| TERMS
OF SERVICE (TOS) FOR RESELLER HOSTING PACKAGES
The primary objective of ProNIC™
Solutions is to provide excellence in web hosting services
to our reseller customers. To be able to protect each
one of our customers, and to preserve our pricing structure
and quality of service, we need to make sure that certain
rules are followed.
Use of ProNIC™ Solutions' hosting services constitutes
the acceptance of these terms of service in their latest
form.
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 reseller 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 Web site content will remain under your domain;
your domain will not be made available to any other
entity unless you specifically request it. You have
the right to retain files that you seek to hold on your
Web site as long as they do not violate our terms and
conditions. 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 servers.
We do not seek to abridge users' constitutional rights,
but we uphold all laws applicable to the content of
sites hosted on our servers. The average "Adult
Site" gets more hits than 50 standard Web sites
combined. Some adult sites get around 5 to 10 GB of
transfer per day. Our servers would be severely slowed
with these types of resources being utilized. We would
even be forced to raise our prices to pay for the additional
bandwidth. We strive to keep our servers fast and inexpensive;
therefore, adult sites that contain graphic content
are not allowed.
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.
Sites 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 deleted
from our servers, 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 terminate an account at any
time for any reason without refund.
Shell Accounts:
Shell accounts are available for the purpose of editing
and setting up your web site. Shell accounts should
not be used as a development platform for issues unrelated
to your web site. Users must not leave their home directories
at any time and must not attempt to gain the privileges
of another user. In the event that such user causes
any server crashes/damages, and/or interferes with any
of the following files their shell access privileges
will be revoked and denied for any future use: .bash_history,
.bash_logout, .bash_profile, .bashrc. Before shell access
can be enabled on your account, you will need to print
a form and fax it to us along with a copy of your drivers
license, passport or other legal document. Shell accounts
are only available for the main reseller account. Sub-accounts
are not entitled to shell access, no exceptions will
be made. For more information, please visit our help
& support section at http://support.pronicsolutions.com/
IRC:
We DO NOT allow any type of IRC related material to
be operated on our servers. 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 reseller account
or email accounts 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.
Network Abuse:
Reseller accounts operate on shared network and system
resources. This means that there are several reseller
accounts per server. Excessive use or "abuse"
of these resources by one customer have a negative impact
on all other customers. In all fairness, you are not
allowed to deliberately consume network and/or system
resources in an excessive manner, this includes but
is not limited to: CPU time, memory, and disk space.
You are also not allowed to use resource-intensive programs
that can negatively impact other customers or the performance
of our systems. High Network traffic and throughput
is not a problem for ProNIC™ Solutions, but extreme
network traffic or uploading and downloading can sometimes
create problems. ProNIC™ Solutions' servers are
configured to shut off any account when its bandwidth
allowance is exceeded. You are allowed to exceed your
maximum bandwidth allowance without being shut off as
long as you notify ProNIC™ Solutions in advance,
however, you will be billed $4.00 for each additional
GB of throughput on your next billing cycle.
Overselling:
Resellers do not have restrictions on the number of
domain hosting accounts that they can create since space
and bandwidth calculations are based on actual usage
rather than on the amount of resources allocated to
individual domain hosting accounts. However, resellers
must be extremely careful when calculating space and
bandwidth usage; overselling too much space and/or bandwidth
by allocating more resources than those available can
create serious problems that can only be corrected by
either upgrading the main reseller account or by removing
sub-accounts.
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.
Other activities:
Whether lawful or unlawful, that ProNIC™ Solutions
determines to be harmful to its customers, operations
or reputation, including activities that restrict or
inhibit any other user from using and enjoying our services.
Payments:
All reseller 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 via email. Past due accounts
that are not brought current within ten (10) days of
the first failed attempt will be suspended and 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 reseller accounts. All payments made
including any setup fee(s) (if applicable) 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 your services with ProNIC™
Solutions, you may do so by contacting our billing department
via the help
desk. Your can cancel your reseller hosting account
at any time, however, we do require 3 business 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
hosting plan during the period damages occurred.
99.9% Web Site Uptime Guarantee:
ProNIC™ Solutions guarantees your reseller hosting
site will always be online. If during any given month,
your web site does not meet at least 99.9% uptime, you
will be entitled to receive a service credit. Service
credits are calculated as follows:
(00:00 = 0 Hours, 0 Minutes)
Between 00:00 and 00:45 downtime per month (100% - 99.9%
uptime) - No credit
Between 00:45 and 03:30 downtime per month (99.9% -
99.5% uptime) - 10% credit
Between 03:30 and 07:15 downtime per month (99.5% -
99% uptime) - 25% credit
Between 07:15 and 14:30 downtime per month (99% - 98%
uptime) - 50% credit
Over 36:00 downtime per month - 100% credit
Data Backups:
ProNIC™ Solutions makes full backups every week,
and backups of new and changed data every night. No
guarantees are made of any kind, either expressed or
implied as to the integrity of these backups. Backups
are made for server restoration purposes only. It is
your responsibility to maintain local copies of your
web content. If for any reason a loss of data occurs,
we will attempt to do our best to recover such data.
We reserve the right to delete user’s files after
one or both parties terminates agreement.
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 web hosting account. In no
event ProNIC™ Solutions cumulative liability exceed
an amount equivalent to charges payable for your specific
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, as a reseller are entitled to receive "Free
Technical Support", however, technical support
is only available via email and is limited to issues
directly related to Web hosting such as server connectivity,
HTTP, FTP and email services. ProNIC™ Solutions
does not provide technical support for configuring,
using and/or troubleshooting third party applications
including but not limited to: Mailman Mailing Lists,
MySQL Databases, Shopping Carts and CGI Scripts. Most
answers to your questions may be on our support pages
available at: http://support.pronicsolutions.com/.
ProNIC™ Solutions WILL NOT provide technical support
to your customers. You are solely responsible for providing
direct support to your customers.
Violation of Terms by 3rd Parties:
Actual or attempted violations of these terms and conditions
by a customer's end user shall be considered violations
of the terms by the customer regardless of intention
and will be acted upon accordingly. Your customers have
to abide by the same terms and conditions as you do,
or we have the right to cancel any of your reseller
accounts, in addition, if you abuse our services, we
reserve the right to cancel your account, which will
also cancel your customers' accounts.
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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