This agreement is for our Web Hosting Services. Pegasus Web Company wishes to provide our customers with a positive web hosting experience. To accomplish this, all customers need to follow the same rules and guidelines. These policies are intended to maintain Pegasus Web Company's high quality level of services and make them available to all our customers on a fair, consistent and efficient basis.
By accepting web hosting services from Pegasus Web Company, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, please follow the steps described in Cancellation of Service below.
Web Site Content
Our web sites may be used for lawful purposes only. While using Pegasus Web Company's Services, you may have access to services that allow you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on our Network any defamatory, illegal, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content in violation of any laws, Federal, state or local. You are solely responsible for the content you make accessible while using Pegasus Web Company's servers and networks. You may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
Pegasus Web Company is not obligated to monitor the network for the purpose of examining customer's content. You hereby acknowledge that if we are made aware of content that is determined to be, in Pegasus Web Company's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Pegasus Web Company has the right, but not the obligation, to edit, remove or deny access to such content. Pegasus Web Company may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.
Pornography and sex-related merchandising are expressly prohibited on Pegasus Web Company servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else. This is also true for sites that promote illegal activity of any type or content that may be damaging to Pegasus Web Company's servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily be limited to:
- Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Customers may not use the Pegasus Web Company Networks to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Pegasus Web Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Use of CGI Scripts
Pegasus Web Company accounts come equipped with a pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. If any CGI-scripts are deemed to be adversely affecting the server performance or the network integrity, they may be shut down without prior notice.
Pegasus Web Company does not allow its customers to use any kind of Newsletter Scripts in any hosting plan. If Pegasus Web Company finds any of client using any script that sends out bulk emails, their mail account will be terminated
Chat Rooms &
Pegasus Web Company prohibits its customers from installing outside chat rooms on their domain, without the express written permission of Pegasus Web Company as these tend to be a resource problem. Pegasus Web Company does have Java chat rooms and Conference Centers available for a monthly charge. These were designed to meet the growing needs of customers and function without hindering the performance of the web site servers for others.
Internet Relay Chat
Pegasus Web Company currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers. On-line Conference Centers hosted on a separate servers are available for a monthly fee that include IRC compatible chat rooms.
Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Programs Running in Background
Background programs are prohibited unless prior approval is received from Pegasus Web Company. Pegasus Web Company will consider requests on a one for one basis. approved, extra charges will be assessed based on resource requirements or system maintenance.
Spamming Not Permitted
You must not use any Pegasus Web Company Network, Pegasus Web Company's equipment or any Pegasus Web Company email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Pegasus Web Company Network, Pegasus Web Company equipment or any Pegasus Web Company email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.
When any customer is found to have been engaged in spamming in violation of this agreement, Pegasus Web Company reserves the right to disable that customer's web site without warning. In addition, Pegasus Web Company may impose a $200 penalty for each spam policy violation. Pegasus Web Company solely reserves the right to refuse or cancel service to spammers. Pegasus Web Company reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Violation of indecency and/or obscenity laws is not permitted on Pegasus Web Company's networks and can result in criminal penalties.
Copyrights and Infringement
Material available to you when using Pegasus Web Company's services may be subject to protection under the copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, you must not use the Pegasus Web Company Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, that you access or receive through the Pegasus Web Company Network. If you use a domain name in connection with the Pegasus Web Company Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Pegasus Web Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of Pegasus Web Company's Rules and Regulations could result in a warning, suspension, or possible account termination.
Cancellation of Service
To cancel services, you must email email@example.com from an email address furnished by you when ordering your site.
Pegasus Web Company to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold Pegasus Web Company, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Pegasus Web Company, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Pegasus Web Company harmless against liabilities arising out of;
1. any injury to person or property caused by any products sold or distributed in association with Pegasus Web Company's Services;
2. any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright violation and any defective products sold to a customer from Pegasus Web Company's Services.
Pegasus Web Company Inc. will not be responsible for any damages your business may suffer. Pegasus Web Company makes no warranties of any kind, expressed or implied for services we provide. Pegasus Web Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Pegasus Web Company and its employees. Pegasus Web Company reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.