Terms of service

General terms

1. Purpose

These Terms of Service (“TOS”) represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Femtomax, Inc. (“Femtomax”,"PagePapa", “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services you accept these TOS and you agree to abide by the then-current version of: these TOS and our Privacy Policy each of which is integrated into the TOS by reference (together, the “Policies”). These Policies may be modified from time-to-time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.
PagePapa is the name of the web hosting platform offered by Femtomax Inc. These terms are solely related to your use of PagePapa platform (the "Platform"). Usage of the term PagePapa, Femtomax, Femtomax Inc., we, us or our should be treated as referring to the PagePapa platform offering from Femtomax Inc.

Femtomax India Private Limited (a wholly owned subsidiary of Femtomax Inc.) is the contracting agency for our customers residing in India.
Customers, residing in India should make payments in INR. Based on your country of residence, your contracting agency will be different and is outlined in schedule I.

2. Customers

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your instance of such products and services (“End Users”).

3. Services

PagePapa platform provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone full price or discounted service or for free, any Service you request or allow to be provided by PagePapa is included as part of the “Services” we refer to in these TOS and the other Policies. All Services are subject to each of our Policies. Certain Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of such Services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering at any time, including between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.

a. Services offered

PagePapa offers a number of different products and services, including but not limited to those listed below. These TOS and our Policies apply to all Services offered under the PagePapa platform, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.

i. Shared web hosting with ads
ii. Shared web hosting without ads
iii. Website design services that use our pre-built templates
iv. Shared web hosting with your source files (one index.html, one CSS, one Javascript and one or more images)
v. Newsletter signup page
vi. Coupon code display page

b. Hosting services terms

i. Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account (if such a provision is available), your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
ii. Our Hosting accounts are allocated storage depending on the package you select. The storage for Services purchased does not rollover and is not creditable across periods. In the event you require more storage than you have purchased, your account may be suspended until the next period, you may purchase additional storage by upgrading your account (if such a provision is available), your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
iii. We will provide, as part of the Service cost, an IP addresses included in the plan you select. You must map your DNS records for the domain name for which you have purchased the hosting plan to the IP address we provide. We make best effort to retain the same IP address as long as possible, however, we cannot guarantee the availability of the IP address at all times. In case the IP address assigned to you changes, we will inform you (either before or after the change) so that you can update the DNS record associated with the domain.
iv. In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
v. You can host only the design we provide based on the templates available to your plan.
vi. You can host only one HTML file, one CSS file, one JavaScript and one of more images (subject to overall storage allocation corresponding to your pla) if you want to use your own design.
vii. You will receive one free SSL certificate for the website you host with us for the duration of the plan. We use 3rd party SSL certificate issuers to obtain an SSL certificate for your website hosted on our servers.

c. Web design terms

i. We design your website based on one of template you choose.
ii. The template you choose must be from one of the templates we offer and must be included in your plan.
iii. We will require all website content to be made available to us, before we start the design.
iv. You warrant that all website content provided by you, is either owned by you, or you have the necessary rights to include them in your website.
v. We may use your website as an example to showcase our work to others.
vi. You can upload your own design (based on plan you choose). Read our documentation for design instructions and limitations.

4. Access

You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.

5. Enrollment; Account information

a. Enrollment

YOU WARRANT THAT BEFORE YOU USE ANY OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to PagePapa that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.

b. Account information

You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application, including as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.

c. Account Security

i. You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. PagePapa is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
ii. In addition to terms under the Support Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data (download all images and copy all text in a separate storage in your possession).
iii. You agree to give PagePapa permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our Policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

6. Billing & payment

a. Term

We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out in the plan purchased(“Initial Term”).

b. Renewal

We may not renew your plan automatically. We may inform you via email on an upcoming renewal. You are solely responsible for ensure renewal is done on time. If renewal of the plan is not done before the expiry of the active plan, you may lose your data and content associated with the website hosted under that plan.

b. Cancellation

If you no longer wish to host with us, you may unpublish and delete the website from your account. To terminate a web design order, simply contact us on any channel mentioned in the contact us section.

c. Refunds

All hosting plans are purchased at-least for an year. For a one-year plan, there is no refund. For multi-year purchases, you will eligible for a refund, on our sole discretion, for the years not utilized. Any part utilization of the plan for any month, is counted as complete year usage. For example, if you purchased a plan on 05 Jan 24 for 3 years, and you cancel on 03 Feb 25, you will be refunded only for the period 05 Jan 26 till 04 Jan 27.
For web design orders, if you cancel the order within 3 calendar days of placing the order, we will refund 50%. There is no refund for order cancellations after 3 calendar days.
To request for a refund, please contact us. If approved, you should receive the refund in 5-7 business days.

d. Payments

We use 3rd party payment processors for accepting payments. You agree to provide accurate and up-to-date information during the checkout process to our payment processor and agree to abide by the terms of service of our payment processor(s).

7. Availability

Your use of the Services is governed by these TOS, including our Policies. PAGEPAPA PROVIDES NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL BE ABLE TO ACCESS PAGEPAPA’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSMITTED BY PAGEPAPA IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.

8. Testimonials

You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services. Any Endorsements you provide will be owned by us and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information and we will cease using the Endorsement soon after processing your request.

9. Backups

YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF PAGEPAPA’S NETWORK. PagePapa is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
We do our best to keep a backup copy of your data (most recent version only), however, we cannot guarantee availability of the data.

10. Licenses; Intellectual Property; Data Ownership

a. Services performed or provided by PagePapa are either PagePapa’s original work or are the works of third parties from which PagePapa has obtained necessary permissions to provide and are not “works made for hire”. We hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or PagePapa terminates the Services.
b. All right, title and interest in PagePapa’s technology and the Services shall remain with PagePapa, or PagePapa’s licensors. You are not permitted to circumvent any devices designed to protect PagePapa, or its licensors’, ownership interests in the technology or Services provided to you. In addition, you may not reverse engineer this technology or the Services.
c. We use all information we gather as specified under the terms of our Privacy Policy. You hereby grant PagePapa, and any third parties used by PagePapa to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services.

11. Hosting warranty

PagePapa warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify PagePapa in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and PagePapa’s sole and exclusive obligation, in the case of a breach of this warranty is, at PagePapa’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.

12. Your Representations and Warranties

a. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
b. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.
c. You have read and agree to the terms outlined in the PagePapa Support Policy
d. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
e. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.

13. Disclaimers

a. EXCEPT FOR THE WARRANTY IN SECTION 12 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO PAGEPAPA), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by PagePapa, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. PAGEPAPA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
b. PagePapa is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. PagePapa is not responsible for any loss of data, for any reason. PagePapa is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
c. PagePapa is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
d. PAGEPAPA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO PAGEPAPA SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES.REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to PagePapa shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
e. SOME STATES DO NOT ALLOW PAGEPAPA TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 30 DAYS FROM THE EFFECTIVE DATE.

14. Limitation of Liability

a. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT PAGEPAPA HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
b. IN NO EVENT SHALL PAGEPAPA BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “PAGEPAPA” SHALL BE INTERPRETED TO INCLUDE PAGEPAPA’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, PAGEPAPA SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
d. IN NO EVENT WILL PAGEPAPA’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY PAGEPAPA FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
e. PagePapa will not be held responsible for any: (i) force majeure events described in Section 15(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.

15. Indemnification

a. You agree to indemnify, defend, and hold harmless PagePapa and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from PagePapa personnel or authorize PagePapa personnel to conduct; (ii) any violation by you of these TOS or any of PagePapa’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
b. PagePapa shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by PagePapa hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by PagePapa. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, PagePapa shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying PagePapa promptly in writing of the claim and giving PagePapa full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in PagePapa’s opinion is likely to occur, PagePapa shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.

16. Notices

a. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
b. Please refer to our website or social media accounts, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other PagePapa Policies should be directed to contactus@pagepapa.com

17. Legal

a. Compliance with Law

i. U.S. export laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about U.S. export laws to ensure that your use of our network complies with these laws. More information about U.S. export laws may be found at: https://www.export.gov/. ii.We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.

b. Force Majeure

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.

c. Choice of Law, Jurisdiction, and Venue

For customers in countries other than India
The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the county of Santa Clara,California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

For customers in India
The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the state of Karnataka, India, as if performed wholly within the state and without giving effect to the principles of conflicts of law. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

d. All claims

All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.

e. No waiver

No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.

f. Assignment

These TOS may be assigned by PagePapa. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

g. Severability

In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect PagePapa’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.

h. Severability

Sections 6 through 17 shall survive the termination of these TOS.

i. Construction

The terms “including”, “includes”, and “include” shall be deemed to be followed by the words “without limitation” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.

j. Claims Period

No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.

18. Server maintenance policy

a. Purpose

This is PagePapa's Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services

b. Availability

We offer a 95.0% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

c. Maintenance

i. Planned outages, including Scheduled Downtime, during these periods will not fall under our uptime commitment. PagePapa will make a reasonable effort to advise PagePapa customers as far in advance as possible of any predicted extended outages. ii. Routine maintenance means weekly short downtime necessary for quick updates and patches requiring reboots or restarts. This maintenance will per performed on Sunday mornings from 9:00 am - 3:00 pm pacific time. There is no prior announcement for this routine maintenance. iii.Comprehensive maintenance means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements. First Saturday morning of every month from 9:00 AM until 9:00 AM Sunday morning pacific time or otherwise scheduled and communicated to affected customers via your contact email address. iv. Emergency maintenance means a service affecting maintenance that is so severe it requires immediate attention. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.

d. Data backup

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. PagePapa is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.

19. Support policy

a. Purpose

This is PagePapa's Support Policy. The purpose of this Support Policy is to clearly lay out PagePapa’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs.

b. Methods of Support

We provide support only on business days from 9:00am - 5:00pm pacific time. To raise a support request, either use the support ticket feature in your account or reach out to us on our social media accounts. We will strive to respond within 4 hours, however closure time is not guaranteed at this point of time.

20. Acceptable use policy

a. Purpose

Thank you for your business. This is PagePapa's Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.). PagePapa is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

b. 3rd party policies

a. This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies by using the Services or when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
b. You are bound by policies from third parties that provide Services to you through PagePapa. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.

c. Appropriate use of PagePapa hosting services

a. Intellectual property rights are respected. Please notify us regarding potential intellectual property rights infringement. You are required to comply with U.S. laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.

d. Prohibited uses

While we encourage our users to experiment and create great content on internet, there are content that we explicitly prohibit from being hosted on our servers. The list is only an indicator and not a complete, exhaustive list of what's prohibited. We, in our sole discretion, can remove content we believe is not acceptable to us. We prohibit any content that impersonates, is designed to defraud users. We do not allow websites that contain, advocate or promote violence, hate crimes, illegal activities, pornography of any kind, gambling, live event broadcasts, personally identifiable information, cracked keys, illegal drugs or controlled substances or network unfriendly activities.

e. Defamation

Websites hosted on PagePapa servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, PagePapa's policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order. As a hosting service provider, PagePapa is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.

f. Network Stability

Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.

g. Monitoring of Communications

We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy, and our Terms of Service.

21. Use of services

a. IP address(s)

The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of the Services.

b. Software

We may provide software for you to use while you are a customer as part of the Services. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in our TOS or our other Policies, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.

22. Client notification

In the event of a violation of any of our Policies, including this AUP, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations. Click here to contact us.