The use of web hosting, application hosting, email hosting and domain services from Palomino System Innovations Inc [hereafter referred to as "Palomino"], and any affiliates thereof, such as 360 Mediaworx, constitutes agreement to these terms.

The use of web hosting, application hosting, email hosting and domain services from Palomino System Innovations Inc [hereafter referred to as "Palomino"], and any affiliates thereof, such as 360 Mediaworx, constitutes agreement to these terms.  

I. Account Setup / Email on file & Domain Administration
It is your responsibility to provide us with an email address which is not at 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.  

Palomino is not a domain registrar. Should your domain be managed by Palomino, we reserve the right to list ourselves as the owner, technical contact, administrative contact and billing contact for the domain in question. Palomino is not responsible for any downtime due to domain expiry and/or DNS transfer. (See XII below for full disclaimer details.)  

Should you wish to have your domain moved to an account managed by yourself, or a representative from your company, Palomino can provide recommendations on a suitable domain registrar. There may be fees associated with the transfer of a domain from one registrar to another.  

II. Content
All services provided by Palomino may only be used for lawful purposes. The laws of the province of Ontario, and Canada apply.  

The customer agrees to indemnify and hold harmless Palomino 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. If you believe that your copyright or trademark is being infringed upon, please email abuse@palominosys.com with the information required. If the request is of a licensing issue, we may require further documentation.  

Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, MUDs / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.

We reserve the right to refuse service to anyone. Any material that in our judgement is obscene, or threatening, is prohibited and will be removed from our servers 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.

If in doubt regarding the acceptability of your site or service, please contact us 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.

Violations will be reported to the appropriate law enforcement agency.  

III. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.  

Please read “Mail Policy” below for our general mail policy.  

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, usenet and/or newsgroups.  

Palomino 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. This also includes Palomino’s right to take direct action and make any such modifications as deemed necessary in an emergency at its sole discretion.  

Palomino reserves the right to charge the holder of the account used to send any unsolicited e-mail a “clean up” & “re-activation” fee. The cost of these fees is entirely at the discretion of Palomino.  

V. NOTE: Be wary of any vendor or solicitor, specifically in the realm of search engine optimization, who guarantees traffic to your website; this is, in most cases, spam induced traffic which may result in your account being terminated without notice.

IV. Payment Information
You agree to supply appropriate payment information for the services received from Palomino, in advance of the time period during which such services are provided. You agree that until, and unless, you notify Palomino of your desire to cancel any or all services received, those services will be billed in a timely fashion.   

Palomino reserves the right to change hosting, and any other associated services and/or fees, at anytime.   

V. Backups and Data Loss
Your use of the service is at your sole risk. Palomino 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 backups of files and databases stored on Palomino servers. As a courtesy Palomino will maintain one backup copy on redundant media, updated daily.   

VI. Cancellations and Refunds
Palomino 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 without notice. 

Customers may cancel at any time via email at support@palominosys.com . There are no refunds on administrative fees, install fees for custom software and/or certificates, or domain name purchases. Hosting refund requests after 30 days will be refunded on a prorated basis of any unused time.  

Violations of these Terms of Services in any way will waive the refund policy. 

VII. Resource Usage
User may not:
a) Use 15% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes.  

VIII. Transfer Volume Usage
If you have been allocated a monthly transfer volume allowance, this allowance varies depending on the hosting package you purchased. 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 volume 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 volume in one month cannot be carried over to the next month.   

IX. Uptime Guarantee
Palomino provides minimum 99.5% of uptime (or maximum 0.5% of downtime), calculated as the total of minutes of uptime in any given month divided by 30*24*60 minutes per month. Downtime is defined as unscheduled unavailability of web hosting services, caused by hardware, operating system, power, or network outage. Malfunction or outage of web services due to web script bugs or failure of a web application are not covered in this agreement. If your account experiences downtime above the maximum downtime guarantee, your account may be eligible for refund of up to one month of service fees. Approval of the refund is at the discretion of Palomino dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. To request a refund, please contact support@palominosys.com with justification. All requests must be made in writing via email.   

X. Price Change
Palomino reserves the right to change prices for any hosting package with a 30 day notification period provided to the client. Palomino also reserves the right to increase the amount of resources given to plans at any time.

XI. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Palomino harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Palomino, 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 the customer, its agents, employees or assigns.   

Customer agrees to defend, indemnify and hold harmless Palomino against liabilities arising out of; (I) any injury to person or property caused by any products sold or otherwise distributed in connection with Palomino; (II) any material supplied by the customer infringing, or allegedly infringing, on the proprietary rights of a third party; (III) copyright infringement and (IV) any defective products sold to customers from Palomino’s server(s).   

XII. Disclaimer
Palomino shall not be responsible for any damages your business may suffer. Palomino makes no warranties of any kind, expressed or implied, for services we provide. Palomino 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 Palomino its hardware and/or its employees.   

XIII. Disclosure to law enforcement
Palomino 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.

XIV. Changes to the Terms of Service
Palomino reserves the right to revise its policies at any time without notice.   
 

Mail Policy

I. Anytime you are sending a message, no matter the size of the e-mail list, you must throttle it.  We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which is an open source solution. If you do not throttle and you try sending a large volume of emails at one time, for instance 500 emails, the server will try and send all 500 in 1 second, which is not possible. This will cause the server load to be extremely high;  It is our job to keep our servers up, running and operating at optimal speeds.  Anyone who causes the server load to reach such a capacity will be suspended, without warning,  and the associated process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

II. Any mailing list over 900 emails is only allowed to be sent during "off-hours" to prevent high server load. "Off-hours" is considered all day Saturday and Sunday, and 1am - 8 am eastern time Monday to Friday.

III. You are not allowed to mail using a list you were given, or that you purchased. This is spamming; users have not consented to you personally sending them mail. Be advised there is no justification or extenuating circumstances, this is spam and will result in termination, without notice, of the offending account.