

Customers will not, without Platinum1Host's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Platinum1Host's web site, and customers will not use any of Platinum1Host's trademarks, service marks, copyrighted materials, or other intellectual property without Platinum1Host's express written consent. Customers will not, in any way, misrepresent their relationship with Platinum1Host, attempt to pass themselves off as Platinum1Host, or claim that customers are Platinum1Host.

2.25 Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Platinum1Host's services, either in whole or in part, without the prior written consent of Platinum1Host.

2.26 Minimum Age Requirement

Platinum1Host 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 in order for the Minor to become a Platinum1Host 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 Platinum1Host services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Platinum1Host's express written consent to the contrary. Any acceptance of the TOS or any other agreement for Platinum1Host's services will be deemed null and void to the extent that Platinum1Host will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Platinum1Host's services.

2.27 Governing Law and Severability

The TOS, and any other agreement for Platinum1Host services, will be governed by and construed in accordance with the laws of the State of New York, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Platinum1Host will take place in New York, New York, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Platinum1Host 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.

2.28 Force Majeure

Platinum1Host will not be liable for delays in its performance of the TOS or Platinum1Host services caused by circumstances beyond Platinum1Host's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, terrorist attacks, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Platinum1Host 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 AmendmentAny waiver, modification, or amendment of any provision of the TOS or other agreement for Platinum1Host services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Platinum1Host.

2.29 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 Platinum1Host and its customers. Each of Platinum1Host 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.

2.30 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.

2.31 Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for Platinum1Host services, constitutes the complete understanding and agreement between Platinum1Host and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Platinum1Host, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Platinum1Host services is between Platinum1Host and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Platinum1Host.

3 . Platinum1Host Customer Billing Policy

The following Terms of Service constitute Platinum1Host's Billing Policy and apply to ALL Platinum1Host customers:

3.1 Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. Platinum1Host accepts the following types of payment:
- Credit card (VISA, MasterCard)
- PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Platinum1Host your credit card information, you authorize Platinum1Host to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card or paypal account until such time that you cancel your account in accordance with Platinum1Host's Billing Policy in the TOS. You are responsible for directly updating, or notifying Platinum1Host, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Accounts that are two (2) days past due will be automatically suspended.

Sites suspended for non-payment, may be required to pay up to an entire year in advance before being un-suspended and/or pay a $15.00 re-activation fee, per incident. In addition, all fees due, must be collected before re-activation. Accounts that are not collectable by Platinum1Host 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, but no more than $150.

3.2 Billing Cycles (Terms)

Platinum1Host offers monthly and annual Billing Cycles (terms) for hosting charges. The Billing Cycle begins on the Plan Activation Date.

All additional features added to an account are charged monthly. Additional items are non-refundable.

3.3 Account Renewals

In order to insure 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 original plan/package rate on the date of renewal 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.

3.4 Statements

Platinum1Host does not mail paper invoices or statements. We will notify you 3 days prior to billing your account, this is a reminder for your records, once your account is billed you will get a email notice of payment from the payment processor.

3.5 Fees

Credit Card Chargebacks
A $35.00 chargeback fee will be assessed for each credit card chargeback received by Platinum1Host.

3.6 Reactivation

Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if Platinum1Host restores your data files to your reactivated account.

3.7 Hosting Plan Changes

There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between orginal package plan rate and the new package plan rate.

3.8 Upgrading Hosting Plans & Hosting Specials

Platinum1Host regularly runs specials on hosting packages. If you have purchased a hosting package from Platinum1Host and within the first 30 calendar day's of that account Platinum1Host offers a special on the same named package or plan that you have purchased you can have your features upgraded or altered to match the features of the special offer.

If you account is older than 30 calendar days, you will have to upgrade your hosting plan to receive the special and it's additional features. If a hosting plan offers a reduced price anytime after you purchase your account, you will have to upgrade your current plans to receive the special offer pricing and features.

3.9 Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Platinum1Host's Billing Team, at sales department. Platinum1Host's billing 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.

Cancellation requests must be received by Platinum1Host a minimum of fourteen (14) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Platinum1Host. Platinum1Host is unable to cancel your account effective for a future date. Platinum1Host will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Platinum1Host as soon as possible.

If you request to cancel your account within the first 30 days of service and request a refund, we will close your account immediately once the refund is processed.

Platinum1Host 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 directly related to Platinum1Host's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Platinum1Host reserves the right to cancel any account, at any time, without notice, for any reason Platinum1Host considers appropriate.

3.10 Satisfaction Guaranteed

30 Day Guarantee Statement
If for any reason you are unhappy with the services you receive from Platinum1Host during the first 30 days of service, you may request in writing via email or by our cancellation form (as mentioned above) that your services be discontinued at which time you will receive a full refund (not including domain and/or set up fees). You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. This 30 Day Guarantee only applicable to Platinum1Host shared web hosting.

3.11 Performance and Uptime Guarantee

Platinum1Host guarantees that the network will be available 99.5% of the time in a given month, excluding scheduled maintenance and circumstances beyond our control (i.e. down routers, faulty hardware, DoS attacks, web site configuration issues, mis-configured customer scripts and applications, etc.). Therefore after network downtime of 437.76 minutes per month Platinum1Host Network will refund 100% of the next months hosting fee.

3.12 What other hosts don't tell you.

How is the 437.76 minutes calculated? There are 365 days per year divided by 12 months in a year = 30.4 days per month. And there are 60 minutes in an hour, 24 hours in a day or 1440 minutes in one day. So 30.4 days per month times 1440 minutes each day is 43776 minutes per month. 1% of that is 437.76 minutes a month, or 7.2 hours a month.

This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" or other issues outside of our control. If you have a dedicated server through our network, the same SLA applies. Web hosting customer's SLA does not cover any load issues caused by illegal or mis-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, that means if mySQL is down but your website is still working and/or your email is working there is no downtime. Downtime is complete website inaccessibility.

To be eligible for this SLA, your account must be in good standing. To have your account credited under the SLA a trouble ticket must be submitted and verified, you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number referenced by the 3rd of the following month. Any customer within the Platinum1Host Network automatically qualifies to participate in this SLA.

3.13 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. Refunds are offered for shared web hosting plans only. Domain and set up fees are non-refundable

3.14 Credit Card Disputes/Chargebacks

Platinum1Host 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 Platinum1Host's discretion. A charge of $35.00 per chargeback will be assessed to all accounts that receive a chargeback.

3.15 Billing/Price Changes

Platinum1Host's policies and prices are subject to change without notice. Any price changes will only affect new accounts, or upgrade/downgraded accounts.

3.16 Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. Address, e-mail, fax, and telephone contacts are used, in that order of preference. In additional, Platinum1Host will not tolerate any verbal abuse to it's staff and/or customers. If such situations occur Platinum1Host can and will deactivate your account immediately without refund to the offender.