Effective Date: December 16, 2020
45th Parallel Internet Services (the Company) agrees to furnish services to the subscriber of services (the Customer), subject to the following Terms of Service
The Company reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility
to review this site and this TOS periodically and to be aware of any modifications. Some modifications do not affect the requirements of this TOS but are made because of misspellings, typographical errors, etc.; in such cases, the Effective Date of the TOS will not change. You may identify whether the Company has revised the requirements of this TOS by noting the Effective Date shown at the top of this section. The Company may or may not announce updates to this TOS on the Company's Announcements page. Regardless, your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. This TOS, along with other relative documents shown in the Legal Section of our website, are binding on all users of our services. If you do not agree to these terms, please contact us to cancel your services (see Account Cancellation below).
You agree to provide the Company with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you
provide to the Company in order to receive or to continue receiving services. Further, you agree to provide the Company with updated contact information within a reasonable period of time following the change in circumstance that creates the
Payments and Fees
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are:
The following policies related to payments are effective immediately:
- PayPal to include Paypal Credit
- Credit Card (Discover, MasterCard, Visa, American Express)
- Automated Clearing House (ACH) Debit Payments from Checking/Savings Accounts (USA Only)
- ApplePay® — Google Pay — Microsoft Pay
- Personal/Business Check
- Bank or Postal Money Order
- Customer Pre-Funded Account
Number of Accounts and Websites
- Paypal payments, including Paypal Credit, made by a Customer using his or her online Paypal account must be sent to Paypal@45thParallelInternetServices.com.
- All payments made to the Company are credited to new Customers' accounts as of the date of receipt of funds in our Bank. All payments made by current customers are credited immediately.
- Checks, money orders or Automatic Clearing House (ACH) payments that do not clear our bank are assessed a fee of $25.00 (no exceptions).
- Payments not received by the due date are assessed a fee of $10.00 (no exceptions). Service will be suspended on accounts that reach 7 days past due. Accounts not paid within 30 days of the due date
will be terminated and Customer remains obligated for the full payment due to include all assessed fees. Service that is terminated for nonpayment is subject to a $30.00 USD reconnect charge.
- Accounts that are not collectible by the Company may be turned over to an outside collection 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 $75.00 USD nor more than $200.00 USD, based on the number of services in collection. If Customer desires to cancel an account, the procedure as outlined in this TOS must be followed without exception.
- If a service is suspended or terminated due to non-payment, the service in question will only be reactivated once payment for the outstanding balance has been received in full to include all assessed fees and reconnect charges. If all
services on an active account are deactivated, all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared or bank.
- Checks (personal or business) or money orders must be made payable to 45th Parallel Internet Services and mailed to the following postal address:
45th Parallel Internet Services
624 Michigan Avenue
Alpena, MI 49707-4520
- If a payment cannot be made by the due date, then the Customer may request an extension of the payment date. Such requests MUST be made PRIOR to the due date. The Company may grant such requests for valid
reasons or may decline the request if the reason is not considered valid. A payment extension WILL NOT BE GRANTED if requested on or after the due date. Any payment not made by the due date without the granting of an extension
will subject the Customer's account to appropriate fees and suspension/cancellation in accordance with the provisions of this section without exception.
- The Company reserves the right to deny Customer the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including
the immediate and permanent cancellation of the Customer's services or their entire account with the Company. If a check or ACH draft is returned for any reason, the account will be assessed a $25.00 USD service charge per item. If payment for
the returned check amount and service fee is not remitted in full by 2 P.M. EST the following business day, the server will be suspended immediately, until payment is received. After 30 days have elapsed since the service fee was assessed and
payment is not received, the service will be terminated and will be subject to regular reconnect fees.
Customers may have multiple accounts but each account must be separate from each other and paid for as separate packages. For example, a Customer may order an OSU-1000 and an OSU-2000 account but each will have separate billing. They may be
setup, however, so that they appear on the same invoice if they are initially ordered or renew on the same date as each other. Each account must be for the exclusive use of the Customer (owner or user) and none other. However, the customer may designate Contacts to help manage the account as provided for in the Client Support Portal.
Within each account, customer may have any number of websites, each with its own domain name, subject to the following restrictions:
- Website must be for the exclusive use and operation of the account owner or designated user.
- The websites do not need to be related to each other (in content or function) in any way.
- Any number of domain names may be assigned for use by any number of websites except in the case of those accounts on the 45th Parallel Internet Services' shared IP number (that is, for all shared web accounts aka Virtual
Server accounts but not Virtual Private Servers (VPS). In that case, all websites on such an account operate under the same IP. Customer may need to modify the .htaccess file for their account to add rewrite instructions for each website in order to direct browsers to the correct destination. This is not a trivial matter as it can certainly confuse rewrite novices, and sometimes experts, because of its complexity. Guidance can be found at Apache Module mod_rewrite Documentation and at the Redirecting and Remapping with mod_rewrite Document pages. Other than providing general guidance, the Company will not be responsible for modifying an .htaccess file to add rewrite rules.
- Under no circumstances may a website be setup so as to provide access, maintenance, or operation for any person not a customer of 45th Parallel Internet Services. That is, if the owner of the account is John Doe, then Bill Smill cannot be
given that website as his own unless the account owner sets up Bill Smill as an user of the website account. This does not prohibit the account owner from setting one or more Designated Contacts for their account under the Client Support Portal to handle specific areas of their account (support, billing, etc.).
Violation of this section of the TOS would be grounds for immediate termination of all of customers' accounts.
Customers wanting to cancel their accounts must submit service cancellations by utilizing the My Products & Services >> View Details >> Active (Next to service to be cancelled) >>
Request Cancellation option of the Customer Support Portal at least 7 days prior to the end of the service's billing cycle. It is recommended that customers desiring to cancel an account/service do so as
far in advance as possible. Cancellation requests are not accepted through phone, email, fax, or any other method besides through the cancellation option of our Customer Support Portal. Only the authorized account owner may cancel the account, thus the requirement to do it via the Customer Support Portal.
There are two types of cancellation:
Regardless of the type of cancellation chosen, the Customer will automatically be billed for any excess bandwidth usage during the then current monthly billing cycle.
- Immediate. This cancels the account upon receipt. Prorated refunds are not made.
- End of Billing Period. This cancels the account at the end of the current billing period and the Customer is not sent a renewal notice nor invoiced for renewal.
Customer agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Customer. The Company will monitor Customer's bandwidth usage and will provide RTG graphs of bandwidth usage for Customer to
review in the Company cPanel interface. The Company shall have the right to take corrective action if Customer's bandwidth usage exceeds the amount allocated by Customer's service plan ("Allocation"). Such corrective action may include the
assessment of additional charges, disconnection or discontinuance of any and all services, or termination of Customer's account. The action taken is in the Company' sole and absolute discretion. The Company believes in communicating with our
Customers and will try to work with our Customers to resolve any overage issues before taking action which could cause a Customer's service to become unavailable.
Bandwidth usage is measured on a monthly basis coinciding with Customer's billing cycle. Both incoming and outgoing traffic are counted.
In the event that a customer exceeds the included allocation, the Company may, at its sole discretion, immediately invoice the customer at the rate of $0.35 USD per GB for the projected overage for the month.
Customer agrees to pay the Company any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.35 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of
invoicing will subject the server and services to suspension.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
IP (IPv4) numbers are in short supply which requires special considerations before Customer may obtain a dedicated IP number. Other than the original IP assigned when Customer's account was first opened, all dedicated IP addresses which are assigned to Customer must be justified in accordance with the Arin's Number Resource Policy Manual (NRPM) which is considered an integral part of this TOS. If it is determined that any IP addresses which have been assigned to Customer are not being used in accordance with these guidelines, they may be revoked if not brought into compliance with the NRPM after notification to Customer of the non-compliance. Customer will have seven (7) days, from the date the Company notification is sent to Customer, to bring the IP number(s) into compliance.
To request a dedicated IP number, Customer must open a ticket with Company's Technical Support Department specifying the number of dedicated IP numbers desired and the purpose of each of the dedicated IP numbers. If justification is within the NRPM guidelines for each dedicated IP number requested, the IP number(s) will be approved; otherwise, the request will be denied. Once approved, the dedicated IP will be assigned immediately and an invoice will be sent to Customer for payment within 7 days.
If the invoice is not paid by the due date, the IP numbers will be revoked and the invoice will be cancelled; further, a new request for the denied dedicated IP number(s) will not be accepted or considered for a period of 3 months
. Customer will be advised, by reply to the original ticket request for dedicated IP number(s), when revocation occurs to include this paragraph of the TOS as the reason for the revocation (failure to pay the invoice by the due date).
SPAM and Unsolicited Commercial Email (UCE)
The Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of the Company may not use or permit others to use our network to transact in UCE. Customers of the Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam, the Company reserves the right to occasionally sample bulk email being sent from Customers' servers.
- Violation of the Company's email policy, as outlined in the Acceptable Use Policy (AUP) will result in severe penalties. Upon notification
of an alleged violation of our AUP, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, the Company may restrict customer access to the network to prevent further violations. If a
Customer is found to be in violation of our AUP, the Company may, at its sole discretion, restrict, suspend or terminate customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be of a criminal nature.
- First violations of this policy will result in an Administrative Fee of $100.00 USD and your account will be reviewed for possible immediate termination. A second violation will result in an
Administrative Fee of $250.00 USD and immediate termination of your account. Users who violate this policy agree that in addition to these Administrative fees, they will pay a
Research Fee not to exceed $75.00 USD per hour (or part thereof) that the Company's personnel must spend to investigate the matter.
- As our Customers are ultimately responsible for the actions of their Users over the Company's network, it is advisable that our Customers develop a similar, or stricter, policy for their Users or customers.
Refunds and Disputes
Except for a 30-day money back guarantee advertised for some hosting accounts, all payments to the Company are nonrefundable. This includes prepayment fees and subsequent charges regardless of usage. Customer shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by the Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in the Company's sole discretion, is a invalid chargeback under the provisions of the TOS and/or AUP, you agree to pay the Company an Administrative Fee of not less than $75.00 USD and not more than $200.00 USD.
Courtesy Transfer Service
The Company performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves the copying of your files from a third party service to your Company service, hereafter known as a transfer, as a free courtesy service only. By requesting the Company to perform a transfer, Customer agrees to indemnify and hold harmless the Company from any and all liability arising from the transfer and/or copying of your
accounts. You also agree the Company is not responsible for any issues relating to the transfer of your accounts, both on your Company service and at any other third party service from which the Company may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent the Company from performing the service, or any other issues. The Company makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. The Company can only perform transfers from any service which uses the same control panel that is used on the Company's service (which is cPanel). The Company will still provide best effort assistance that includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Customers whose 3rd party service does not use the same server control panel. It is strongly recommended that Customer perform a complete backup of their website(s) and database(s) before initiating a request for a courtesy transfer from the Company. This is to ensure that the Customer can remedy any problems encountered by the transfer performed by the Company. All requested transfers will be initiated within 4 hours of the request under normal circumstances. Once the transfer is completed, Customer may not be able to access owned accounts for up to 72 hours due to DNS propagation which is not in the control of the Company.
The ultimate responsibility for Customer's data rests with the Customer. On that basis, the Customer should perform regular backups of Customer's own data. As a courtesy to Customer, the Company will also maintain three (3) daily backup archives
of the Customer's web site. Backups by the Company will be performed on Monday's, Wednesday's and Friday's of each week. Company will also perform a 7-day, weekly and monthly backup of all Customers' MySQL databases (if any). The Company is not responsible for the completeness, integrity, or freshness of the Customer's data backed-up by the Company and if the backups performed are corrupted for any reason, then no restoration will be possible by 45th Parallel Internet Services. Requests to restore information from Company's backups because either the customer does not perform backups or Customer's backups are not current enough to provide benefit to the Customer will be on a fee basis as outlined in this section below. If a backup cannot be restored by Company, no fee will be charged. The purpose of charging such fees is to provide incentive for customers to perform their own and frequent backups of their data that they may restore. This includes the Customers' basic account and MySQL database.
If the Customer needs data restored from the Company's backups for the reasons specified in the previous paragraph, the Company will perform the restoration for the Customer and will bill the Customer a restoration fee of $2.00 for each restore. For example, the Customer experiences data loss in multiple directories on a particular day and requests the Company perform a restore of those multiple directories. The Company will consider this a single restore process and the Customer will be billed $2.00 total for that restore. For another example, the Customer has multiple data losses in one or more directories on multiple days of a month and requests the Company restore each of the days. Company will charge a restoration fee of $ 2.00 for each separate day of data loss regardless if the request for restoration is made on a single or multiple days during the month. Under no circumstance will the company be able to restore from any backup over 3 days old (for account backups) or 7 days (for MySQL daily backups), as neither will be available. The exception would be a restoration from the single weekly or monthly MySQL database backups which could or would be from an earlier date than the daily backups. If the Customer requests a restore because their current backup is corrupted through no fault of Customer, (within 3 days for Customer's account(s) or 7 days for Customer's database(s)), then no fees will be assessed to Customer.
Excessive Upgrades and Downgrades
The Company does not normally charge any fees for account upgrades and downgrades. However, because upgrading and downgrading between virtualized accounts (such as Virtual Web Servers, VPS) and full dedicated server accounts, is a labor-intensive and time consuming process, as is changing the primary disk in dedicated servers, the Company reserves the right to charge for upgrades and downgrades at the hourly rate of $75.00 USD per hour if Customer has made an excessive number of upgrade or downgrade requests. The Company, at it's sole discretion, will have the final say as to what is considered to be "excessive."
Harassment and Abuse
The Company does not tolerate abuse of any kind towards it's employees or other Customers. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at the Company or any of it's staff, agents or other Cusomers. Customer agrees to engage the Company and all other Customers in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this TOS agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Customer 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, Customer agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Customer further acknowledges that the Company's liability for its own negligence
may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. The Company denies any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company.
Account Access Security
Customer acknowledges that access to Customer's account is limited to the Customer and any designated owner or contact listed in the Customer Support Portal.
Access may be granted for other people by use of FTP accounts as setup in cPanel by the Customer. Such access should only be given for specific folders in the public_ftp directory. Customer's login information should not be given to any 3rd
party without informing and coordinating such action with the Company.
Customer must ensure that only proper permissions are given to authorized Contacts in the Customer Support Portal. That is, do not grant more permissions than is
needed for any individual. For example, if the contact should only handle billing, do not grant other permissions.
Customer agrees that the Company's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a
waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by the Company of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice
the Company from exercising thereafter the same or other rights, remedies, or options.
You agree that the Company is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or
regulation, complete or partial shutdown of Company, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Customer (whether by operation of law or otherwise) without the prior written consent of the Company. The Company may assign this TOS without the
consent of Customer. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
- We reserve the right to refuse service to anyone at any time for any reason. We do not discriminate based on race, religion, sex, age, sexual orientation or identity; therefore none of these categories will ever be used as a reason for denial of service.
- The Company is not responsible for data integrity on equipment reclaimed for non-payment.
- Anything not explicitly stated in this TOS is subject to interpretation at the Company's sole and absolute discretion.
- You, as a Company's Customer, are solely responsible for the content stored on and served by the Company's service.
|If you do not agree to this TOS, please do not access or use this site or any site on this Company's network.|