VPS Terms & Conditions (TOS)

Virtual Private Server (VPS) Terms of Service


PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT PANACEA IT OFFERS.

1.    INTRODUCTION

Panacea IT, Inc., its affiliates and their successors and assigns (collectively referred to as "Panacea IT", “we”, and “us”) makes available the VPS and related services described in Panacea IT's published service descriptions subject to these Terms of Service (the "TOS").

For the purposes of the TOS, the word "you" means the individual requesting one or more services provided by Panacea IT, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

2.    ACCEPTANCE OF TERMS

1.    Capacity. You represent and warrant to Panacea IT that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from Panacea IT unless your parent or guardian enters into the TOS on your behalf.

2.    You represent and warrant to Panacea IT that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from Panacea IT.

3.    YOU

1.    Services. The services that you request from Panacea IT by means of the online order form on the Site or otherwise in writing and which Panacea IT agrees to provide subject to these TOS are the "Services".

2.    Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.

3.    Privacy. You have read Panacea IT's Privacy Policy and consent to the use of your personal information as described therein.

4.    Communications. Panacea IT reserves the right to communicate with you regarding the Services and your use of the Site. You consent to Panacea IT's use of any contact information that you provide to Panacea IT in doing so.

5.    Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform Panacea IT immediately.

6.    Changing Passwords. Panacea IT may, at any time, change any username or password assigned by Panacea IT to you, and Panacea IT will notify you when it does so.

7.    Insurance. Client shall maintain, at its sole cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as Client.

8.    Customer represents and warrants that Customer has or has access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server.

4.    DESCRIPTION OF SERVICES

1.    General.

1.    Description. For each Virtual Private Server "VPS" package and related services that Panacea IT makes available to its customers, Panacea IT has prepared and published a specification (each a "Service Description"). The Service Descriptions are available on www.instahost.us (the "Site").

2.    Changes to Services. Panacea IT may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. Panacea IT may also send any email notice of the change to its affected customers.

2.    Virtual Private Servers VPS Services.

1.    Any Service identified as a "VPS" in its Service Description is a Virtual Private Server (VPS) Service

2.    VPS Environment. Panacea IT shall deliver the VPS Service using hardware and monitoring services that are maintained and monitored on a 24/7 basis. This includes: using commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of Panacea IT's VPS hardware.

3.    Disk Space. Panacea IT shall provide disk space for your VPS..

4.    Internet. Panacea IT shall provide an Internet connection linking your VPS to the Internet. There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the VPS package purchased, depending on the terms agreed upon at purchase, as measured during any 30-day period. If you exceed the monthly aggregate or daily average network traffic allowance you will be asked to upgrade to a VPS package that matches the traffic incurred or you may incur an additional fee as set by Panacea IT. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by Panacea IT and may include all forms of traffic to and from the Virtual Server.

5.    Remote Access. You will be given remote access to upload files for your VPS provided that you do so in a manner consistent with the TOS.To read more about the various methods that can currently be used to do so. Your VPS Service also includes root access to your VPS server.

6.    Routing. When Panacea IT hosts a website on your behalf, Panacea IT will route one or more domain names to that website. The exact number of domain names that Panacea IT will route on your behalf will depend on the VPS Service to which you subscribe. Check the applicable Service Description for more information.

7.    Backup. You acknowledge that unless you subscribe to a VPS Service that expressly includes the independent backup of Your Content (as defined below) as a service, Panacea IT's backup activities are primarily for Panacea IT's own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, VPS Services include access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup your files frequently. Panacea IT VPS Backup is an optional service available for an additional fee or which may be included for no charge in some VPS Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have. If you modify your stored backups, Panacea IT will not be responsible for any damages or loss of data that may result from these actions.

8.    Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following "Maintenance Windows": (i) between 12:00 a.m. and 3:00 a.m. (local time in UAE, Dubai); (ii) between 12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a Maintenance Window to use, Panacea IT takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to Panacea IT by the customers) and what would be the early hours of the morning for most of them.

9.    Availability. A VPS Service is "Available" if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the VPS Service is operational.

10. Measure. Panacea IT will use reasonable efforts to ensure that the VPS Services will be Available other than for "Scheduled Maintenance" at least 99.9% of the time, measured monthly. Any maintenance or other work performed on Panacea IT's technology infrastructure that takes place during the Maintenance Window or with at least 48 hours' prior notice posted to the Site is "Scheduled Maintenance".

11. Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of Panacea IT, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that Panacea IT will not be performing any maintenance activities during that Maintenance Window.

12. Free Domain Name. If the cost of registering or renewing a single domain name for one year is included in the annual Fees that you are being charged for a VPS Service (see the applicable Service Description to find out if it is included and the eligible types of domain names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, Panacea IT will register or renew (as applicable) the domain name for you. If Panacea IT does so and you continue to subscribe to such VPS Services for a period of at least 12 months, Panacea IT will not charge you its then current fee for registering or renewing a domain name (as applicable). HOWEVER, IF THE VPS SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, PANACEA IT WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY PANACEA IT'S THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).

3.    Domain Names Registration Services.

1.    Assistance with Registering Only. Panacea IT may assist you to register one or more top-level or second-level domain names (the "Domain Name Registration Service"). For each such domain name registered Panacea IT's involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar Instahost by Panacea
Please note: you are also bound by ICANN's rights and responsibilities:
http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities

2.    Maintenance of Domain Names. You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. PANACEA IT IS NOT RESPONSIBLE FOR DOING SO.

3.    Please note that: (i) Panacea IT is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) Panacea IT will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and (iii) Panacea IT may but is not obligated to inform you of any proposed or new top-level or second-level domains.

4.    Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant's name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing Panacea IT in writing prior to the registration of the domain name that you wish to take advantage of the registrar's privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not Panacea IT.

5.    As is. Assistance with registering domain names and securing related privacy services is provided "as is" and without any warranties, representations or conditions whatsoever

6.    Domain Redemption Fee: If your domain was registered with Panacea IT and has expired, but you wish to recover the domain, Panacea IT may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, Panacea IT must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with Panacea IT can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.

4.    Resale. If you have received written permission from Panacea IT to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If Panacea IT is contacted directly by any such client, Panacea IT may suspend all or part of the Services that it is providing to you. If Panacea IT does so, Panacea IT will give you notice of the suspension and the reason for the suspension. Once you have satisfied Panacea IT that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, Panacea IT will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions

5.    Additional Services. Any additional services related to the VPS Services or Domain Name Registration Services that are requested by you and that Panacea IT in its sole discretion provides ("Additional Services") are deemed to be Services provided pursuant to these TOS, and they will be provided at Panacea IT's then current rates.

6.    Support.

1.    FAQs. Panacea IT maintains a list of frequently asked questions relating to the VPS Services on the Site.

2.    Technical Support. Panacea IT will provide technical support relating to the VPS Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; or (ii) email (iii) chat. The email address and the telephone number that you should use are set out on the Site.

3.    Verifiable. Panacea IT will use commercially reasonable efforts to resolve each problem reported to Panacea IT's help desk and verifiable as being a problem or deficiency with the VPS Services.

4.    Assistance. When you report a problem to Panacea IT's help desk, you will provide: (i) any assistance reasonably necessary to allow Panacea IT to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.

5.    Billing. Billing and account support is available via the web-based tool that Panacea IT provides to you to manage your account. The tool and the hours that apply to your jurisdiction are available on the Site.

5.    CONTENT

1.    Intellectual Property. No intellectual property rights are transferred by Panacea IT to you by these TOS.

2.    Your Content. "Your Content" means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to Panacea IT and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable Panacea IT to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.

3.    Monitoring Your Content. Although Panacea IT is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, Panacea IT reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.

6.    ACCEPTABLE USE

1.    Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or Panacea IT's technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize Panacea IT's products, services, technology infrastructure or ability to operate; or (ii) expose Panacea IT to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:

1.    possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:

1.    include child pornography;

2.    infringe any person's copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);

3.    wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.

4.    can be used for attacking computer systems and networks and defacing websites (including scripts, executables or other tools);

5.    include any form of malware

2.    make threats to a person's safety or property;

3.    defame other persons;

4.    interfere with the services that Panacea IT provides to its other customers;

5.    interfere with, disrupt or damage the servers used by Panacea IT to provide such services, those of Panacea IT's suppliers or those of Panacea IT's other customers;

6.    impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;

7.    wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone's technology infrastructure or distributing computer programs designed to assist in doing so;

8.    any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:

1.    include child pornography;

2.    the export of data or software;

3.    the protection of human rights;

4.    the promotion of hatred;

5.    defamation;

6.    criminal offences;

7.    the protection of intellectual property; or

8.    including the sending of commercial electronic messages without consent from the recipients.

9.    Unacceptable uses of the Services or Panacea IT's technology infrastructure may also include but are not limited to: ailing, unsolicited emailings, newsgroup spamming, hardcore pornography (including but not limited to the use of animals in such pornography) or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of Panacea IT's technology infrastructure. Panacea IT will be the sole and final arbiter as to what constitutes a violation of this policy.

10. All VPS servers must use software configurations that conform with Panacea IT requirements. Use of particular software may, at the sole discretion of Panacea IT, be deemed unacceptable. You have no right to modify, change or alter the software configuration on your VPS that is not in-line with the VPS package you originally ordered. Furthermore, Panacea IT will not support any mistakes, errors, faulty settings or installation issues caused by you.

2.    Disruptive Uses. You may not use the Services or Panacea IT's technology infrastructure in any manner that interferes with or disrupts Panacea IT's other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and Panacea IT may exercise its rights under section 6.6 including to suspending Services:

1.    generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by Panacea IT's other clients who have purchased similar VPS services;

2.    generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by Panacea IT's other clients who have purchased similar VPS services;

3.    on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to your assigned resources or amount of network traffic typically generated by Panacea IT's other clients who have purchased similar VPS services;

4.    the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient's consent

5.    No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Panacea IT server is not tolerated. This includes any email that promotes websites hosted on a server located on the Panacea IT network, but which is sent from an email address not associated with a Panacea IT account.

3.    Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, Panacea IT scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, Panacea IT may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from Panacea IT's servers, it is a breach of this section 6.3 and Panacea IT may exercise its rights under these TOS including section 6.6 and section 5.3

4.    Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.

5.    Investigation. Panacea IT reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with Panacea IT when asked to assist in any such investigation.

6.    Breaches. If you breach this section 6, it is probable (in Panacea IT's sole discretion) that you have breached or it is likely that you will breach this section 6 (also in Panacea IT's sole discretion), Panacea IT in its sole discretion may suspend or revoke your access to the Services or Panacea IT's technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.

7.    Others Breaches. Panacea IT assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.

7.    IP ADDRESSES

1.    Panacea IT may assign one or more Internet Protocol addresses (IP) to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by Panacea IT or its representatives in connection with any Services. Panacea IT or its suppliers may change any such address at any time, but Panacea IT will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address. Ownership of the IP Address is with Panacea IT. The right to use that IP address shall belong only to Panacea IT, and You shall have no right to use that Internet Protocol address except as permitted by Panacea IT, in its sole discretion in connection with the VPS Services, during the term of this Agreement. Panacea IT shall maintain and control ownership of all IP numbers and addresses that may be assigned to You, and Panacea IT reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. Panacea IT will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

8.    PAYMENT

1.    Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the "Fees"). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU.. Otherwise, Panacea IT will give you at least 30 days prior written notice of any increase to the Fees.

2.    Promotions. From time to time, Panacea IT may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form that you used to order the Service.

3.    Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse Panacea IT for all registrar's fees or other related expenses incurred by Panacea IT in relation to any third-party service described in section 4.3.

4.    Taxes. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on Panacea IT's net income.

5.    Payment of Fees. Panacea IT accepts payment by credit card (Visa, MasterCard or American Express), Alipay, and PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.

6.    In Advance. Payment for VPS Services is in advance. When you order a VPS Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a VPS Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A VPS Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.

7.    Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.

8.    Automatic Charging. When Panacea IT is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card, Alipay or PayPal account that Panacea IT has on file for you and you authorize Panacea IT to do this. Panacea IT will send an invoice for these amounts to the email address that it has on file for you before doing so.

9.    Chargebacks. Please note that should any amount that you pay by credit card, Alipay or PayPal be charged back to Panacea IT, you will incur an additional Fee of $25.00. The payment will not have been received by the due date, and:

1.    Panacea IT may restrict, suspend or terminate the affected Services; and

2.    the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, Panacea IT shall be entitled to recover its collection costs, including legal fees and expenses.

10. 30 Day Guarantee of VPS Services.

1.    If at any time during the 30 day period beginning on the date that you purchase VPS Services for the first of your websites to be hosted by Panacea IT you are not satisfied with the VPS Services that you are receiving, you may terminate this Agreement by using the web-based tool that Panacea IT provides to you to manage your account to terminate the VPS Service. If you do so, you will receive a refund. PLEASE SEE OUR CANCELLATION AND REFUND POLICY FOR REFUND RULES PERTAINING TO HOSTING SERVICES AND OTHER SERVICES.

11. Automated Account Updates. Panacea IT may participate in programs offered by your credit card provider to provide updates to your credit card info in cases where Panacea IT is unable to successfully collect payment using your existing payment method. These programs are called "recurring billing or account updated services" and they are often services provided by your credit card provider with the participation of your financial institution. If Panacea IT is unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify Panacea IT of updates to your credit card number and/or expiration date, or may automatically charge your new credit card on Panacea IT’s behalf without notification to us. In accordance with any recurring billing program requirements, in the event that Panacea IT is notified of an update to your credit card number and/or expiration date, Panacea IT may automatically update your payment profile on your behalf. Panacea IT makes no guarantees that we will request or receive your updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain the account, including but not limited to properly canceling the services and ensuring your associated payment method(s) are current and valid. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of the services, and Panacea IT shall not be liable to you or any third party regarding such interruption or loss.

9.    TERM

1.    Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this Agreement (the "Term").

10. SUSPENSION AND TERMINATION

1.    Suspension. If you are in breach of these TOS, Panacea IT may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to Panacea IT satisfaction that you have taken steps to prevent future breaches of the TOS, Panacea IT will lift the restriction or suspension. Panacea IT will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in Panacea IT's sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.

2.    By You. You may terminate any Service at any time by using the web-based tool that Panacea IT provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.

3.    By Panacea IT. Panacea IT may terminate any Service by giving you at least 30 days written notice of the termination date. Panacea IT may terminate this Agreement immediately and without prior notice to you:

1.    if you breach section 6 (Acceptable Use);

2.    if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or

3.

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