Pure Energy Systems Terms of Service

ACCEPTABLE USE POLICY & TERMS OF SERVICE
Last Update 5/22/2002

   Pure Energy's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Pure Energy Systems expects of them while using the service. All users of Pure Energy Systems's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP / TOS (Terms of Service).

Use of Pure Energy Systems Service constitutes acceptance and agreement to Pure Energy Systems's AUP as well as Pure Energy Systems's TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To Pure Energy Systems Are Non-Refundable, unless otherwise stated below*

Pure Energy Systems reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).


Acceptable Use Policy Overview

    We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.  Your violation of this AUP may result in the suspension or immediate termination of either your Pure Energy Systems account or other actions WITHOUT PRIOR NOTICE.  While the Pure Energy Systems is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Pure Energy Systems and the Internet and cannot be permitted under the guise of free speech.

   If a Pure Energy Systems account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

    Violations of our Acceptable Use Policy:

    Illegal Activities:  Pure Energy System's services may not be used for illegal purposes, or in support of illegal activities.  Pure Energy Systems reserves the right to co-operate fully with legal authorities and/or injured third parties in the investigation of any criminal or civil wrongdoing.  Illegal activities which are prohibited by this AUP include, but are not limited to: Harm to Minors (including, but not limited to Child Pornography), transmission of material that harasses, threatens, or encourages the bodily harm of another, Fraudulent Activity, Forgery or Impersonation, Initiating Denial of Service Attacks or other unfriendly network activity.  In addition, Pure Energy Systems complies with the Digital Millennium Copyright Act, and will respond to DMCA claims accordingly.  More information regarding the DMCA can be found here.

   Pure Energy Systems reserves the right to suspend network access to any customer if in the judgment of the Pure Energy Systems network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Pure Energy Systems chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

    Unsolicited Bulk E-Mail (Spam):  Pure Energy Systems 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 Pure Energy Systems may not use or permit others to use our network to transact in UCE. Customers of Pure Energy Systems may not host, or permit hosting of, sites or information that is advertised by UCE from other networks, or sending of UCE directly or indirectly from our servers.. Violations of this policy carry severe penalties, including termination of service.

   Violation of Pure Energy Systems's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Pure Energy Systems will initiate an immediate investigation (within 48 hours of notification). During the investigation, Pure Energy Systems may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Pure Energy Systems may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Pure Energy Systems reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Pure Energy Systems 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 $500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $750 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 $225 per hour that Pure Energy Systems personnel must spend to investigate the matter. Very Simply, PLEASE, DO NOT SPAM from your account.

    Shared Resource Usage:  Pure Energy Systems standard hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network or server performance is prohibited by this policy and may result in termination of your account.  You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Pure Energy's servers or networks. Pure Energy Systems reserves the right to terminate or limit such activities.  This policy also prohibits the installation/running of server processes within a users account, for instance IRC proxies, IRC bots, etc.


 


Terms Of Service Overview

   Payment:  Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

   Late / Non Payment: Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a reconnect charge equal to one months service fees for that account.  Accounts that are not collectible by Pure Energy Systems 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 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined below.  The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

   Refunds & Disputes: All payments to Pure Energy Systems are nonrefundable, with the exception outlined below in the "14 Day Guarantee" Section. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Pure Energy Systems's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Pure Energy Systems an "Administrative Fee" of not less than $50 and not more than $150.  Under no circumstances are domain name registration related fees refundable, all domain registrations are final and the associated fees are non refundable.

   Cancellation of Service:  Customers wishing to cancel their service should email our support desk (support@purenrg.com) an email containing their name, their domain name, their login name, and a phone number where they can be reached to confirm the cancellation.  Email notification of a cancellation request must be received by Pure Energy Systems at least 5 business days prior to the customers next billing date in order to guarantee that service will be terminated and the customer not billed for the next month.

   Data Retention: In the event of service suspension or termination, regardless of cause (Non Payment, Customer Cancellation, or Violation of these Terms), Pure Energy Systems will not be liable for  the data that was stored on the customers account (emails, web content, files, etc) after the suspension or termination date of the account.  In the event of suspension/termination due to non-payment, and said data is still available, Pure Energy Systems reserves the right to deny access to said data until any previously rendered and as of yet unpaid for service is paid for by the client.

   14 Day Guarantee:  All web hosting accounts are subject to a 14 Day Money Back Guarantee, if a client is unhappy with our hosting service they may request to cancel the account and obtain a refund of their hosting fees within 14 days of their account being setup.  This guarantee does not waive Pure Energy System's right to bill for bandwidth overages or Administrative fees resulting from a clients usage of Unsolicited ("SPAM") email.

   Service Outages:  Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

   Bandwidthi & Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the amount per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Pure Energy Systems will monitor Customer's bandwidth and disk usage. Pure Energy Systems 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 Pure Energy Systems's sole and absolute discretion. If Pure Energy Systems 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.   Bandwidth usage is based on a calendar month, resetting on the 1st of each month, regardless of the customers billing cycle date.  Bandwidth charges for usage beyond a customers agreed upon plan will be charged to the customer at a rate of $2 per gig.  By default all client accounts are 'hard-locked' at their plan limits and will temporarily suspend a site rather then allow it to exceed it's monthly bandwidth allowance; this is done to prevent a sudden rush in traffic from generating a large 'overage' bill without the clients knowledge.  Arrangements can be made between the client and Pure energy Systems to allow for a site to exceed it's allotment and for the customer to be billed at the end of the month for the overage. 

   Miscellaneous Provisions:  You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.   A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.   Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.   Pure Energy Systems takes no responsibility for any material input by others and not posted to the Pure Energy Systems Network by Pure Energy Systems. Pure Energy Systems is not responsible for the content of any other websites linked to the Pure Energy Systems Network; links are provided as Internet navigation tools only. Pure Energy Systems disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.  Pure Energy Systems is not responsible for any damages your business may suffer. Pure Energy Systems does not make implied or written warranties for any of our services. Pure Energy Systems 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 Pure Energy Systems.

   Indemnification:  Indemnification: Pure Energy Systems wishes to emphasize that in agreeing to the Pure Energy Systems Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Pure Energy Systems for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Pure Energy Systems or the bringing of any claim against Pure Energy Systems by any third-party. This means that if Pure Energy Systems is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Pure Energy Systems, plus all costs and attorney's fees.

   Responsibility for Content: You, as Pure Energy Systems's customer, are solely responsible for the the safety and legality of content stored on and served by your account.