4. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, http://www.PlatoHost.net/. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.

What may not be hosted on our network:

Illegally posted materials will not be tolerated on our network. These include:
- Child pornography

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Network Uptime is the total time in a calendar month that PlatoHost network is available through the Internet, provided that Client has established connectivity. PlatoHost takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in PlatoHost’s Network as confirmed by PlatoHost. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any PlatoHost scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to PlatoHost. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by PlatoHost will be turned over to an outside 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 Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

Delinquent Accounts:
PlatoHost may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Transfers and Fees:
We only accept requests for hosting account transfers which are hosted on cPanel servers version 3 and above. cPanel account transfers are free for up to 10 accounts. Each cPanel account transfer over 10 will require a $1.00 fee per each account. Transfers are not guaranteed as remote server problems and other issues may render cPanel account transfer impossible. In such cases a refund will be made for any transfer fees paid.
In the event that data is missing in new account after transfer, PlatoHost Inc. will not be held responsible for such data loss.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to PlatoHost, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the PlatoHost billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold PlatoHost responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Refunds and Disputes:
All payments to PlatoHost are nonrefundable. This includes any setup fees, monthly fees, and yearly hosting fees regardless of usage. All billing disputes must be reported within 15 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in PlatoHost’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Pro-rated refunds are only issued in regards to upgrades and downgrades of an existing hosting plan. Payments made on a monthly or yearly basis after upgrade are still nonrefundable, however the customer is not obligated to continue their subscription past the month or year last paid for.

15 Day money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a 30 day money back promise. If for whatever reason we fail to satisfy your needs and are within 15 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.

Dedicated Server Restore:
PlatoHost is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. PlatoHost shall not be liable for loss of data under any circumstance.

Hardware replacement will occur within 1 - 8 hours of the reported problem, PlatoHost will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@PlatoHost.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*