Terms of Use (Terms & Conditions)
Overview
This web page represents our Terms of Use and Sale ("Agreement") regarding our website, located at PaidBoom.com, and the products we provide you (the "Website" or the "Service").
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
We refer to this Agreement, our Privacy Policy accessible at https://PaidBoom.com/privacy-policy, and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.
01. General Terms
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.
The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and other regional domain authorities for the various country-specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable in spite of refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
PaidBoom is not responsible for any damages your business may suffer. PaidBoom does not make implied or written warranties for any of our services. PaidBoom denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PaidBoom.
02. PaidBoom reserves the right to refuse service to anyone.
The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges – Paidboom provides the use of cPanel and backyard to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
Term – The Service is provided to you for as long as you wish to use it, however, we withhold the right to terminate the service if you use it in a way that violates the terms of use.
03. Delivery of The Services or Products.
Your account will be activated immediately upon successful payment n shared cloud hosting and you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.
For other managed hosting service, you would have to wait until it is being delivered & you're not allowed to raise a dispute within 5 days of the purchase.
Automated receipt from our systems: Your unique email will be on this receipt and should be used for any enquiries to Paidboom.
Please note that we aim to deliver all services as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.
All orders are delivered electronically via email, If you have any questions about your order please contact us at support@paidboom.com
Paidboom aims to respond to all enquiries as fast as possible to sure we could at least satisfy clients needs. We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method
Paidboom may perform additional verification on orders if we found suspicious via telephone, SMS or other fraud detection systems or by asking the ID proof.
04. Acceptable Usage Policy.
It is acknowledged by users of Paidboom services that these resource allotments are optimized and dedicated to serving web documents and self-need email / FTP services and is not to be used as an offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via an HTML document stored on the Internet in a publicly or privately accessible area and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Paidboom servers.
Shared & Reseller Services:
Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.
Accounts should not exceed the limits as enforced by on our servers.
Limits Per cPanel Account
- Disk Space: Allocate from plan
- Bandwidth: Allocate from plan
- Physical Memory: 1024MB (1GB)
- Concurrent Connections: 10
- Number of Processes: 10
- I/O Limit: 1048KB/s
- I/O operations per second: 1024
- Inodes (soft/hard): 100,000 / 250,000
- CPU: 25% of one CPU core
User may not:
- 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 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 any gaming servers such as counter-strike, half-life, battlefield, etc
- Run cron entries with intervals of less than 15 minutes.
File quota limits are enforced to ensure system operating integrity and reliability and are limited to 300,000 files on Linux plans. The intention of Paidboom is to provide ample resources for customer convenience so that customers don't have to worry about exceeding limits.
It is also acknowledged by users of Paidboom services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the number of available resources for the use, including but not limited to disk drive space, CPU processing power, memory and access speed. Paidboom takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Paidboom services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Paidboom, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Paidboom reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair use” of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of PaidBoom.
If a “Fair-Use” breach occurs, which’s determination is solely up to Paidboom, the subscriber may have to remove files from or reduce access to subscriber’s account to an extent as determined by Paidboom, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Paidboom may have to take.
05. Grounds for Suspension and Termination.
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Paidboom to suspend or terminate your account. You agree that Paidboom has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
- Using the Service in a way, which constitutes a violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a cleanup fee of $30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using your hosting as a file or image hosting service.
- Using the Service in an attempt to break security, or so as to actually break the security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempted from this.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender�s identity or location. This includes the hosting of Proxy Server applications.
- Uploading, linking to or storing warez, cracks or other pirated software.
- Hosting IRCD, image hosting sites, autosurf, port scanners, banner-ad services, escrow, banking, investment, lottery, gambling and pharmacy sites.
- Hosting nulled or cracked versions of scripts or softwares and other licensed softwares and/or programs.
- Assisting in or directly distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- Using the Service for unauthorised relays through any third party systems.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a $50 fine per chargeback and deny any future business.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party�s) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Paidboom may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Paidboom as soon as you become aware of unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- Intellectual Property – Paidboom does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to support@paidboom.com
- Child pornography, in any form, is strictly forbidden on our servers and services.
- Continuing a specific identification of the allegedly infringing material and the location(s) on Paidboom �s facilities where the materials are to be found. Upon receipt of such written notice, Paidboom will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Paidboom receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Paidboom will send you a copy of that notification. Unless you notify Paidboom of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
- Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Paidboom, neither Paidboom nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Paidboom neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Paidboom is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Paidboom equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Paidboom and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, Paidboom is not acting as a telecommunications carrier or telephone company, that there is no representation made by Paidboom as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Paidboom has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to Paidboom as a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Paidboom may pursue any such claims against you in Court.
- You agree that in no event will Paidboom have financial liability to you.
- Warranty – PAIDBOOM MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD PAIDBOOM ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY PAIDBOOM OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY PAIDBOOM ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; PAIDBOOM DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. PAIDBOOM DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.SPAM and Unsolicited Commercial Email (UCE): Paidboom takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of Paidboom may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of Paidboom’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Paidboom will initiate an immediate investigation (within 48 hours of notification). During the investigation, Paidboom may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Paidboom may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Paidboom reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Paidboom will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an “Administrative Fee” of $15 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $80 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 $15 per hour that PaidBoom personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your servers.
06. Content.
You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Paidboom has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
07. Migrations.
Paidboom performs daily backups of shared, reseller servers, wordpress hosting. however, these backups are for Paidboom’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Paidboom does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Paidboom’ part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
08. Backups.
Paidboom offers free Migration services as a courtesy of our cPanel hosting services. The number of accounts that can be migrated is as follows.
- Shared: 1 cPanel account.
- Reseller Plans: 10 cPanel accounts.
- Wordpress Hosting: Unlimited
- VPS Hosting: No migration service.
- DirectAdmin Hosting: No migration service.
An additional number of accounts migrated would incur a fee of $15 per hour.
Migration request should be submitted within 30days of your hosting purchase else there would be 499/hour for migration expert assistance.
Paidboom offers it’s migration services on an as-is basis and makes no guarantees or time commitments at all.
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