1.) Account Setup
We will setup your account after we have received payment and we and have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Confidentiality  
Performz Web Hosting acknowledges that all of the information provided to us by our client is confidential and is being provided to enable us to conduct business with the client. This information includes any material which is placed on the client web server, by email or any such other programme.
The client acknowledges that from time to time for the security of its hosting servers, that staff of Performz Web Hosting may need to access such material to determine its status pertaining to paragraphs 3, 4, 6, 8 and 9 of this document. 

3.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. Examples of unacceptable material:

• IRC Bots
• Warez Sites
• Pirated Software
• Hate sites
• Hack programs and archives

4.) Zero Tolerance Spam Policy
You are responsible for your outgoing email to be sent via your Internet Service Provider. You may make a written request to use your own email account to send email, and in most circumstances your request will be granted. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Performz Web Hosting.

5.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Performz Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

We reserve the right to change the monthly payment amount and any other charges at anytime.

6.) Backups and Data Loss
We undertake to create daily, weekly and monthly backups, but in the unlikely event of a failure, we cannot guarantee that a backup will be made available. You have the resource through your CPanel to copy backups of your website to your local resource at any time.

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

7.) Cancellation and Refunds
We reserve the right to cancel the account at any time.

Customers may cancel at any time, giving 1 months notice. Refund requests after 1 month will be refunded on a prorated basis of any unused time.

8.) Resource Usage
 Users may not initiate the following

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

9.) Bandwidth Usage

You have up to 5 gig bandwidth usage per month. In 99% of cases, this will more than sufficient even for a very popular website. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10.) Money back Guarantee
On signing up for your hosting account, we offer you one months money back guarantee. We are so confident of our quality of service, this guarantee is not subject to any conditions. We will accept your claim without question, although we will be very keen for you to tell us in what respect our services have failed you.

11.) Price Changes
We reserve the right to change prices listed on our site, and the right to increase or decrease the amount of resources given to plans at any time.

12.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from a Performz Web Hosting server.

13.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

14.) Changes to the Terms of Service
We reserve the right to revise its policies at any time without notice.

Dated 26 February 2006