Pegasus Web Technologies - Acceptable Use Policy (AUP)

Use of Pegasus Web Technologies Service constitutes acceptance and agreement to Pegasus Web Technologies’s AUP as well as Pegasus Web Technologies's TOS (Terms of Service) Pegasus Web Technologies 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 may be posted in accordance with our TOS (Terms of Service). All users of Pegasus Web Technologies’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To Pegasus Web Technologies Are Non-Refundable*

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 web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. 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. Pegasus Web Technologies may cooperate with legal authorities and/or thid parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Pegasus Web Technologies account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understand of Pegasus Web Technologies's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Pegasus Web Technologies's AUP. If a Pegasus Web Technologies account violates this 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 based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

· Illegal Activities: Pegasus Web Technologies's services may not be used for illegal purposes, or in support of illegal activities. Pegasus Web Technologies reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

· Harm or Endangerment to other people: You may not use Pegasus Web Technologies’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Pegasus Web Technologies’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

· Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

· Unsolicited E-mail, News Bombing (SPAM) Use of the Pegasus Web Technologies service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the Pegasus Web Technologies server. Failure to respond to complaints within a 24 hour timeframe will result in the Pegasus Web Technologies abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of Pegasus Web Technologies's Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension / termination of the server should the site and/or client re-appear on the server. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Pegasus Web Technologies account.

· Copyright or trademark infringement: Use of the Pegasus Web Technologies service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Pegasus Web Technologies service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

· Network disruptions : Use of the Pegasus Web Technologies service for any activity which affects the ability of other people or systems to use Pegasus Web Technologies Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Pegasus Web Technologies will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Pegasus Web Technologies, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the Pegasus Web Technologies service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Pegasus Web Technologies's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Pegasus Web Technologies account is subject to immediate termination.

· Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

· Security Risk: Should any site become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. Pegasus Web Technologies will attempt to contact the site owner, giving 24 hours notice, after which time, we will disable the site. In extreme circumstances involving flagrant illegal acts or activities, upon email, and phone contact if no response is given within 1 hour, Pegasus Web Technologies reserves the right to disable the site for security purposes only.

· Network Security: Pegasus Web Technologies accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF Pegasus Web Technologies AUP

Pegasus Web Technologies requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@Pegasus Web Technologies.net if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

Pegasus Web Technologies - Terms of Service(TOS)

Use of Pegasus Web Technologies’s Service constitutes acceptance and agreement to Pegasus Web Technologies’s AUP (Acceptable Use Policy) as well as Pegasus Web Technologies’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Pegasus Web Technologies, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Pegasus Web Technologies.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Pegasus Web Technologies, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Pegasus Web Technologies will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Pegasus Web Technologies any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

4.  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.

Payment:

Establishment of this service is contingent upon receipt of payment from Customer to Pegasus Web Technologies. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:

Acceptable means of payment are credit card, paypal, and wire transfer. Paypal payments must be submitted to paypal@Pegasus Web Technologies.com. Payments made by paypal will be reflected to the account within 24 business hours. Accounts paid by wire transfer must submit semi-annual payments for service. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnection charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Pegasus Web Technologies will be turned over to an outside 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 Fifty($50.00) nor more than One Hundred, Fifty($150.00)

Delinquent Accounts:

Pegasus Web Technologies may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:

Should your reseller account become delinquent, and payment not made to Pegasus Web Technologies, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Pegasus Web Technologies billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold Pegasus Web Technologies responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and faxed to (973) 572-1061. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM EST Monday - Friday. An account is not cancelled until a confirmation is sent.

Refunds and Disputes:

All payments to Pegasus Web Technologies are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in Pegasus Web Technologies’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the desired service.

Pegasus Web Technologies - Service Level Agreement(SLA)

Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 8:00am – 10:00pm (EST) After-hours support will incur a $150.00 an hour labor fee, billed in ½ increments in effect from 10:01pm – 7:59am (EST) Pegasus Web Technologies will not perform maintenance, security checks, or management without client initiating such request. Pegasus Web Technologies does not take responsibility for the overall security of servers.

Co-Location Services is defined as servers that are property of the Clients, renting; ;rack space, bandwidth, and Ethernet ports from Pegasus Web Technologies. Client is responsible for supplying replacement parts, and software media. Pegasus Web Technologies may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved Pegasus Web Technologies representatives. All services performed on the Clients servers are subject to and a $75.00 an hour labor fee. Pegasus Web Technologies does not take responsibility for the overall security of servers.

Network Uptime is the total time in a calendar month that Pegasus Web Technologies network is available through the Internet, provided that Client has established connectivity. Pegasus Web Technologies takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Pegasus Web Technologies’s Network as confirmed by Pegasus Web Technologies. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Pegasus Web Technologies scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

SLA Network Violation Credit occurs when our network uptime guarantee is not met. Pegasus Web Technologies will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail our sales department, within 10 days of reported violation, at: sales@Pegasus Web Technologies.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST and applied on the 1st business day of the next month. *Network violation SLA credit does not cover server hardware failure.*

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:  · Scheduled downtime · Problems outside of Pegasus Web Technologies’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Server Hardware for Dedicated, or Co-Located Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.

Hardware replacement will occur within 6 hours of the reported problem, Pegasus Web Technologies will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@Pegasus Web Technologies.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:

·Scheduled downtime

· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Pegasus Web Technologies will restore the system to original state.

Pegasus Web Technologies is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Pegasus Web Technologies shall not be liable for loss of data under any circumstance.