Terms of use


Revision date: 08-09-2011

All services provided by SpaceCity 411 LLC dba Pearland411.com (henceforth Pearland 411) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Pearland 411 from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Pearland 411’s servers, or any other server on the Internet. Links to such materials are also prohibited.

 

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites


NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Pearland 411 WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gigabyte of traffic exceeded. This amount is not prorated, meaning that 1 megabyte to 1 gigabyte will be treated and billed as the same.

 

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

 

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Pearland 411 is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.


Refusal of Service

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

All sub-networks, distributive hosting sites and dedicated servers of Pearland 411 must adhere to the above policies, with the exception of system resources in respect to dedicated servers.


Billing

By the Account Activation Date of each month, Pearland 411 shall either:

(1) Debit the client's credit card (when such information has been provided by the client); or

(2) Deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Pearland 411 by no later than the specified payment due date. Pearland 411 shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.


Service Fees

Certain services carry a setup fee charged by Pearland 411 to the client, which must be paid by the client in order to have use of said services. If client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Pearland 411 and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.


Money back guarantee & refund policy

We offer no Money back guarantee. Advertising inventory is based off of impressions and can not be calculated accurately. Customers purchase advertising for future advertising usually for the coming month advertising.

 

Refunds: If client has retained the services for advertising and has pre-paid Pearland 411 for such services, refunds must be requested within twenty four (24) HOURS and Pearland 411 will issue any unused services, upon client's request. Therefore, if client's account is cancelled at any point during the term after the twenty four (24) hours, client will not be entitled to a refund for the months remaining.


Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.


Refusal of Service

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

Open Forum Policy

The public has access to the website. If a member of the public creates an account, they have to ability to generate content on the website in the form of forum posts and/or company reviews (not all inclusive). All reviews posted on Pearland 411 are generated by the public and are only screened by Pearland 411 for profanity or other obscene content. Both negative and positive reviews could be posted on Pearland 411, and any negative or positive reviews cannot be removed by Pearland 411 staff. Any issues a Customer may have with a review posted on Pearland 411 will need to be resolved with the poster, and you may submit a rebuttal reply to the party in question should you feel the need to do so.

Limitation of Liability

Pearland 411 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Pearland 411’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, Pearland 411 shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Pearland 411's servers. All damages shall be limited to the immediate termination of service.


Violations

Violations of these Acceptable Use Policies should be referred to Service@Pearland411.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Pearland 411 cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Pearland 411 are resold. Thus, certain equipment, routing, software and programming used by Pearland 411 are not directly owned or written by Pearland 411. Moreover, Pearland 411 holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Pearland 411 sees fit.


Account Activation

By activating your account with Pearland 411, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.


Server Uptime Guarantee

Although Pearland 411 has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.


Pearland 411 reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy

Revision date: 08-09-2011

Pearland 411 has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.


Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, no third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.


Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.


Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: Service@Pearland411.com

Acceptable Use Policy

Revision date: 08-09-2011

As a provider of web site hosting and other Internet-related services, Pearland 411 offers its customers (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Pearland 411 respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Pearland 411 reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Pearland 411 has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Pearland 411’s services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Pearland 411 cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Pearland 411 cannot monitor or censor the Internet, and will not attempt to do so, Pearland 411 cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Pearland 411 does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Pearland 411’s network and may reach a large number of people, including both subscribers and non-subscribers of Pearland 411, subscribers' postings to the Internet may affect other subscribers and may affect Pearland 411’s goodwill, business, reputation or operations. For these reasons, subscribers violate Pearland 411’s policies and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:


Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Pearland 411, but also because it can overload Pearland 411’s network and disrupt service to Pearland 411’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Pearland 411 will investigate and shutdown the account that is spamming. A $250 charge for violating this policy will be charged to the person initiating the spam. Furthermore Pearland 411 reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Pearland 411 choose to pursue and prosecute.

Audio/Video Streaming:

Audio/Video Streaming is not hosting friendly. As such, Pearland 411 does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.


Adult-Oriented Content:

Pearland 411 does not allow adult content and will suspend/terminate any offending account.

Large File Policy:

Pearland 411 is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to: .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail Service@Pearland411.com.


Obscene Speech or Materials:

Using Pearland 411’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Pearland 411 is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using Pearland 411’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

 

Forging of Headers:

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

 

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

 

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.


Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the United States.


Usenet Groups:

Pearland 411 reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.


Other Activities:

 Please read our classifieds terms of use here.

 

 


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