Sales & Support: (360) 936-7926

Your use of the PLS Service constitutes acceptance of our Terms of Service. The Terms of Service is comprised of the Terms of Service Agreement, and the PLS Acceptable Use Policy.
We ask that you read this document carefully.

A. PLS provides its service to you as a Client or authorized user ("you"), subject to the terms of this Agreement and the PLS Acceptable Use Policy ("Policy"). Both of these are binding agreements and we shall refer to them collectively as "TOS". The TOS comprises the entire agreement between PLS and you, superseding any prior agreements between you and PLS with respect to its subject matter.

B. PLS may change the TOS at any time, and such change shall take effect thirty (30) days after the date of the last TOS change as posted in the Terms of Service area on the PLS website. A copy of the current TOS will be available on the PLS website. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in Section 12 below. Your continued use of PLS following the Effective Date of any such change to the TOS constitutes acceptance of all such changes.

The PLS TOS consists of the following sections:

The Terms of Service Agreement:
(YOUR ACCOUNT INFORMATION - CHARGES AND BILLING PRACTICES
PROHIBITED USES - THE INTERNET - CUSTOMER INFORMATION
PLS SOFTWARE LICENSES - WARRANTY - INDEMNIFICATION
TERMINATION - LAW)

CHARGES AND BILLING PRACTICES:

A. You may obtain current rates and surcharges for using PLS by calling PLS Customer Service at (360) 991-4216. Billing rates do not include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to Client accounts. You are responsible for any such taxes.

B. If you have elected to pay for PLS services by credit card and PLS does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by PLS. Each time you use PLS you agree and reaffirm that PLS is authorized to charge your designated card, or withdraw funds via electronic funds transfer from your checking account, whichever situation applies. Your card issuer agreement governs your use of your designated card in connection with PLS, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a cardholder. You agree that PLS may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that PLS may delay obtaining authorization from your card issuer until submission of the accumulated charges.

C. If PLS does not receive the full amount of your PLS account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable. Client also shall be liable for all attorney and collection fees arising from PLS's efforts to collect any unpaid balance of your account(s). You agree to be billed for and agree to pay any outstanding balance in the event of cancellation or termination of your PLS account. Unless you notify PLS of any discrepancies within ninety (90) days after they first appear on your account statement, you will deem them acceptable for all purposes, including resolution of inquiries made by your card issuer. You release PLS from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to PLS within ninety (90) days of its publication.

D. PLS. RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY PLS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING BY PLS. PLS MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH E-MAIL TO YOUR MASTER ACCOUNT OR THROUGH THE U.S. MAIL TO THE MASTER ACCOUNT HOLDER. If any such change is unacceptable to you, you may terminate your Contract as provided under "TERMINATION" below. Your continued use of PLS following the effective date shall constitute your acceptance of such change. Your website hosting fees are payable in advance and are not refundable in whole or part.

E. You are responsible for all charges associated with connecting via FTP to your website. YOU AGREE THAT ANY TELEPHONE CHARGES INCURRED ARE YOUR RESPONSIBILITY. You are responsible for all activities and charges under your master and sub-account(s), including any unauthorized charges to your account.

F. Disk allotments. Clients are allocated disk space for their home directory/web/ftp space based on the Contract agreed to, and subject to the fees described therein. Usage in excess of any allotment is billable at fifty cents per daily average megabyte (or portion thereof) per month.

G. Emulators, IRCs, MUDs, and other Servers. IRCbots or servers may not be run on PLS's system, except with the prior explicit permission of the PLS Webmaster. Bots found running will be terminated, files associated with them may be deleted. Only one IRC session, per user - per session on the UNIX shell. Idle IRC sessions on the shell will be terminated. MUDs may not be hosted on our system. The use of SLIP or PPP emulators on the UNIX shell is not allowed.

H. Bandwidth/CPU usage. You may make whatever material you like available for FTP or WWW as long as it is legal and it does not generate traffic in excess of 100 Megs per day. For this reason we expect our Clients to understand that storing any adult-oriented materials such as pictures and/or videos on their website is likely to cause just such an increase in bandwidth usage. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such an interval as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.

PROHIBITED USES:

You may not use, or allow others to use, your PLS account, either directly or indirectly, to:

(1) transmit through PLS any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content;

(2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Client or user of PLS or other person or entity;

(3) post, transmit, promote, link, or facilitate through PLS the distribution of sexually explicit material, except where specifically authorized by the Contract between PLS and the Client;

(4) impersonate any person or entity, including, but not limited to, an PLS official or communicate under a false name or a name that you are not entitled or authorized to use;

(5) post or transmit through PLS, or cause to be posted or transmitted, chain letters or pyramid schemes;

(6) post or transmit through PLS, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Clients, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest sign-on names of other Clients, without permission;

(7) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any Client;

(8) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; or

(9) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law.

(10) to spam. "Spamming" is sending unsolicited email - whether "mass" or ostensibly targeted - to people who have not asked for such email. Spam is also posting to Usenet news a single cross-post to many newsgroups, or many individual posts to multiple newsgroups that are not related to the topic of your article, or where doing so is in violation of a group's charter or common use. Posting identical or nearly identical Usenet posts on a regular (daily, weekly) bPLSs - with the exception of FAQ's and other informational content posts - is similarly prohibited. Spam sent via other networks, but referencing email addresses or websites at PLS is similarly prohibited. You may not use PLS as a 'drop off' address for replies to spam mail or spam posts sent from other networks. PLS encourages the appropriate use of email and Usenet news, and does not censor for content.

(11) mount an attack against our system or any other. This includes mail bombing, "hacking" or attempting to gain root access, tsunami or flood bots or annoyance utilities like "nuke" or "flash", employing packet sniffers, flood pings, etc. Please see the Acceptable Use Policy for additional examples of prohibited conduct.

PLS reserves the right to protect its Clients and PLS from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail."

THE INTERNET:

Please be aware that PLS is a Website Hosting Provider that allows access to the Internet, but is not the Internet. PLS does not control the content, services, or areas available through the Internet (with minor exceptions, such as the PLS home page), and providers of Internet sites or services have separate data and privacy practices independent of PLS The Internet is not owned, operated, or managed by PLS or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, international and foreign laws and regulations. Neither PLS nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites.

CUSTOMER INFORMATION:

Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of Contract, and payment information. If you wish to view your identity information and billing, please do so by calling PLS Customer Service at (360) 991-4216. We may also keep information on your communications with our Customer Service department, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Clients Individual Information. Employees who violate PLS's privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on PLS's behalf.

PLS SOFTWARE LICENSES:

PLS grants to you a non-exclusive, limited license to use PLS software to connect to PLS from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, PLS software. You may not modify PLS software or use it in any way not expressly authorized in these Terms of Service.

WARRANTY:

CLIENT EXPRESSLY AGREES THAT USE OF PLS, PLS SOFTWARE, AND THE INTERNET ARE AT MEMBER'S SOLE RISK. PLS, PLS SOFTWARE, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PLS PROVIDES THE PLS SERVICE ON A COMMERCIALLY REASONABLE BPLSS AND DOES NOT GUARANTEE THAT CLIENTS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING. PLS's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF PLS, PLS SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY PLS SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PLS's LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. PLS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH PLS, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. INDEMNIFICATION

Upon PLS's request, Client agrees to defend, indemnify and hold harmless PLS, its affiliated companies, telecommunications providers, and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any content on PLS or the Internet by or through Clients master or sub-accounts. PLS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client hereunder. In such event, Client shall have no further obligation to provide indemnification for such matter.

TERMINATION:

A. Either you or PLS may terminate your Website Hosting Contract at any time. This is your sole right and remedy with respect to any dissatisfaction with PLS, including, but not limited to, (1) any TOS term, or policy or practice of PLS or (2) any amount or type of fees, surcharges, or billing methods, or change therein. You can terminate your membership by delivering notice to PLS's Customer Service Department at (360) 991-4216, or by sending your cancellation request via US Mail to: PLS, P.O. Box 1415, Ridgefield, WA. 98642. Your termination will take effect within a reasonable time after PLS's receipt of your notice as described above.

B. If your account is terminated or canceled, no refund, including any Contract fees, will be granted; no other credits will be credited to you or be converted to cash or other form of reimbursement. Clients whose accounts PLS has terminated may not access PLS without PLS's prior express written permission. Active PLS Clients may not allow former Clients or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts must be concluded before you may re-register with PLS. Clients using multiple accounts without prior express written permission from PLS shall have their Contracts terminated.

LAW:

A. To the extent any conflict between this Agreement and the Policy exists, this Agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of California excluding its conflicts of laws rules, govern the TOS and your membership. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Client conduct may be subject to other local, state, and national laws. Client expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of California. Client further agrees and expressly consents to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving PLS.

B. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through PLS any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of the 128-bit version of any browser, including Internet Explorer, available through PLS. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain Content on PLS Client websites.

ACCEPTABLE USE POLICY:

The following examples are violations of PLS policies:

Using a non-commercial account for high volume or commercial use.
Exceeding the disk space granted under your contract.
Exceeding the traffic limit defined in your contract during any one-month period.
Revealing your account password to others, or allowing the use of your account by others
(other than authorized users in your organization.)

We enforce these policies to ensure that all of our Clients will have equal access to the services they are paying for. The vast majority of our customers will never reach these limits. Clients exceeding these limits will be issued a warning, and notified of any extra fees or charges applicable. Client will have Thirty (30) days from the date notice is sent to dispute any such additional fees or charges. Revisions to PLS Client Acceptable Use Policy PLS reserves the right to modify this Policy at any time upon at least Thirty (30) days prior notice. Notice of modifications to this Policy may be given to Customers by posting such changes to the PLS website, by electronic mail or by conventional mail.

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Our Privacy Policy: We do not track vistor information in any way. Any information you send via email or survey forms is strictly voluntary, and completely confidential. Pretel Logic Systems does not sell, rent, disclose, or in any way disseminate such information to anyone, ever.