TERMS
OF SERVICE (TOS) FOR DEDICATED HOSTING PACKAGES
Use of ProNIC™ Solutions' dedicated
hosting services constitutes the acceptance of these
terms of service in their latest form. These terms of
service only apply to dedicated hosting accounts.
Customer Information:
Customer shall keep accurate information on file concerning
customer's name, email address, billing address and
telephone number. Customer may update this information
online by logging into the CMI (Customer Management
Interface) at http://www.pronicsolutions.com/cmi/
Your dedicated hosting account may be suspended or terminated,
and will be subject to late fees and charges, if receipt
of your invoices or other communications from ProNIC™
Solutions is delayed or prevented due to a change in
such information, which has not been kept updated in
a timely manner.
Web Site Content:
Your ProNIC™ Solutions dedicated server is to
be used for lawful purposes only. You have the right
to retain files that you seek to hold on your server
as long as they do not violate the terms stated herein.
You are not allowed to publish any material that under
ProNIC™ Solutions' discretion: violates local,
state, federal, or international laws; has obscene or
pornographic material, threatens the Internet community,
encourages criminal mischief, or material that could
give rise to civil liability.
Adult Related Web Sites &
Pornographic Material:
ProNIC™ Solutions has a zero-tolerance policy
on all pornographic material hosted on our network.
We do not seek to abridge users' constitutional rights,
but we uphold all laws applicable to the content of
sites hosted on our network.
Warez Sites:
Warez Sites are sites that are typically used by "hackers"
to trade (upload/download) illegally pirated copies
of software programs with one another. ProNIC™
Solutions has a zero-tolerance policy on all Warez Sites.
Servers that become a trading post for "warez"
programs will be reported to any and all regulatory,
administrative, and/or governmental authorities for
prosecution. In addition to your account being terminated,
you may face legal action that can be taken against
you by the programmers/software companies of the copyrighted
software.
Other Unacceptable Content:
Illegal material or material that is against public
policy, material that may be detrimental to the public
health, safety, or welfare. (Such as, but not limited
to: Anarchists Cookbook, bomb making, weapon information,
etc., or anything else that may be considered detrimental
or illegal.) ProNIC™ Solutions will be the sole
arbiter as to what constitutes a violation of this provision,
and reserves the right to deactivate and remove any
server at any time for any reason without refund.
Background Running Programs:
You are allowed to have background processes running
on your server. There is no limit to the number of processes
that you can run.
IRC:
We DO NOT allow any type of IRC related material to
be operated on our network. This also includes IRC bots
or any application that utilizes Raw Sockets and/or
ICMP Packets to short-circuit the TCP/IP stack.
Spamming:
Sending the same, or substantially similar, unsolicited
email message, whether commercial or not, to more than
one recipient (known as "spamming") is strongly
disfavored among Internet users and Internet service
providers. ProNIC™ Solutions is committed to a
zero-tolerance anti-spamming policy. You are not allowed
to use your ProNIC™ Solutions dedicated server
to send unsolicited email. Our "spamming"
rules also apply to mailing lists. Mailing lists are
only to be focused at an audience that has voluntarily
signed up for your email information or that has made
their email address available for distribution of information
from you. If you have any complaints or comments regarding
spam on our network, please direct them via email to
.
Newsgroup Spamming:
Defined as excessive cross-posting, or posting the same
article to several newsgroups. This is prohibited. Accepted
standards allow no more than 15 newsgroups, or cross-postings,
for a single article or similar articles.
Accounts that violate our spamming
policies WILL BE TERMINATED without a refund.
Server Abuse:
Any attempts to undermine or cause harm to a ProNIC™
Solutions server or customer of ProNIC™ Solutions
is strictly prohibited. Any sub-networks of ProNIC™
Solutions and dedicated servers must adhere to the above
policies. ProNIC™ Solutions will be the sole arbiter
as to what constitutes a violation of this provision.
Illegal/Unauthorized Access
to Other Computers or Networks:
The illegal or unauthorized accessing (often known as
"hacking" or "cracking") of computers
or networks carries potential civil and criminal penalties
under both federal laws and the laws of most states.
ProNIC™ Solutions reserves the right to report
illegal activities to any and all regulatory, administrative,
and/or governmental authorities for prosecution.
Payments:
All dedicated hosting accounts must be paid with a major
credit card and will be billed automatically on a monthly
basis. In the event that a credit card is declined,
the customer will be notified by email. Past due accounts
that are not brought current within ten (10) days of
the first failed attempt will be subject to termination.
Taxes:
Client will pay and indemnify and hold ProNIC™
Solutions harmless from any and all taxes associated
with or arising from client's use of the Services, including
any penalties and interest and any costs associated
with the collection or withholding thereof.
Refunds:
ProNIC™ Solutions' 30-day money back guarantee
does not apply to dedicated servers. All payments made
including setup fees are non refundable.
Cancellations:
ProNIC™ Solutions reserves the right to cancel
any member for violating any of these Terms and Conditions
without any refund of service.
If you wish to cancel/terminate your service with ProNIC™
Solutions, please contact our billing department via
the help
desk. Your can cancel your dedicated hosting account
at any time, however, we do require 30 days notice in
order to complete your current billing cycle. Refunds
will not be made under any circumstances to customers
that request cancellation after their billing cycle
has rolled over and a new invoice has been generated.
Interruptions of Service:
Due to the nature of the service provided, an interruption
could occur for many reasons beyond ProNIC™ Solutions'
negligence. Damages resulting from any interruption
of service are too difficult to ascertain. ProNIC™
Solutions shall not be liable for any damages that arise
from such causes. ProNIC™ Solutions' liability
for its own negligence may not in any event exceed an
amount equivalent to charges payable for your specific
server plan during the period damages occurred.
Data Backups:
ProNIC™ Solutions does not backup data that is
stored on our dedicated servers. Client is responsible
for making the appropriate data backups in connection
with the use of a dedicated server.
Limitation of Liability:
In no event shall ProNIC™ Solutions be liable
for damages resulting from loss of data, profits, or
for any incidental, indirect, punitive or consequential
damages in connection with these terms and conditions
or in connection with any dedicated server. In no event
ProNIC™ Solutions cumulative liability exceed
an amount equivalent to charges payable for your specific
dedicated hosting plan during the period damages occurred.
Privacy:
ProNIC™ Solutions will not sell or disclose your
information with anyone without your explicit consent.
ProNIC™ Solutions cooperates with those attempting
to minimize Internet abuse, and reserves the right to
institute mechanisms as part of its efforts to reduce
such abuse. ProNIC™ Solutions will not monitor
or disclose your email messages unless required to do
so by court order or law, however, ProNIC™ Solutions
will cooperate with law enforcement authorities and
will notify such authorities if it suspects illegal
activities.
Technical Support:
You are entitled to receive "Free Technical Support",
however, technical support is only available via email
and is limited to issues directly related to your dedicated
server such as server connectivity, http, FTP, DNS and
email services. cPanel servers can be administered totally
via the web-based admin interface (cPanel/WHM). ProNIC™
Solutions will not support anything done outside of
these web-based interfaces, specifically any modification
of files from a telnet or console shell (this includes,
but it not limited to the configuration files, software
programs and data that are part of the server operating
system) that results in improper or impaired function
of the product or system failure. This excludes modification
of files by employees of ProNIC™ Solutions. ProNIC™
Solutions will only provide support via telephone if
you need assistance with issues related to your server
being operational, in which case you can call our main
number at (877) 597-6168 x2. If you are able to go online
and you have any other type of problem, we encourage
you to use our help
desk for assistance.
CUSTOMER AGREES TO HOLD PRONIC SOLUTIONS HARMLESS FROM
ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST PRONIC SOLUTIONS, 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 CUSTOMER, IT'S AGENTS, EMPLOYEES
OR ASSIGNS. CUSTOMER AGREES TO HOLD HARMLESS PRONIC
SOLUTIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY
INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS
SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH PRONIC
SOLUTIONS' SERVERS; (2) ANY MATERIAL SUPPLIED BY CUSTOMER
INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM
PRONIC SOLUTIONS' SERVERS.
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