Terms of Service

(a) Term.

The Service commences on the date PVT activates the Customer's account and provides notice by email (the "Service Commencement Date"). Hosting is provided on a recurring basis with a billing cycle of one (1) month or twelve (12) months, as selected in the Order. No minimum multi-cycle commitment applies to standard shared hosting plans. The Service continues on a month-to-month or annual basis until cancelled by the Customer.

(b) Automatic renewal.

To prevent unintended interruption of the Service, the Service automatically renews for successive billing cycles of the same length, at the then-current rate for the Customer's plan (subject to the renewal pricing provisions of Section 3(b)), unless the Customer cancels before the renewal date. PVT shall provide renewal and payment reminders in advance of each cycle.

(c) Cancellation.

The Customer may cancel at any time through the client portal or by contacting PVT support. Cancellation takes effect at the end of the Customer's current paid billing cycle — the current month for monthly plans, or the current twelve-month term for annual plans. The Customer retains access to the Service through the end of that cycle, and no early-termination penalty applies. Except as provided by the 30-Day Money-Back Guarantee (Section 3(e)), fees already paid for the current billing cycle are not refunded or prorated upon cancellation.

(d) Plan changes.

The Customer may upgrade or downgrade its plan at any time. PVT shall prorate the difference against the remainder of the Customer's current billing period: an upgrade is billed the prorated difference at the time of the change, and a downgrade is applied as a credit to the Customer's account.

(a) Fees and billing.

Fees are stated at the time of purchase or in the Order and are billed in advance at the commencement of each billing cycle. Each hosting account is billed on its own renewal anniversary rather than on a shared calendar date. Where the Customer has authorized automatic payment ("autopay") by credit or debit card or by bank account, the Customer authorizes PVT to charge the applicable fee on or shortly before each renewal date using the payment method on file; otherwise, PVT shall invoice the Customer by email to the Primary Customer Contact, due on the date stated on the invoice (on or after the first day of the cycle). All payments shall be made in United States dollars. The Customer is responsible for keeping its billing and contact information current (for example, card expiration date or billing address).

(b) Renewal pricing.

The recurring fee for the Customer's plan is fixed for the duration of the Service and shall not increase automatically upon renewal. PVT does not employ introductory pricing that increases automatically at renewal. Should PVT change the recurring price of a plan, PVT shall provide the Customer at least thirty (30) days' advance written notice; the revised price shall apply only to billing cycles commencing after the expiration of that notice period, shall not be applied retroactively, and the Customer may cancel under Section 2 before the revised price takes effect. Any promotional or introductory price shall be clearly identified as such at the time of purchase, together with the standard price applicable upon its expiration.

(c) Taxes.

At PVT's request, the Customer shall remit all applicable sales, use, VAT, or similar taxes imposed on the provision of the Services (excluding taxes on PVT's net income), regardless of whether PVT failed to collect the tax at the time the related Services were provided.

(d) Late payment and suspension.

If a payment is not received by its due date, PVT shall provide reminders and may charge interest on the overdue amount at the lesser of 1.5% per month or the maximum non-usurious rate permitted by applicable law. If an invoice remains unpaid, PVT may suspend the Service after providing advance notice consistent with its published dunning schedule, and may terminate the account and delete its data if the balance remains unpaid following suspension. A reasonable reinstatement fee (currently up to $50.00) may apply to restore a suspended account. The Customer shall pay PVT's reasonable costs of collecting overdue amounts, including collection-agency fees, attorney fees, and court costs. Charges not disputed in writing within sixty (60) days of their due date are conclusively deemed accurate.

(e) 30-Day Money-Back Guarantee and refunds.

The Customer may cancel its hosting plan within thirty (30) days of the initial Service Commencement Date and receive a full refund of the hosting plan fees paid for that plan. This guarantee applies to the initial purchase of a shared hosting plan and may be exercised once per Customer. The following are not refundable under this guarantee, as they are paid to third parties, are for services already rendered, or cannot be reversed:

• domain name registrations, transfers, and renewals;
• SSL certificates, dedicated IP addresses, and other third-party add-ons;
• setup, migration, administrative, or resource-overage fees for work already performed; and
• fees for dedicated, co-located, or custom Services, unless the Order states otherwise.

After the first thirty (30) days, hosting fees are non-refundable. Cancellation takes effect at the end of the Customer's current paid billing cycle as provided in Section 2(c); the Customer retains access through that cycle, and prepaid fees for the current cycle — including the remaining months of a discounted annual term — are not refunded or prorated. Refunds issued under this Section are made to the original payment method where practicable. Nothing in this Section limits any additional remedy expressly provided under the Service Level Agreement (Section 5).

(a) Intended use.

Unlimited and unmetered resources are provided for serving the content of active websites and applications that the Customer owns or operates. They are not a substitute for, and may not be used as, a dedicated server, content-delivery network, offsite backup or archival service, or a bulk file-distribution platform.

(b) Prohibited resource uses.

The Customer may not use an unlimited or unmetered plan primarily to:

1. store, archive, or back up files that are not part of a live, served website (for example, personal media libraries, offsite backups, or disaster-recovery images);
2. operate file-sharing, file-dumping, torrent, or large-scale download or media-streaming distribution services;
3. operate standalone commercial email, proxy, VPN, cryptocurrency-mining, or general compute or processing workloads;
4. resell, share, or redistribute the resources to third parties outside the Customer's own organization; or
5. otherwise consume resources in a manner inconsistent with typical website hosting.

(c) Shared-resource limits.

Notwithstanding any "unlimited" description, every account operates within per-plan limits designed to protect the shared environment, including limits on CPU time, memory (RAM), the number of concurrent processes and entry processes, disk input/output (I/O), inodes (total number of files), database size, and simultaneous connections. These limits are enforced automatically. The limits applicable to the Customer's plan are available in the Customer's control panel or upon request.

(d) Enforcement.

PVT is the sole reasonable arbiter of what constitutes fair use. Where an account materially exceeds typical usage for its plan, or where its usage degrades or threatens the performance, stability, or security of the shared infrastructure or of other customers, PVT may, acting reasonably and generally in the following order of preference:

1. notify the Customer and request that it reduce usage or optimize its content;
2. temporarily throttle or limit the affected resource;
3. require an upgrade to a higher plan, to dedicated resources, or to a custom arrangement; or
4. suspend the account where its usage is causing immediate harm to the network or to other customers.

Where practicable, PVT shall provide advance notice and a reasonable opportunity to cure before suspending an account under this Section, except where immediate action is necessary to protect the network or other customers.

(e) Metered and contracted services.

Services expressly sold as metered, by-the-gigabyte, or by megabits-per-second (Mbps), including dedicated and co-located servers, are governed by the usage and overage terms of their Order and of Appendix A, Section 10 (Resource Usage), and not by this "unlimited" Fair Use Section. Where an Order specifies a numeric allocation, that allocation controls.

(a) Uptime commitment.

PVT commits to 99.9% availability of its shared hosting Services in any calendar month (the "Uptime Commitment"), measured as the percentage of minutes in the month during which the hosting Service is reachable, excluding the exclusions set forth below.

(b) Exclusions.

The Uptime Commitment does not apply to unavailability caused by: (i) scheduled or emergency maintenance, for which PVT shall provide reasonable advance notice where practicable; (ii) the Customer's own acts, code, applications, or configuration, or the enforcement of resource limits or Fair Use under Section 4; (iii) suspension or termination under this Agreement; (iv) a Force Majeure event (Section 15); (v) failures of Customer-controlled DNS, third-party services, or the public Internet outside PVT's network; or (vi) denial-of-service attacks or other malicious third-party activity.

(c) Service credits.

If PVT fails to meet the Uptime Commitment in a calendar month, the Customer may request a service credit calculated against that month's recurring hosting fee for the affected Service, as follows:

(d) Claiming a credit.

To receive a credit, the Customer must submit a request through a support ticket within thirty (30) days after the end of the affected month, including the dates and times of the unavailability experienced. Credits are applied to a future invoice, are not redeemable for cash, and in any month may not exceed 100% of that month's recurring hosting fee for the affected Service.

(e) Sole remedy.

Service credits under this Section are the Customer's sole and exclusive remedy for any failure to meet the Uptime Commitment. This Section does not otherwise limit the Disclaimer of Warranties (Section 9) or the Limitation of Damages (Section 10).

(a) Suspension of Service.

PVT may suspend the Services without liability if: (i) PVT reasonably believes the Services are being used in violation of this Agreement or the AUP; (ii) Customer fails to cooperate with a reasonable investigation of a suspected violation; (iii) PVT reasonably believes suspension is necessary to protect its network or other customers; or (iv) suspension is requested by a law-enforcement or regulatory agency. For suspensions arising from non-payment, PVT will provide advance notice consistent with Section 3(d). For suspensions necessary to protect the network or other customers, PVT may act without prior notice. A reasonable reinstatement fee (currently up to $50.00) may apply following a suspension under this subsection.

(b) Termination.

Customer may terminate the Service at any time under Section 2 (Cancellation). Customer may also terminate immediately, without further liability, if PVT materially fails to provide the Service in accordance with this Agreement and does not cure the failure within ten (10) days of Customer's written notice describing it in reasonable detail. PVT may terminate this Agreement, without further liability: (i) upon ten (10) days' notice if Customer is overdue on any amount due and has not cured following the reminders described in Section 3(d); (ii) if Customer materially violates any other provision of this Agreement and fails to cure within thirty (30) days of written notice; (iii) immediately if Customer is found to be in violation of the Acceptable Use Policy; or (iv) upon one (1) day's notice if Customer violates Section 7 (Customer Information). Either party may terminate upon ten (10) days' notice if the other admits insolvency, makes an assignment for the benefit of creditors, files for bankruptcy or similar protection, is unable to pay its debts as they become due, or has a trustee or receiver appointed over a substantial portion of its assets.