TERMS AND CONDITIONS

Pappaya may enforce rules and regulations regarding the use of its services. These rules and regulations are called Terms & Conditions.

Any violation of the Terms and conditions will result in action that Pappaya feels appropriate, which could be the termination of your account. No refund will be given for any interruption in service resulting from policy violations.

SECURITY

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is attacked, it will be de-activated and an immediate investigation will begin. In such an event, the customer is responsible for the cost to fix any damage done.

Violations of system or network security are prohibited, and may result in criminal and/or civil charge. Pappaya may investigate incidents involving such violations and may involve law enforcement. Violators of the policy are responsible, without limitations, for the cost of labor required to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Pappaya. Pappaya is concerned with the privacy of online communications and web sites but cannot take responsibility for the security of information transmitted over the Pappaya facilities.

The customers are responsible for protecting their own password. The customer will not use or permit anyone to use Pappaya services or service to hack passwords or to access other systems or networks without authorization. Pappaya will fully cooperate with law enforcement in the detection and prosecution of any such illegal activity.

SOFTWARE PIRACY POLICY

The Pappaya network and related services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law. In compliance with the Digital Millennium Copyright Act (the “DMCA”), please email notifications of claimed copyright infringements to our legal department (see our contact us page for details). Pappaya will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

NETWORK

Customers must use the Pappaya network responsibly. This includes respecting other Pappaya customers. Pappaya reserves the right to terminate service with any Customer who uses the Pappaya network in such a way that it unfavorably affects other Pappaya customers. Violations of this policy may be reported to the law if deemed appropriate. Pappaya will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

 

LAWFUL PURPOSE

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or Pappaya’s Terms and Conditions is strictly prohibited.

 

UNSOLICITED COMMERCIAL E-MAIL

Pappaya will not tolerate the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via email as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Pappaya are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Pappaya network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Pappaya’s SPAM policy will result in severe penalties. If Pappaya are notified of an alleged violation of our SPAM policy, an investigation will be initiated. During the investigation, Pappaya may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Pappaya may terminate the customer’s account. Further, Pappaya reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Pappaya will notify the law if the violation is believed to be a criminal offence. Violation of Pappaya’s SPAM policy may be reported to our abuse department (see our contact us page for details).

Email Services

Pappaya reserves the right at its sole discretion at any time, to block any and all email and/or attachments deemed inappropriate or high risk in accordance with the Pappaya security policies.

 

IP Address

Pappaya administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by Pappaya staff. Any server found using IP’s that were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected. No Pappaya IP address is portable or transferable.

 

Domain Name Registration

All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, Pappaya wishes to emphasized that Paying for domain names in no way guarantees that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and confirmed to you in writing. Domain renewal takes place automatically at the end of the current domain registration period. Pappaya disclaims any responsibility for reminders to customers or users for pending renewal. Domain cancellations must be received in writing at least 2 weeks in advance of the domain expiration date. Failure to provide written cancellation of your domain name(s) in sufficient time will result in the automatic renewal of your domain name(s) and the application of all associated charges. Pappaya can accept no responsibility for any losses incurred as a result of unwanted renewal of your domain names.

 

Hardware

Pappaya reserves the right to upgrade hardware without notifying the customer provided that the level of service remains consistent or improves.

 

Security Review/Website Security Test and Penetration Test

Pappaya’s Security Review/Website Security Test & Penetration Test Service aims to reveal, with the aid of online scanners, any known vulnerabilities that may be a potential risk to both the client organization and its customers. Pappaya cannot guarantee that the scans will uncover all known vulnerabilities at the time of the scans or thereafter. Pappaya cannot be held responsible or liable in any way for vulnerabilities not identified by the scans; this includes attacks carried out after the scans have been completed. Due to the frequent discovery of new vulnerabilities, Pappaya cannot guarantee that the subject of the scans will be risk-free from hackers and can accept no viability if the scanned subject is successfully hacked or exploited in any way following any scan by Pappaya. Pappaya guarantees the confidentiality of all information gathered by the scans and by any other method during the Security Review process. Pappaya will not, under any circumstances, pass any data collected to any third party, nor will Pappaya use the data for any marketing or promotional use.

 

Internet Relay Chat (IRC)

Pappaya allows the use of IRC inside the Pappaya network as long as the use of IRC on a Pappaya server does not violate any of the other Terms and Conditions. As a policy, Pappaya will not provide vanity IRC reverse DNS records. To enforce this policy Pappaya does not turn the reverse address of IP’s over to the customer. Authority over this information remains with Pappaya.

 

Hosting Services Agreement (HSA) Contract Consent

By proceeding with payment and making use of Pappaya services, Client hereby agrees to the terms of service set forth in the Hosting Services Agreement (HSA) contract.

 

Suspension

Pappaya reserves the right to suspend network access to any customer, if the Pappaya network administrators feel the customer’s server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which Pappaya decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

 

Cancellation

Pappaya reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Pappaya if Pappaya institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer. Customers may cancel at any time by sending a 1 month written notice (via email to our accounts department; see our contact us page for details). Upon receipt of the cancellation request, a confirmation will be sent to the customer via email; if this confirmation email has not been received by the customer, the cancellation request has not been received by Pappaya and will not take place. A cancellation fee based on the outstanding balance detailed within the Hosting Services Agreement (HSA) contract is applicable and must be paid immediately upon cancellation. The customer’s hosting platform will remain active for the duration of the agreed timeframe within the HSA from receipt of the written notice of cancellation.

 

Open Source Products

Pappaya offers absolutely no warranty on any open source products running on our servers. Open source products are entirely the responsibility of the customer.

Pappaya accept no responsibility for any open source products functioning after updates to our servers and other entities which are related to open source products.

If a customer wishes to maintain an open source installation we advise that they join the open source forums and constantly check for updates on the internet.

Backups

Pappaya maintains a standard backup retention period of 7 days only, unless otherwise requested and agreed. Any data backed up outside of this retention period will not be kept or available for restore. Pappaya will not accept responsibility for any data loss outside of our backup retention period.

Suspension

Pappaya reserves the right to suspend network access to any customer, if the Pappaya network administrators feel the customer’s server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which Pappaya decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.