Terms of Use

PappaShop servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Any web site that uses a high amount of server resources (such as, but not limited to, CPU index over 500, memory usage, and network resources) will be assessed additional fees, (usually between $100 and $200/yr which will depend on the resources required) and/or upgrade its service. PappaShop shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Our SLA can be found here: SLA

Any credits and/or refunds will be limited to our SLA, which states the maximum compensation you will receive in any circumstance. Claims for an SLA credit must be made within 30 days of an outage. Under no circumstances will PappaShop be liable for any claims greater than the lower of 1 month of service or the amount described in this SLA.

You agree to hold PappaShop, and any associated companies and/or parties harmless, (for damages in excess of our SLA) for any problems, outages, loss of revenue, and/or additional expenses incurred from our service including those resulting from human error and/or gross negligence.

Additionally you agree that any disputes between you and PappaShop, including its owners, operators and affiliates will be handled by the Better Business Bureau (BBB), and you waive your right to go to court to assert or defend yourself or company. Additionally you waive your right to arbitration, legal action, litigation, including but not limited to class action.

Under no circumstances will you seek damages of more than what our SLA states, in total. All claims will be brought solely in DuPage County, Illinois, USA (or the nearest regional BBB for that area) and you waive any objection as to inconvenient forum. In the event the BBB cannot or will not handle the issue, PappaShop will be the sole arbiter of how much credit you will receive.

You, the customer, are responsible for keeping your account secure at the user level. This includes, but is not limited to, any software you install, including software installed with an initial script installer we provide, such as Fantastico and/or the cPanel script manager/Site Software, including third-party scripts and passwords you choose, and software you request PappaShop install in your account.

If you install third-party scripts, you are required to check for security issues on a regular basis and upgrade them as needed or as instructed by PappaShop. PappaShop reserves the right to disable any scripts that pose a potential security risk to your account or the server, or that were not upgraded upon request, and/or suspend your entire account. PappaShop is not responsible for negative effects to other areas of your site resulting from disabling one or more scripts.

PappaShop reserves the right to install plugins if they are deemed a security improvement. These plugins include, but are not limited to, auto-update plugins, which may overwrite custom code changes, and security scanning plugins. PappaShop reserves the right to disable and/or remove out-of-date, vulnerable, unsupported, and/or abandoned plugins and themes. Any addons, including themes or plugins, not updated within one year may be considered abandoned. If this occurs, you must contact the developer to confirm that it is still maintained and that no known security issues are present.

It is your responsibility to choose secure passwords, change them regularly, and properly manage passwords associated with your account. PappaShop reserves the right to change or disable insecure or old passwords and to perform security audits on accounts to help ensure the security of the servers and network. These audits may include vulnerability scanning, penetration testing, and password audits.

PappaShop does not allow bulk mail of any kind, whether it is spam, opt-in, or double opt-in. If you are sending bulk mail, you must email our helpdesk for approval before sending. Any amount of email believed to be spam will result in the account being immediately suspended. This also includes using another server to send advertisements for a URL or email hosted on a PappaShop server.

Email forwarders to major ISPs or major email providers, such as Gmail, Yahoo, or MSN, are not allowed because those providers frequently automatically block or rate-limit the IP forwarding the email. Any such forwarders may be removed or disabled.

PappaShop will be the sole arbiter of what constitutes a violation of this bulk mail policy. PappaShop reserves the right to limit email usage, including an hourly email limit. Contact our helpdesk to find out the email limit for your particular account.

Bandwidth for VPS servers shall be billed at $100 for each Mbps over. The overage will be calculated as follows: the overage charge multiplied by ((total bandwidth allowed per month / 350), subtracted from your 95th percentile bandwidth usage).

For example, if your plan allows 1400GB, approximately equivalent to 4Mbps on a 95th percentile scale, of monthly bandwidth and you use 5Mbps, you would be billed for 1Mbps of bandwidth overage.

Immediate payment may be required, as well as a retainer for potential future bandwidth overages.

PappaShop’s shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. In addition your hosting account cannot be used for file storage, for example backing up your home computer to your hosting account, or linking from a site hosted elsewhere to files within your hosting account.

Large files, over 500mb, are not allowed, with the exception of 2 backups made from the cPanel backup manager. Number of files/inodes are limited to 100,000.

Email left on the server in the Spam or Trash folders, as well as mail in the catch-all box may be purged periodically. Additionally individual account unread mail may be purged after 90 days and read mail in the cur folder may be purged after 365 days.

Any content which generates reasonable complaints directed by others to us directly is prohibited. PappaShop will be the sole arbiter as to what constitutes a reasonable complaint.

This includes, but is not limited to, any content containing a person's or organization's sensitive personal data, including but not limited to credit card numbers, social security numbers, and driver's license numbers. Adult sites including sites which contain nudity are prohibited.

PappaShop is not responsible for bank overdraft fees. Offshore bank sites are prohibited. Any content related to terrorist groups or their affiliates is prohibited.

Payments are automatically billed to your credit card on file. In the event the credit card or payment method on file is no longer valid you must contact us with new payment information within five days. Unpaid accounts are subject to discontinuation of service. Payments over 30 days past due may be subject to a late fee.

IPS Inc. reserves the right to refuse or discontinue service to anyone for any reason, or for no reason at the end of your current term and/or for a violation of this TOS.

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. PappaShop will be the sole arbiter as to what constitutes a violation of the Terms of Use. When PappaShop becomes aware of an alleged violation of its Terms of Use, PappaShop will initiate an investigation. During the investigation, PappaShop may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, PappaShop may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account. If such violation is a criminal offense, PappaShop will notify the appropriate law enforcement authorities of such violation. PappaShop does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

PappaShop will upgrade the server on a regular basis and/or as necessary. This will, among other things, help prevent security breaches due to known exploits of open source software, and prevent poor programming techniques which may cause a potential security risk. Prior notice of upgrades will not always be given. PappaShop is not responsible for any negative effects or non compatibility of your scripts and/or content on your website after an upgrade, including misdelivery, nondelivery and/or loss of data.

PappaShop customers agree to indemnify and hold harmless PappaShop from any claims resulting from the use of our services that damages them or any other party. The PappaShop service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement, except as stated in our SLA. While we do make a reasonable effort to maintain a regular backup, our backups are non-guaranteed and you, the customer, are responsible for backing up your files, databases, emails, etc. PappaShop is not responsible for any loss of data, mis-deliveries, wrong delivery, or any service interruption. PappaShop expressly disclaims any representation or warranty that the PappaShop service will be error-free, secure or uninterrupted. No oral advice or written information given by PappaShop , its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. PappaShop and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. If PappaShop is sued or threatened with a lawsuit from a third party because of something you do with the services, you agree to pick up the tab. Not only do you agree to reimburse PappaShop for what it pays to satisfy a judgement or settle a case, you also agree to pay PappaShop’s reasonable attorney’s fees and all other costs PappaShop incurs in defending itself. You also agree to indemnify PappaShop of any claims from your clients, customers, affiliates, employees, or any other party connected to you without a paid account with PappaShop .

PappaShop reserves the right to add, delete, or modify any provision of its Terms of Use once per year on January 1st, and/or at any time with notice via an email to the primary contact on file for your account. You agree to visit this page on January 1st of each year, and after receipt of a TOS change email, to view the changes. Should you wish to terminate your agreement due to the TOS change, contact us with in 15 days (by January 16th, or 15 days after receipt of a TOS change email) to close your account and receive a refund for the unused portion. The updated TOS supercedes any previous TOS and any other document or agreement.