Terms of service

Pushbing provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of pushbing are subject to the following terms of service:

Indemnification Policy:

You agree to use all pushbing services and facilities at your own risk. Pushbing specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall pushbing be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold pushbing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against pushbing, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless pushbing against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with pushbing’s server. Pushbing reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from pushbing’s server. Pushbing shall be the sole judge of what violates this Policy.

Billing:

At this time we bill monthly and annually, depending upon the plan. We accept Visa, Master Card, American Express, Discover, JCB and Diners Club cards.

Refund Policy:

Due to the amount of time and money spent initially by us on each package, no refunds are possible for any Website Simplicity Plan or Website Design work. If you are using our hosting only, then you may be applicable for a refund if it is not as described by us. Domain Name registration’s are non-refundable without exception.

Late Payments:

All accounts are billed according to the dates they were first activated on. Your account will be suspended 5 days after payment due date if no payment was received. If you fail to pay after 30 days, your account may be terminated and your files deleted. You will receive email reminders before any action is taken

Incentives:

Although your incentive claim will most likely be accepted, they are judged on a case by case basis and we hold the right to decline any incentive claim at our discretion. Some common guidelines are: Your affiliate payments are delayed by 60 days to protect us from fraudulent activity. You will only receive free hosting while under contract elsewhere, if that contract is set to expire within six months. We will not beat or match the price of a competitor for any package that gives less features than the package you wish to take out with us.

Affiliates:

This system can alter purely at the discretion of pushbing and we are absolutely not bound to any legal requirement to pay our customers. Our customers will only receive money from subscription services that they sell – such as hosting and website simplicity. Services such as web design that are paid for in one/multiple lump sums are not included.

Acceptable Use Policy:

All services provided by pushbing may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless pushbing and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all pushbing servers. This includes sites that include sexually explicit or hardcore images and/or advertising. 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. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

LIMITATION OF LIABILITY:

Pushbing shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from pushbing servers going off-line or being unavailable for any reason whatsoever. Furthermore, pushbing shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of pushbing servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:

Pushbing cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by pushbing are resold. Thus, certain equipment, routing, software, and programming used by pushbing are not directly owned or written by pushbing. Moreover, pushbing holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as pushbing sees fit. FURTHERMORE, pushbing retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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