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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.