Terms of Service

PMG Terms of Service
Updated Monday, July 30, 2012 at 3:04:12 PM

Herein the “client” will be the customer receiving services or products from Pea Media Group LLC and the “contractor” will be Pea Media Group LLC [hereafter referred to as “PMG”] . Hourly rate is defined as $80/hour for all services and will herein be known as “hourly rate”.

This document is an agreement between PMG (d.b.a. and herein referenced as Pea Media Group, Pea Media, PMG) and its clients. It covers the terms that PMG does business with its clients unless explicitly stated in the agreement or contract between PMG and the client (agreement herein referred to as the “client contract/invoice”). If a provision of the client contract/invoice overrides any specific clause in the terms of service then all other clauses in the terms of service are still applicable. If the clause that is overridden by the client contract/invoice is updated then that clause is still dictated by the terms of the client contract/invoice.

Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may “bookmark” a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

– Modifications to the Terms of Service:
PMG has the right to modify without notice this terms of service document. Current terms of service are publicly posted and can be viewed at our website: http://www.itspeamedia.com. If the terms of service are modified then they become applicable 24 hours after the post date. If you are not able to view the terms on the website then you may ask for a printed copy to be mailed to you. You may not request a written copy to be mailed to you with frequency higher than once every thirty days.
– Policies and Procedures:
It is the policy of PMG not to transfer any websites, printed materials, etc. developed that are completed or in process if there is a withstanding balance. We do not tolerate the use of our services to promote any immoral or illegal activities. We neither support nor are we responsible for third party contractors that you may employ or purchase services from. We will make every possible effort to help you provided that we are being compensated at our hourly rate.
ORDER CANCELLATION and REFUND POLICY

We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us prior to making a payment for our services. Thank you!

For our non-tangible irrevocable goods we do not issue refunds once the order has been initiated and the project commences.

You may pay by credit card no matter which ordering method you use (Internet or by phone). At the time your order is placed, PMG obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order is placed. PMG accepts American Express, Discover, MasterCard, and Visa credit, debit, or check cards associated with a billing address within the United States and most United States territories. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PMG WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the registration process while placing your initial order. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the Account Information section. You must have a valid credit card on file when you have two or more open invoices. Credit cards kept on file will be charged for any past due amounts after the third past-due notice has been sent. Credit card information is kept confidential on our private and secure servers and not shared with any parties.

Web Design
Payments for design projects are made to us in increments as a courtesy to the client if a project is $500 or more. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Pea Media Group and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Print and Logo Design
Design costs paid to Pea Media Group are non-refundable. Printing costs paid to Pea Media Group are non-refundable. However, we realize that exceptional circumstance can take place. Therefore, we DO honor REQUESTS for the refund (ALL REFUNDS (if any) WILL BE IN THE FORM OF IN-HOUSE CREDIT ONLY!) for printing costs on the following reasons:

– The actual print job must be returned to the address provided by one of our representatives ONLY.

– The print error is determined to be our fault.

We are not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. We do not honor REQUESTS for the refund for design and / print project costs once project is started. ALL REFUNDS (if any) WILL BE IN THE FORM OF IN-HOUSE CREDIT ONLY!

PRINT projects have a 60-day window to be approved by client. DESIGN projects have a 30-day window to be approved by client. COMBO PRINT AND DESIGN projects have a 60-day window to be approved by client to proceed with completion of said project. After the time lapse, all payments associated with said projects are voided.

Chargebacks
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a PayPal (or any of our merchants used) dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.

Website Hosting
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client, or until 15 days after due date of payment not received. If client paid for hosting account for 12 months ahead and cancels service before plan expiration date, a refund may be given for the months not yet elapsed.

ALL REFUNDS (if any) WILL BE IN THE FORM OF IN-HOUSE CREDIT ONLY!

As a customer you are responsible for understanding this upon purchasing any of our services.

All currency is in US dollars.

HOSTING ACCOUNTS

The use of services from Pea Media Group, LLC [hereafter referred to as “PMG”] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
2.) Content
All services provided by PMG may only be used for lawful purposes. The laws of the State of Georgia and the United States of America apply.
The customer agrees to indemnify and hold harmless PMG from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on servers include:

IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
PMG services, including all related equipment, networks and network devices are provided only for authorized customer use. PMG systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of PMG system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at info@itspeamedia.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
PMG reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
PMG reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of PMG.
4.) Payment Information
You agree to supply appropriate payment for the services received from PMG, in advance of the time period during which such services are provided. You agree that until and unless you notify PMG of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. An employee will confirm your request (and process your cancellation). If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of PMG, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. PMG provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@itspeamedia.com
PMG reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. PMG is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PMG servers.
6.) Cancellations and Refunds
PMG reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
ALL refunds will be posted as credit to the hosting account.
Violations of the Terms of Service will waive the refund policy.
7.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
8.) Dedicated Servers
PMG reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. PMG reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on PMG.com, and the right to increase the amount of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold PMG harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PMG, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PMG against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PMG; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from PMG’s server.
14b.) Arbitration By using any PMG services, you agree to submit to binding arbitration. If any disputes or claims arise against PMG or its subsidiaries, such disputes will be handled by an arbitrator of PMG’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
PMG shall not be responsible for any damages your business may suffer. PMG makes no warranties of any kind, expressed or implied for services we provide. PMG disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PMG and its employees.
16.) Disclosure to law enforcement
PMG may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
PMG reserves the right to revise its policies at any time without notice.