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This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Pandora Computer Service (the "Services"). As used in this Agreement, "Client", "you", or "your" means you. As stated in Paragraph 5 of the Website Contract you and Pandora Computer Service anticipate entering (herein after referred to as “Contract”, the herein Terms and Conditions are incorporated in the Contract by reference and are enforceable as terms of this Contract.As referred to in this Agreement, “Site" refers to a World Wide Web site and "PandoraCS.com site" refers to the Site located at the URL http://www.PandoraCS.com, or any other successor Sites owned or maintained by Pandora Computer Service.
1. APPROPRIATE USE OF THE SERVICES.
Pandora Computer Service only provides the Services and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Pandora Computer Service server in connection with Client's use of the Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Pandora Computer Service or any third party; are defamatory, slanderous or trade libelous; are threatening, offensive or harassing; content that contains pornography; content that may be determined to be discriminatory based on gender, race, age or promotes hate; violate any Pandora Computer Service policy posted on the site including, but not limited to, our Acceptable Use Policy, SPAM Policy, and CGI Abuse Policy. contain viruses or other computer programming defects which result in damage to PandoraCS.com or any third party.
Bandwidth. Pandora Computer Service Servers utilize IP throttles that will prevent excessive usage on your site, if you have requested these throttles to be lifted then you are solely responsible for the potential usage. If for some reason we have problems with the throttles we may allow a credit of usage but we make no promises and evaluate the usage on a case by case basis.
No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at or through Pandora Computer Service or through any assistance of the Site, or otherwise, that mention or reference any domain hosted on pandoracs.com servers or parked on pandoracs.com DNS servers. NOTE: THIS POLICY APPLIES TO ALL ACCOUNTS INCLUDING VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our (SPAM Policy). Please adhere to this rule!
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Pandora Computer Service if requested; however, Pandora Computer Service does not warrant or guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
Termination. Pandora Computer Service reserves the right to refuse service to anyone. Pandora Computer Service, in its sole discretion, may immediately terminate this Agreement if Client for any reason. To report any unacceptable behavior by a third party using the Services, please contact
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2. PAYMENT OBLIGATIONS
Service Fees. By the Tenth (10th) of each month, Pandora Computer Service shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. The failure of Pandora Computer Service to complete the tasks described in (i) or (ii) above shall not be construed as a waiver by Pandora Computer Service of any provisions herein or a waiver of the right of Pandora Computer Service to any payment for services. Where an invoice is delivered to Client, Client shall remit payment to Pandora Computer Service by no later the specified payment due date. Pandora Computer Service shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Pandora Computer Service. Certain services carry a set-up fee charged by Pandora Computer Service to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement for any reason, Client shall be responsible for any outstanding fees owed to Pandora Computer Service and agrees to pay any and all fees incurred by Client from Pandora Computer Service or any other third party. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Pandora Computer Service for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining if Client provides written notice to Pandora Computer Service by the 25th of the preceding month.
Domain Names. If Client chooses to register a domain name(s) through Pandora Computer Service, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Pandora Computer Service does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
Client agrees that the liability of Pandora Computer Service for damages or any other liability, regardless of the form of action, shall not exceed the total amount paid by Client to Pandora Computer Service. This shall be Client’s exclusive remedy. Client further agrees that Pandora Computer Service will not be liable for any lost profits, or for any claim or demand against Client by any other party. In no event will PCS be liable for incidental or consequential damages (including lost profits or lost business opportunities), special damages, exemplary damages or punitive damages, even if Pandora Computer Service has been advised of the possibility of such damages. In no event will Pandora Computer Service be liable to any person or entity, including Client, for lost data, use of the Site or any of the Services. Client agrees to indemnify and hold Pandora Computer Service harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys' fees, arising directly or indirectly out of services of Pandora Computer Service or this Contract.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you execute the Contract so long as Pandora Computer Service also executes the Contract, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4 or unless terminated earlier for any reason by Pandora Computer Service. Either party has the right to terminate this Agreement upon written notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 of this Agreement and Client’s obligations to Pandora Computer Service shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Once payment has been received by Pandora Computer Service, Client's account will be activated within two business days. Pandora Computer Service will maintain an archival copy of Client's Web site for Seven (7) days after Pandora Computer Service receives written notice of cancellation. Thereafter, Client will need to place a new order if Client wishes to subscribe to the Services.
5. TAXES
Client will pay and indemnify and hold Pandora Computer Service harmless from any and all taxes associated with or arising from Client's use of the Services and associated with third party services provided in connection with the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY – CHOICE OF LAW - COURTS
The parties understand that Pandora Computer Service has provided absolutely no warranties of any kind, whether express, implied or statutory.
The services, the pandoracs.com site, including without limitation, all products and services displayed or offered on the pandoracs.com site, and all text, graphics, links, and applications are provided to client on a ‘as is’ basis and without warranty of any kind. Pandora Computer Service disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Pandora Computer Service specifically disclaims any warranty that (1) the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.
7. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by certified U.S. mail, return receipt requested.
Notices under this Agreement shall be transmitted to:If to Pandora Computer Service:
Pandora Computer Service
618 Buttermilk Pike, Suite 200
Crescent Springs, KY 41017
If to Client:
Name and address of Client provided in the Contract
Actions. In the event of commencement of any legal action regarding any term or condition of this Agreement or enforcement of this Agreement, such action by agreement is to be subject to the jurisdiction of the courts of Kenton County, Commonwealth of Kentucky, and shall be filed only in such courts and no other courts.
Relationship. Nothing in this Agreement shall constitute the relationship of an employer and employee, a partnership or a joint venture.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Pandora Computer Service. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws the Commonwealth of Kentucky, except with regard to it's conflict of law rules. This Agreement and Pandora Computer Service's policies are subject to change by Pandora Computer Service without notice. Continued usage of the Services after a change to this Agreement by Pandora Computer Service or after a new policy is implemented and posted on the PandoraCS.com site constitutes your acceptance of such change or policy. We encourage you to regularly check the Pandora Computer Service site for any changes or additions.
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