Membership Agreement | Member Terms & Benefits

Membership Agreement

This Private Membership Association (“Host PMA”), a sole proprietorship owned and operated by William Troy Leaver under Tennessee law, providing domain name registration and transfers, website hosting, managed VPS, audio/video streaming, business email, email marketing and graphic design services to paying members. By subscribing to any of the above mentioned services, the undersigned agrees to become a member of the PMA, consenting to its private, non-public nature. Services are provided exclusively to members under the protections of the First and Fourteenth Amendments. The PMA complies with Sumner County business licensing requirements. This agreement is governed by Tennessee law, with disputes resolved only within Sumner County courts.

Membership Requirements

• Only United States Citizens or Nationals (resident of a state outside the status of United States Citizenry) with a physical address in the USA can become a Member. of Host PMA. These two legal statuses require proof of new members (United States Citizenship or National Status.)
• A Member must be proficient in the webmaster role. To become a Member, your can order service(s), but your service(s) will be pending until we call you and verify you are eligible for membership. (Usually the same day if possible including weekends.)
• A Member must accept Host PMA’s values, which include:

1. 1. Agreement to The United States Declaration of Independence.
   2. Agreement to the original United States Constitution ratified on June 21, 1788.
   3. Agreement with the original United States Nationality Act of 1790.
   4. Avoidance of deviant sexual proclivities (i.e. LGBTQ+) and the promotion of such.
   5. Review
   6. Acceptable Use Policy below for additional details.

Use of our websites

1. Our websites include: leaver.com (primary website), hostpma.com (provisioning, billing and support), hostpma.pro (hosting panel), cdn.hostpma.com (video streaming CDN) and mail.activesend.com (business email.)
2. You agree to use all the PMA’s services and facilities at your own risk. The PMA specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the PMA be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
3. You agree that you shall defend, indemnify, save and hold the PMA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the PMA  its agents, its Members, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Members, it’s agents, employees or assigns. You agree to defend, indemnify and hold the PMA harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the PMA infrastructure (servers, routers, firewalls etc.)
4. The PMA reserves the right to intervene with any of the sites hosted on its servers in the interest of its Members. Any material supplied by Members infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to Member from the PMA ‘s servers. The PMA shall be the sole judge of what violates this policy.

Billing

1. The PMA bills, in advance for hosted services.  All hosted services are according to the chosen billing cycle, with no contract length required past the billing cycle end date unless renewed by the Member.
2.  The PMA bills annually for domain name registrations or incoming transfers.
3. The PMA accepts Visa, Master Card, American Express, and Discover Card payment. Electronic payment methods stored on Member’s account represents permission to charge for any service due. The PMA hosted services have no contract terms and can be canceled at Member’s discretion, using the Request Cancellation link on the right side menu of the page when viewing the details of a hosted service. (Access your hosted services here.) Payments made for any service or domain name are non-refundable except where indicated in the refund policy below.
4. Changes to the pricing of any hosted services are announced via Our PMA blog or announcements within our members’ accounts 30 days in advance before going into effect.

Refund Policy

1. The first hosting service ordered by a member is entitled to a refund during the first 30 days of service. The member must open a ticket to request this refund.
2. Domain name registrations are not refundable at all, whether misspelled or fraudulent.
3. Our payment processor (Stripe) does not reimburse our transaction fees when we issue a refund. For this reason, clients with active domain names or hosted services will have refunds credited back to their account balances to be automatically applied to future invoices. Clients without active domain names or hosted services will be issued a refund to their original payment method.
4. Credit card disputes are not a valid means for obtaining a refund under any circumstances. Refunds must be requested directly from the Company, and such requests are subject to the refund terms above. Disputing a charge (a.k.a. credit card chargeback) will subject the Member to an immediate termination of all services hosted by the Company, forfeiture of all domain names registered by the Company, and a $30.00 charge for each and every chargeback.

Late Payments

Backups

1. Member is solely responsible for maintaining backups of all important data hosted by the Company, regardless of any backups performed by the Company.
2. The Company periodically backs up cPanel accounts of shared and reseller hosting Members and stores them offsite. The Company offers an optional backup service for Members of our managed VPS servers. The Company assumes no liability as to the availability or completeness of Member data backups.
3. If the Member declines the optional backup service offered for a Managed VPS, the Member is responsible for performing backups of said VPS.

Acceptable Use Policy

1. Our website hosting services require the Member to use the nameservers provided by the Company, and to have the primary top level domain name(s) pointed to/hosted by us. We do not support a scenario whereby a website is pointed externally and a hosting plan used for email only. Only a business email plan can be used for email only purposes without web hosting.
2. All services provided by the Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material the Company judges to be threatening or obscene, or material protected by trade secret and other statute.
3. The subscriber agrees to indemnify and hold harmless the Company and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
4. The Company’s acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although the Company will always inform you when and why any action has been taken.
5. Pornography is prohibited on the Company’s hosting infrastructure. This includes sites that include sexually explicit or hardcore images and/or advertising.
6. The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company.
7. The subscriber further acknowledges that the Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
8. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material, is not permitted on the Company’s network.
9. Content relating to Hacking, Cracking, Warez and IRC is not allowed on the Company’s network. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
10. The subscriber acknowledges that our email service is not to be used for sending bulk email (defined as sending the same email to more than 10 recipients) and will instead use a bulk emailing service for such communications.
11. The subscriber must consent to our anti-spam policy and privacy policy.

Limitation Of Liability

1. The Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever.
2. Furthermore, the Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of our servers. All damages shall be limited to the immediate termination of service.

Disclaimer

1. In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Company’s  website or paid services, even if the Company or an authorized representative of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
2. The Company does not warrant or represent that the services will be uninterrupted, error-free, or completely secure from loss. To the extent permitted by applicable law, the Company disclaims and and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an ‘as is’ basis.
3. The Company reserves the right to remove any account without advanced notice for any reason without restitution as the Company sees fit.
4. The Company reserves the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Governing Law

Updates to our Membership Agreement

• 05/31/2024 Capitalized customer(s) to Customer(s) throughout; Since we now provide extra billing cycles, language updated to reflect this (2.1); Removed all but annual domain name billing (2.2); Changed the suspension date from 15 to 30 days past invoice date (4.1); Changed the termination date from 90 to 60 days past invoice date (4.1).
• 10/28/2024 Removed the first month free trial for web hosting (3.1) and replaced it with 30 day refund for first service plan ordered.
• 12/11/2024 The hosting plans menu is now on the right side of the page, so cancellation instructions (2.3) have been adjusted from left to right. We’re no longer accepting ACH electronic check, but we do accepted mailed checks/money orders, so section (2.3) has dropped “, as well as E-Check / ACH”. Added “Postal mail is available for Check/Money order payment.”
• 05/09/2025 Stripe has doubled their chargeback fees from $15 to $30 so our TOS has been updated to reflect this. Chargebacks are prohibited by our TOS, so refunds must be requested with a ticket rather than being charged back.
• 07/11/2025 We have changed our terms of service (previously MediaServe LLC) to a membership agreement (now Host PMA.) Changes include the Membership Verbiage at the top, and an addition section “1. Use of our websites” identifying our websites. All verbiage related to MediaServe LLC no refers to Host PMA. Customers are now referred to as Members of Host PMA.