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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.