PGVHosting.com Terms and Conditions

Here is a basic summary of the terms and conditions of using a PGVHosting.com account. The official "legaleze" version follows.

  • You may not use your account for illegal or unlawful activity.
  • You may not use your account to store or transfer pornographic material.
  • You may not transfer, sell, or resell your account.
  • You may not remove or disable the PhpGedView software.
  • You account is provided "AS IS" without any warranty. PGVHosting.com is not responsible for any damage, injury, or data loss.
  • You will be billed on a monthly or yearly basis and are responsible to pay your bill in a timely manner.
  • If you exceed the storage or bandwidth allocations of your account, you will be given a 1 month grace period in which you may upgrade your account or take other measures. If you again exceed your account you may be subject to fees.
  • You may cancel at any time with 15 days notice. Any fees already paid will not be refunded.
  • PGVHosting may cancel your account at any time. Any fees already paid will not be refunded.
If you are found to be in violation of any of the terms above your account will be disabled and any illegal activity will be reported to the proper authorities.

Full Terms and Conditions

Agreement for PGVHosting Services (“Agreement”)

This Agreement represents the complete agreement and understanding between you and PGVHosting for your purchase and use of PGVHosting’s Hosting Services (“Service”). This Agreement supersedes any other written or oral agreement for the Service. Through your on-line acceptance of this Agreement and your continued use of the Services, you agree to be bound by the terms and conditions of this Agreement. PGVHosting may amend or otherwise modify this Agreement upon notice to you and you will be bound by the amended agreement upon your on-line acceptance of the amended agreement and/or continued use of the Service after you receive notice by e-mail of the effectiveness of the amended Agreement.

  1. Services
    1. PGVHosting offers two standard Service accounts: Basic and Large. PGVHosting agrees to provide to you the Service you select at the time you submit your on-line order during the term of this Agreement.
    2. You agree to purchase the level of Service you select when you submit your on-line order on a month-to-month or yearly basis. If you discontinue use of the Service during the MIDDLE OF A MONTH for any reason, the service fees you paid in advance by credit card for the REMAINDER OF THE MONTH will not be refunded to you.
    3. PGVHosting is committed to protecting your privacy. PGVHosting will not sell personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you or your business will be subject to our privacy policy, which you may review by clicking here.
  2. Fees and Payment Terms
    1. PGVHosting charges monthly service fees and monthly and/or one-time fees for optional services. Unless otherwise specified in any offer or promotion, the fees published on the PGVHosting.com website are applicable to all transactions between you and PGVHosting.
    2. If you exceed the storage or bandwidth allocations of your account, you will be given a 1 month grace period in which you may upgrade your account or take other measures to ensure that your account does not again exceed the allocations. You will be notified by email when your account exceeds these allotments. After the 1 month grace period, you will charged a fee for every month you are found to exceed these allocations. You are responsible for charges related to exceeding your plan's allotted data transfer or storage and such fees will appear on the next billing cycle.
    3. You authorize PGVHosting to charge the credit card provided by you prior to activation of the Service for the amount of the fees that apply to the Service you order. You further authorize PGVHosting to charge your credit card for all subsequent periodic service fees prior to the commencement of the renewal period for such Service. If you fail to provide credit card authorization to pay for any services you order or should your credit card provider refuse to authorize any transaction, PGVHosting may, at its sole discretion, immediately suspend your account and/or terminate your Service without advance notice to you. If PGVHosting does not receive payment from your credit card issuer, you agree to pay PGVHosting all amounts due upon demand. You agree to pay PGVHosting’s collection costs, including reasonable attorneys fees, if PGVHosting is required to collect amounts that you fail to pay when due.
  3. Term and Termination
    1. This Agreement will continue on a month-to-month basis. Either party may terminate this Agreement at any time upon not less than fifteen (15) days prior notice to the other party and such termination will be effective at the end of the month in which the last day of the fifteen-day notice period falls.
    2. If you breach any term of this Agreement including but not limited to Section 2 (Fees and Payment Terms) and Section 5 (Restrictions on Use), PGVHosting may suspend or terminate your Service. Service charges will continue to accrue on suspended accounts and you continue to remain responsible for the payment of any such charges during the period of suspension. If your Service is terminated during the initial term, service fees paid in advance will not be refunded to you.
    3. You may terminate this Agreement as a result of a material breach by PGVHosting of any provision of this Agreement that is not cured within a period of thirty (30) days after PGVHosting receives your notice of such material breach.
  4. No Warranty; Risk Allocation
    1. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    2. You agree to indemnify PGVHosting and its subsidiaries and affiliates and hold them harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Service in a way that is prohibited or restricted under this Agreement; (ii) infringement of any copyright, trademark, patent or intellectual or proprietary property right by any material you post or use on your website; (iii) any breach by you of this Agreement; and/or (iv) any indecent, obscene, or libelous material posted on your website.
    3. Information obtained by you from the Internet may be inaccurate, offensive or in some cases illegal. PGVHosting has no control over information contained on the Internet and accepts no responsibility for any information which you may receive from the Internet.
    4. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you place on your hosted website or obtain from the Internet.
    5. PGVHosting is not responsible for damages you suffer as a result of the loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions, whether caused by PGVHosting’s own negligence, your errors or omissions, or the acts or omissions of third parties.
    6. You specifically waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of infringement of the intellectual property or proprietary rights of third parties without regard to whether or not the material claimed to have been infringing is later found to be infringing.
    7. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO PGVHOSTING IN THE THREE MONTH PERIOD IMMEDIATELY PROCEEDING THE DATE ON WHICH YOU NOTIFY PGVHOSTING OF YOUR CLAIM, BUT IN NO EVENT TO EXCEED $1,000. UNDER NO CIRCUMSTANCES WILL PGVHOSTING WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
    8. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS PGVHOSTING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  5. Restrictions on Use
    1. You may only use the Service for lawful purposes. Transmission or publication of any information, data or material in violation of any federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or any other statute, threatening material or obscene material. PGVHosting reserves the right to remove any and all materials which infringe on copyrighted works or registered trademarks or service marks. Such materials will be removed at any time upon receiving a complaint from a third party rights holder and/or notice of alleged infringement.
    2. Your account cannot be transferred or used by anyone other than you. You may not sell, lease, rent or assign the Service or parts of the Service to any third party.
    3. Use of networks or computing resources provided to PGVHosting by third party providers and made available to you as part of the Service is subject to the respective permission and usage policies of such third parties.
    4. You must use the PhpGedView application with your account. You may not remove, disable, or otherwise hinder the correct operation of the PhpGedView application.
    5. It is your responsibility to notify PGVHosting of any changes to your account information, such as phone number, address, etc. You will be required to provide verification for security purposes authorizing them to make any changes to that account.
  6. Proprietary Rights and Trademarks
    1. As between the parties, PGVHosting acknowledges that it claims no proprietary rights in your information posted on your website or stored on your hosted sever or any intellectual property right contained therein. As between the parties, you acknowledge and agree that PGVHosting and its licensors own all right, title, and interest in: (a) the Service and any other products or services offered by PGVHosting and its subsidiaries and affiliates; (b) the technology available to you as part of the Service; (c) and all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the websites maintained by PGVHosting and its subsidiaries and affiliates (collectively "PGVHosting Content"), excluding your hosted content and other information. In addition, you agree that the PGVHosting Content and technology made available to you as part of the Service or any other products or services offered by PGVHosting and its subsidiaries and affiliates is protected by U.S. and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are permitted to use this PGVHosting Content and technology only as expressly authorized by PGVHosting or its licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all PGVHosting Content made available to you as part of the Service or other products or services offered by PGVHosting and its subsidiaries and affiliates, is the exclusive property of PGVHosting and its licensors and protected by U.S. and international copyright laws. You agree that, except as expressly authorized by PGVHosting, all the PGVHosting Content and the technology made available to you as part of the Service, or other products or services offered by PGVHosting and its subsidiaries and affiliates, may be used by you only for your internal business and data-gathering purposes. You may make copies of selected portions of the PGVHosting Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such PGVHosting Content; otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this PGVHosting Content or the technology made available to you as part of the Service without expressly being authorized to do so by PGVHosting.
    2. PGVHosting (SM) PhpGedView (SM) and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by PGVHosting in connection with the Service, other products, or services offered by PGVHosting and its subsidiaries and affiliates, to identify the products or services of PGVHosting or its subsidiaries and affiliates (collectively the "PGVHosting Trademarks") are the trademarks of PGVHosting and subsidiaries and affiliates. You agree not to use the PGVHosting Trademarks in connection with your products or services or any third-party products or services or in any manner that disparages or discredits PGVHosting. All other brands and names (including third-party product names) used in connection with the Service, other products or services offered by PGVHosting and its subsidiaries and affiliates, are the property of their respective owners.
  7. Notices
    1. Any notice under this Agreement will be given by PGVHosting to you via e-mail at the address provided by you at the commencement of this Agreement or as changed by you. Notice to you at this address is deemed sufficient regardless of your receipt of such email.
  8. General
    1. PGVHosting will be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements.
    2. This Agreement shall be interpreted under the laws of the State of Utah, without regard to any conflict of laws provisions.
    3. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
    4. PGVHosting's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PGVHosting in writing.
    5. This Agreement and all documents referenced herein, together with the order form you submitted on-line to order your Service, comprises the entire agreement between you and PGVHosting and supersedes all prior agreements between the parties regarding the subject matter contained herein. Should you choose to purchase any additional products or services offered by PGVHosting or its subsidiaries and affiliates, you will be bound by all terms and conditions relating to the provision of such additional product or service.
    6. This Agreement and your rights hereunder may not be assigned or transferred to any third party. PGVHosting reserves the right to assign this Agreement to any of its subsidiaries or affiliates or to any third party that acquires all or substantially all of its relevant business or assets.
    7. You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.



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