This is the terms of service that you the “customer”, “buyer”, “user” or “client” agree to when using our “Pitago”, “https://pitagollc.com, “Us” or “We” services. Please read through these terms of service as it contains important information regarding your rights and information about your account and the services we offer.
1. INDEMNIFICATION AND RELATIONSHIP OF PARTIES
The customer agrees to indemnify and hold us harmless from any lawsuit, claim, charge, or expense, including reasonable legal fees and costs of defence, for any matter arising from or relating to User’s website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between us and the customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that we have no interaction with the data or substance of a customers website, except as necessary to maintain the website.
2. PAYMENTS & PRICE CHANGES
The user agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup each month or year following execution of this agreement.
The user agrees any payment not received within 3 days of said renewal date shall be considered late and the service may be suspended, either automatically or manually.
The user agrees any payment not received within 14 days of said renewal date shall be considered in default and service shall be terminated automatically. If you wish to restore a cancelled account or receive a backup of a suspended account, there will be a $100.00 fee if there is a backup available.
Pitago reserves the right to amend the prices listed on https://pitagollc.com, and the right to increase or reduce the resources given to plans at any time without prior notice to you.
The amount you pay for hosting will never increase from the date of purchase without at least 30 days prior notice.
3. TERM OF CONTRACT & TERMINATION/CANCELLATION
This agreement shall have an initial term of 14 days from the date of execution hereof, unless otherwise specified by sign up request such as our annual plans. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled renewal date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If the user does not notify us of their cancellation request at least 3 days in advance of date of execution, the user will be responsible for the payment due for the next equivalent period.
4. REFUND POLICY AND MONEY BACK GUARANTEES
The user understands that in order to qualify for the money back guarantee, they must inform us within 14 days of the standard service becoming active. Any requests after this 14 day period will result in services being cancelled only when the next billing cycle is due.
The user understands that all “special offers” which include, but are not limited to: Seasonal offers, one off offer, reduced monthly payments, reduced yearly (not included the standard yearly discount) and any other offers as specified on our website or through correspondence hold a 10 day money back guarantee. We have taken this step due to the increase in temporary sign ups.
The user understands that all refunds can only be returned using the original payment method. We cannot refund using an alternative payment method to the one which was used when setting up the service.
The user understands that our 14 day money back guarantee will be backdated to the date of the original purchase. Any additional services are not included in this guarantee.
The user understands any hosting plan requires a valid domain name in order to work. If the user no longer owns the domain name registered on their reseller hosting account or it expires this can lead to service interruption and they must inform us as soon as possible.
The user understands that we reserve the right to withhold a refund in cases where we feel the guarantee is being abused.
Our money back guarantee excludes accounts which have been suspended/terminated due to breaches of these terms of service. In these cases a refund will not be offered due to the administration time and costs involved.
5. REFUSAL OF SERVICE
Pitago reserves the right to refuse or cancel services at its sole discretion. Failure to follow any terms or conditions established by us may result in the immediate termination and forfeiture of any refund agreements. This includes, but is not limited to abuse of our staff (foul or derogatory comments) and/or our network.
6. WEBSITE CONTENT
As long as the users content does not break any applicable laws (within within Africa & Europe) or causes harm to any specific race, creed or gender, it will be allowed to exist on the users website.
The user is responsible for any and all content they place on their website, or transfer by any other means using hardware and or bandwidth belonging to Pitago.
Pitago reserves the right to remove any page and/or content at any time without notice.
The user agrees not to host any unauthorised copyrighted material such as music, movies, photographs without prior permission or which would break copyright law.
Examples of unacceptable material on a users hosting account, but not limited to the following:
Pornographic Material (of any kind)
Websites that stream copyrighted material such as TV shows, movies or sports, either directly or via 3rd party websites
File Dump/Mirror Scripts (similar to rapidshare)
Websites promoting illegal activities
Websites and/or forums/communities that distribute or link to pirated/illegal content
High-Yield Interest Programs (HYIP) or Related Sites
Sale of any controlled substance without prior proof of appropriate permits or licences
Prime Banks Programs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Fraudulent websites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
7. THE USE OF OUR SERVICE
The user agrees to maintain their website in a manner consistent with any and all applicable laws and regulations (within Africa & Europe), acceptable uses and standards in effect, or which become in effect, during the term hereof.
The user agrees to practice common courtesy in its use of our service, and refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.
The user agrees to keep their contact email address with us current at all times. The user also agrees that Pitago has no liability for lost or undelivered email messages concerning the status or payment due for a users account.
The user agrees no notices for account status or invoices will be sent via postal mail or telephone, unless initiated by Pitago as required by law to collect payment.
Resource usage, The user may not:
Use your account as a staging area for a domain name. This falls under misuse of our servers.
Use 25% or more of system resources for longer then 90 seconds. Activities that could cause such problems include, but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of mass email software resulting in a large number of failed messages, often referred to as spam mail. This includes the use of server resources and/or subsccounts to do the same.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared hosting account.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run cron entries with intervals of less than 15 minutes.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Account Limitations: You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you are unsure if your intended use violates these terms of service please contact us.
Inode Limits: All shared hosting plans are limited to 500,000 inodes. Each cPanel account owned by a reseller hosting plan is limited to 500,000 inodes. VPS plans do not have an inode limit.
Disk Space Usage (Unlimited Plans): Your account may not be used as a storage and/or backup service for files/archives. Regular backups of databases, websites, etc, are permitted within reason. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. Pitago reserves the right to suspend/terminate any service for resource abuse at their discretion.
8. BACKUPS AND DATA LOSS
Pitago will run a back-up service once daily (stored offsite), overwriting any previous back-up made. The back-up process is provided as a courtesy, therefore it is recommended users always keep their own back-ups accordingly. Pitago is not responsible for files and/or data residing on your account. The user agrees to take full responsibility regarding the maintenance of all appropriate backups and data stored on Pitago’s servers. While Pitago does maintain backups of your files and data, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account/user larger than 5 gigabytes, will be excluded from our backup systems with or without notice, however all data will continue to be mirrored to a secondary drive (helping to protect your data in case of drive failures). All cPanel backup files, backup -*.tar.gz and cpmove-*.tar.gz, older than 120 hours (5 days) will be removed from the server automatically.
User Initiated cPanel Back-Ups: Since the backup process which packages and compresses your account can be very resource intensive (all full cPanel backups should be performed during off-peak times as indicated below). Any backup process found to be running during peak hours will be disabled and possibly suspended.
Resellers are responsible for ensuring clients websites are backed up, we provide the tools (Jetbackup & cPanel Backup tools) to make it easy to backup each website, we cannot always set Jetbackup to backup every 24 hours on your clients account because the terms of service need to be agreed to by by your client. You understand we are not responsible for your clients backups.
Acceptable Time periods to run full cPanel back-ups (off-peak hours): Monday through Sunday 10pm-6am
*If your account is bigger than 5GB in size you can still back-up your account by downloading MYSQL via PHPMyAdmin and downloading your core files via FTP.
User agrees not to attempt to undermine or cause harm to any server or customer of Pitago. Failure to comply with this rule will result in the immediate termination of the users account.
10. UNSOLICITED ELECTRONIC MAIL (EMAIL SPAM)
User is expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through these terms of service.
11. SETTING UP YOUR ACCOUNT
The user understands that it may take up to 24 hours for any hosting account to be activated. Pitago will setup your account once payment has been received and processed and once your account has been verified. If you do not receive your account information within 24 hours and have not received an email from Pitago, please contact us immediately.
The user agrees that all accounts should be set up using a valid and registered domain name.
The user agrees that all domain names associated with an Pitago account must be pointing to our servers using the relevant nameservers as set out in your account information email.
The user agrees and understands that any accounts setup with a domain name which has not been registered or which is using a domain name which is not pointed to our servers will be terminated without warning. We run our system every 5 days.
These actions are for security, to protect server reputation, resources and avoid misuse of cPanel accounts.
12. TRANSFERRING YOUR WEBSITE
The user understand that any transfer of websites from the users old web hosting provider to Pitago is provided as a courtesy and is not guaranteed. There is no guarantee Pitago will be able to transfer all of your website files from your old web hosting account to your new web hosting account. Keep in mind, every web hosting company is different and sometimes web hosts configure their servers in a manner that makes it impossible for us to seamlessly transfer all data from your old web hosting account to your new web hosting account.
Pitago takes all reasonable precautions to ensure any information the user submits is protected and not distributed to any 3rd parties. At no point in time, will Pitago use any information provided to us for any purpose other than to keep in contact with user, provide services purchased by user or to verify a users identity. We will not disclose any personal information about user to third parties (without prior written consent).
Pitago may disclose users information to law enforcement agencies without prior consent or notification to the user upon receiving a lawful request.
Daily backups (JetBackup) are provided as a courtesy and should not be relied on to replace any of your own backups which should be performed at regular intervals. Pitago cannot be held liable for any availability issues of backups including, but limited to:
Daily Backups (JetBackup) not performing a specific backup.
Loss of data through a backup not being available.
Any loss of data through client actions.
The availability of JetBackup on our servers.
15. NETWORK STATUS TOOL
The network status tool is offered to help you monitor your website or servers and is available to customers with a valid account as login is requried. We don’t monitor the websites or servers you add to your clients and do not share any information provided elsewhere. Pitago reserves the right to stop offering this tool/ service at anytime without prior notice.
16. SCOPE OF AGREEMENT
This agreement must be honoured by all sub domains and dedicated servers of Pitago.
By simply using our website and purchasing our services you are agreeing to these terms, it is your responsibility to keep up to date with these terms of service and ensure you agree to them.
Our support agents are available to you a user with server related issues or questions only. Any problems relating to website building or configuration should be outsourced to a web developer.
18. SERVER RESOURCS
Server resources are provided as is. A user account is provided in a shared hosting environment and we are unable to increase resources for any particular account for any reason. This is to protect all server resources from abuse. As this is a shared hosting environment, certain features are unavailable on cPanel and/or WHM which would normally be available on a dedicated service such as VPS or Dedicated Server. This is industry standard and as with server resources, we are unable to provide access to any other features not shown on a cPanel or WHM account.
WHMCS is a separate entity to Pitago and provides it own support. We cannot offer support for any issues or errors present on the WHMCS software. We can however provide support with WHMCS implementation or integration on to your server.
20. LATE FEES
Pitago reserves the right to add late fees after 48 hours if payment has not been received
Technical assistance is always available 7 days a week