This document was last modified on 2024-02-20.
Pear Web Host (a Pear Media Inc. Company) employs an Acceptable Use Policy (hereinafter “AUP“) to maintain the integrity and performance of its computer equipment. In a shared web hosting environment, several clients must share limited infrastructure resources. As such, it is important not to use your hosting account in a way that may negatively affect other Pear Media Inc. clients. Our AUP describes what is and is not allowed on our servers. By using any of our services, you agree to comply with our AUP. Failure to comply with the AUP may result in account suspension or termination without prior notice. Pear Media Inc. will remain the sole arbiter in what constitutes a breach of our AUP.
You may not use any of Pear Media Inc.’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Pear Media Inc. if, for any reason, Pear Web Host takes corrective action with respect to your improper or illegal use of its services.
Pear Media Inc. reserves the right at all times to disclose any information as Pear Media Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pear Media Inc.’s sole discretion. You can view our Privacy Policy at https://www.pearwebhost.com/en/personal-data-and-general-privacy-agreement
Pear Media Inc. has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of $150.00, plus taxes, can be charged for a first offence, and penalties double for repeat offenders.
Shared web hosting or reseller accounts are not designed to be used to send out large quantities of emails simultaneously. There is a limit of how many emails you can send per hour, per account. The number of emails per hour varies based on the plan you select, as described on the Pear Web Host website. Emails sent beyond the authorized limit will not be delivered. Mailing lists can have a maximum of 500 recipients. If you do send more than 25 emails at any given time, you must activate a “throttling” feature in your mailing application when sending, so that every delivery is delayed by a minimum of 10 seconds so as not to overcharge the server. You may not attempt to circumvent this limit by linking multiple hosting accounts together. If you would like to send larger quantities of legitimate commercial emails, please inquire with our sales team about our commercial Email Marketing service.
You may not send emails with attachments greater than 20 MB from Shared hosting accounts. If you need to share larger files, you are encouraged to upload your files on your hosting account and email a hyperlink (“URL”) to the file.
Each mail box must not exceed 3GB in total size. Clients are encouraged to download or archive their emails on a regular basis using software such as Microsoft Outlook, Apple Mail, or Thunderbird using the POP3 protocol, and deleting read emails from the server.
Shared web hosting accounts may not use their disk space for backup storage, or storage of any files not directly linked from their web sites. You may store a maximum of 1 backup of your web hosting account on the server at any given time, and for a period not exceeding 24 hours. Please do not make backup copies of your backups.
If needed, backup copies can be generated by the Client during off-peak hours, from midnight to 5AM EST. It is strictly forbidden to generate backups of your account between 5AM and 11:59PM MST, as this can seriously degrade the system’s performance. This applies to backups generated from the cPanel, or any other type of automated backup such as those performed by third-party services and automated plugins.
Pear Media Inc. does not back up hosting accounts on its servers. Please ensure you do this yourself. Due to the resource-intensive nature of the backup process, Pear Media Inc. cannot guarantee the regular and consistent back up and/or restore of accounts that exceed 20 giga-bytes (“GB”) of total data or more than 200,000 files (including emails, databases, regular files, statistics, and configuration files). Accounts that store more than 20 GB of data or more than 200,000 files risk no longer being backed up automatically. Manual backups will still be possible in most situations. To re-activate automatic backups, the Client must bring the total amount of data stored on their account to less than 20 GB of data and less than 200,000 files and contact our support department. Files exceeding 1 GB will not be included in the regular backups.
In order to guarantee reliable service, Hosting Accounts may not use more resources than what would be required by a regular web site in the course of its regular activities. Accounts may not use more than 5% of the total Pear Media Inc. system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. Pear Media Inc. will attempt to notify the client whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Clients consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed.
Pear Media Inc. server resources cannot be used for any other purpose than to serve data from your web sites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.
Please note that Pear Media Inc. hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.
While we don't impose fixed disk space limits, in order to protect our clients from users consuming an excessive amount of resources, we have established the following rules concerning the use of disk space on Pear Media Inc. Hosting accounts:
All processes invoked by the web server, cron, shell or other should not exceed the following limits:
All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is your responsibility to update all the installed software with the latest security patches in a timely manner. On Shared Web Hosting servers, Pear Media Inc. provides automatic installation tools that can also handle automatic software updates shortly after updates are released by the vendors. However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account.
Popular web applications such as WordPress, Drupal, Joomla, phpBB, along with their plug-ins, modules, and add-ons, are particularly vulnerable to exploits due to their popularity, so additional vigilance must be used to ensure the software is safe and up-to-date.
Insecure scripts and software may be disabled by Pear Media Inc. at any time without prior notice to prevent issues with the server’s security.
You agree not to use Pear Media Inc. systems for any purpose that is unlawful or prohibited by this AUP, and you agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements.
Pear Media Inc. reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:
The following uses of our servers are strictly forbidden:
Explicit or pornographic content is strictly forbidden from Pear Media Inc. Hosting Accounts.
Shell access is disabled by default on Shared Hosting Accounts, but may be enabled by submitting a request via our helpdesk. The “find” Unix command may not be used on a directory having more than 5 levels of sub-directories.
Dedicated Servers are granted complete Shell Access.
You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.
Due to the resource-intensive nature of these programs, you may not install and use real-time chat software on Pear Media Inc. Hosting Accounts, unless this software was provided by us. The use of Facebook Chat, Tawk.to or other 3rd party chats with stand alone sites or software are prohibited.
Pear Media Inc. Hosting Accounts: Cron jobs must not be scheduled more often than once every 10 minutes. Two or more separate Cron jobs may not be executed at the same time; a minimum of 5 minutes should separate two scheduled executions. You may not schedule a total of more than 5 cron jobs on any hosting account.
Pear Media Inc. will, at its own discretion, determine what action will be taken in case of a violation of the AUP. Pear Media Inc. reserves the right to suspend or terminate any account found to be violating the AUP without notice and without refund of any pre-paid fees. Violation of this AUP could also subject you to criminal or civil liability.
Pear Media Inc. reserves the right to modify this AUP at any time without providing prior notice. You are responsible for all use of the Pear Media Inc. services by yourself, your employees, agents, contractors, invitees and customers, whether such use is with or without your consent.
If you would like more information about Pear Media Inc.'s Acceptable Use Policy, please contact us via our helpdesk. We will deploy our best efforts to assist you.
Please contact abuse@pearwebhost.com or open a ticket in our helpdesk. Please ensure you include as much information as you can to assist our investigations. Complaints will be investigated within 24 hours of receipt and we may follow up to obtain additional information. Unless we require additional information, you will not receive a reply or update from us.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
This Agreement and its interpretation are subject to the laws of the province of Alberta and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the Province of Alberta, including disputes regarding the Agreement’s interpretation and its effects.
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