You must read and agree to 
these terms in order to continue.

General

The terms and conditions outlined below are designed to protect and benefit all clients. In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.

Limitation of Liability

The client agrees to indemnify and hold Portland WebSmith and any of its associates harmless from any claims resulting from the use of the service, including claims relating to damage to the subscriber or to any other party.

Use of Servers

Clients should not attempt to access the sites of other clients, and should not attempt to hinder the operation of our servers in any way.  We reserve the right to refuse or cancel service to any client.

All passwords must be kept confidential. You may not make any password available to the public or to groups of people. This includes POP, FTP and Telnet passwords.

You may not allow the public or groups of people to access any of your POP, FTP or Telnet accounts in any manner as this presents an unacceptable security risk.

Acceptable Content

Your site must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behavior.  This includes any site with depictions of nudity, as well as material relating to hacking or pirated software.  Portland WebSmith has sole discretion to determine whether a site's content is acceptable.  Sites with unacceptable content will be removed from our servers.

No Mirroring

You must not use your site to mirror material on any other site without the express written permission of Portland WebSmith.  This permission will usually be declined unless the resources required are minimal.

Unlimited Traffic

We offer unlimited traffic on all our hosting accounts to give you peace of mind.  However, please note that the following types of sites do not qualify for unlimited traffic:

• Sites containing archives or galleries or offering files for download do not qualify for unlimited traffic unless the file types involved (e.g. .jpg, .gif, .tar, .gz, .exe, .zip etc) make up less than 20% of the site's total traffic;

• Sites which contain images, CGI programs or similar content which are accessed from other sites.  For example, if you run a banner advertising program and the banner is stored on your site and accessed by the sites displaying your banner then you do not qualify for unlimited traffic;

• Sites utilizing 'domain parking' (more than one domain name points to your home page);

• Sites using more than 5% of system resources;

• Sites which generate an unusually high amount of traffic from images or other binary files (such as Java applets, mp3 or sound files).  That is, if more than 20% of a site's traffic is from images or other binary files, then that site will not qualify for unlimited traffic.

If your site does not qualify for unlimited traffic and if your monthly traffic exceeds 1 Gigabyte then any traffic over and above 1 Gigabyte will be charged at $2.50/100Mb. Please note that, in the interests of our other customers using our shared servers, we may decline to host extremely high traffic sites and may immediately disconnect such sites if we see fit.

Portland WebSmith will have sole discretion to determine whether and when these provisions apply.

Use of Disk Space

Your disk space is for your own use only. You may not resell or give away disk space to any third party without written permission from Portland WebSmith. 

You may not consume disk space with copies of pages which are substantially the same.   For example, you cannot automatically generate multiple copies of a single page and place all the copies on your web site.

All mailboxes are limited to 20 MB in size. Please set your mail software to delete your mail from the server.  This will speed up your mail retrieval and will help you avoid excess disk space charges.   It will also help to ensure that none of your mail is lost due to your mailbox being over quota.

Database Size

The disk space used by your (combined total of your MySQL, flat-file and other databases) should not exceed 50 Mb.  If more than 50 Mb of disk space is used for these databases, the amount over and above 50 Mb will be charged at the usual excess disk space rates.

Additional Domains

You may not use software or service to point additional domain names at your site. This includes subdomains (such as http://subdomain.yourdomain.com/) as well as standard domains (http://www.yourdomain.com/). If you require an additional domain name to be pointed at your site, please contact Tech Support regarding our domain name parking facility. A one-time setup fee is payable for each additional domain name parked on your site. The domain parking facility cannot be used to effectively host two or more different sites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain.

Chat Rooms and IRC

Chat rooms tend to monopolize system resources and for that reason we do not allow clients to install their own chat rooms.  IRC or IRC bots should not be run on our servers.

Resource-Intensive Programs

If you install and run a resource-intensive program on our servers there may be an additional monthly charge, or we may halt and/or prohibit execution of the program as we see fit.

Spam (Unsolicited Bulk Email)

Spamming, or sending of unsolicited bulk email, from a Portland WebSmith server is strictly prohibited. Additionally, you must not use an email address or domain name which is hosted by Portland WebSmith to send unsolicited bulk email.  If we decide that you have violated this condition then your account will be deactivated immediately.

Sites Advertised Through SPAM (Unsolicited Bulk Email) or Unsolicited Newsgroup Advertisements

Any site advertised in unsolicited bulk email or an unsolicited newsgroup placement may be deactivated immediately at our discretion. Please note that such advertisements are usually considered unethical by the internet community.

Prices

Prices are subject to change without notice.  Any change in monthly fees will apply to your next hosting period, but will not be payable for your current hosting period.

Domain Name Registration

We do offer domain name registrations at an annual rate. Our billing cycle is annually in advance. If you register your domain name through an outside registrar then you will be responsible for handling the registration process and paying the necessary registration fees. Portland WebSmith will, however, be happy to provide you with the technical details required to register your domain name.

If your domain name has already been registered through Network Solutions then we will submit the domain name transfer request for you at the time we set up your account.   If your domain name was registered through a different registrar then we will not submit the transfer request for you but we will provide you with the name server information you need to arrange the transfer yourself.

Technical Support

We will provide unlimited technical support relating to the operation of your server and the use of the server's facilities. Please note though that we do not generally provide support for problems with your CGI programs, HTML code, or other website content, though we will provide such support, within reason, at our discretion. For this kind of technical support we charge our regular hourly rate.

Customer Responsibility

We provide regular data backup for our all of our customer's web sites and data while hosting on Portland WebSmith servers. However, we are not responsible for lost data once a customer's hosting account has been suspended and/or terminated. It is the customer's responsibility to backup or save their web site and data. Portland WebSmith may be able to retrieve files from a terminated hosting account within seven days of the termination at our hourly rate. It is not guaranteed that we will be able to retrieve the customer's entire data. Hourly fees still apply.

Billing Cycle, Invoices and Payments

Our billing cycle is annually in advance.  The initial payment is due at the time you open your account.  After that, we will send you an invoice via USPS approximately one month before each subsequent payment is due.  Please note that if your payment is overdue then your account(s) may be suspended and/or removed from our servers without notice at our discretion.  All fees are non-refundable.

Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion.

If you breach any of the above terms and conditions we reserve the right to deactivate and/or remove your account from our servers immediately.