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The use of services provided by ProAceHosting.com, LLC [hereafter referred to as "ProAce International"] constitutes agreement to terms, conditions and rights.
1.) Account Setup
Your account will be set up immediately, upon of payment, and screening of your order, by our payment partner for fraud. You must provide us with a different email address from the domain email requested in your order. In the even that an issue or abuse occurs, we will contact you via the primary email to contact you. You must update your current email, in the event that it changes. Your account may be terminated for providing any kind of false information. Government issued identification and scan of credit card may be required for dedicated server purchases and high risk transactions. Failure to meet our requirements may result in the order being considered fraudulent, and subsequently denied.
2.) Transfer of Hosting
Our transfers team will make every effort to help with the transfer of your site, as a courtesy. However, we are unable to guarantee the transfer process. We make no guarantees as to availability or time it will take, as every host is configured a little differently. We will work hard to assist with the process, though we may not be able to transfer your data from one host to another.
3.) Content of website
All services provided by ProAce Hosting may only be used for lawful purposes. The laws of the State of Maryland and the United States of America apply.
The customer agrees to indemnify, holding ProAce Hosting harmless from claims, due to use of our services.
You are prohibited from using our services to infringe upon any copyright or trademark. This includes, but is not limited to, unauthorized copying of music, books, photographs, or any other copyrighted work. The offer or sale of counterfeit trademark merchandise will result in immediate termination of your account and services with ProAce Hosting. In the event that you believe your copyright or trademark may have been e infringed upon, email admin@proaceinternational.com with the necessary information provided. We may ask for further documentation for requests dealing with licensing issues.
Examples of unacceptable material on all Shared Servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of controlled substances without prior proof of DEA permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts, or sites promoting illegal activities
Acceptable material:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's
ProAce Hosting retains the right to refuse anyone service, at our discretion. Any material we determine to be obscene or threatening will be removed from our servers immediately. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. Abuse issues must be dealt with via troubleticket/email and will provide a response within 48 hours. If the acceptability ofyour site is in doubt, please contact us at admin@proaceinternational.com. We will be happy to assist you.Direct customers: Your services will be terminated with or without prior notice.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes username and password that are compromised. You are required to use a secure password. Your account may be suspended if you use a weak password, until a more secure password is chosen.
We may conduct audits to prevent use of weak passwords. You will be notified and allowed to change your password if we find it to be weak.
4.) Zero Spam Tolerance.
We have a ‘zero tolerance’ policy against unsolicited email, bulk mailing and spam. Safe lists and double opt-in are also considered spam. Use of spam will result in termination of your account with or without prior notice.
(Spamvertised) sites will not be hosted on our servers. This includes spam sent via fax, email and instant messaging. Usenet or newsgroups are included. We will not allow anyone listed in ROSKO to be hosted on our servers. Any account which leads to our IP space being blacklisted is terminated or suspended immediately.
ProAce Hosting reserves the right to disable or request changes to any web site, account, database, or other component that fails to comply to our established policies. We also reserve the right to request modifications, in the event of an emergency. ProAce Hosting reserves the right to charge a clean up fee, at our discretion, to the holder of any account used for unsolicited email.
5.) Payment Information
You agree to provide payment in advance for the time period in which services are provided by ProAce. You further agree that you must notify ProAce Hosting in advance of any service period, your intention to cancel service. Unless we receive notification, you willed be billed on a regular basis.
Cancellations must be received in writing via our email at admin@proaceinternational.com . We will inform you of account cancellation upon confirmation of all necessary information with you, via email. You will receive the following message upon completing the form: ‘At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.’
It is the client’s responsibility to ensure that payment information is update and prompt, timely payment is made to ProAce. A 10 day grace period is given from the invoice due date to the payment date. Any invoice that becomes 10 days overdue will incur a $10 late fee and/or an account suspension until payment is received in full.
Invoices paid more than once with multiple Paypal accounts can onl be added as account credit. They cannot be refunded by Paypal. For assistance with this stipulation, contact us at sales@proacehosting.com
ProAce reserves the right to change monthly payment amounts and other charges any time.
6.) Backups and Data Loss
Use of service is at your own risk. ProAce is not liable for files or data associated with your account. You agree to take full responsibility for file and data transfer and maintenance of suitable backup activities for data stored on ProAce servers.
7.) Cancellations and Refunds
ProAce reserves the right to cancel with our without notice, any account at any time.
Abuse of ProAce staff in any medium or format will result in suspension or termination of services.
Customers may cancel at any time by emailing us at admin@proaceinternational.com. ProAce offers an unconditional 30 day money back guarantee on managed, shared hosting and reseller solutions. Refunds a do not apply to dedicated servers, administrative fees, custom software installation or domain name purchases. Refunds requested past 30 days will be prorated for time used.
Only first-time accounts are eligible for a refund. If you had a previous account with us that have been cancelled, you are not eligible for a refund upon signing up for services again. Second accounts are not eligible.
Violations of our Service Terms waive refund policy.
8a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. Various activities can cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
8b) INODES
The use of more then 50,000 INODES will result in account suspension. Accounts found to exceed 50,000 INODES will not be backed up on our backup servers. An INODE is the actual file or directory and not the size of that file or directory. For example, an index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.
9.) Bandwidth Usage
You are allocated a monthly allowance of bandwidth. This varies depending on the package you choose. We reserve the right to suspend the account until the beginning of the next allocation period, should you pass the allowable amount. We also reserve the right to suspend your account until more bandwidth is purchased at an additional cost. We also reserve the discretion to terminate the account and/or charge overage fees.
10a) Money back Guarantee
The 30 day money back guarantee does not apply to dedicated servers and co-location. We reserve the right to decide whether a prorated amount or not refund is issued.
A 30 day unconditional money back guarantee does apply to all of ProAce’s managed, shared and reseller servers. You will be given full refund of the contract amount, if you are not completely satisfied within the first 30 days of service.
10b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime standard, a one month credit will be given on your account. You may not use third party service monitoring reports as justification. This is due to a variety of factors, including network capacity and transit availability. Uptime is defined as reported time from operating system of the server. This may differ from uptime reported by individual To request a credit, please contact us in writing via email at sales@proacehosting.com with justification. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers covered by a network guarantee are given credit for downtime based on the amount of time the server is down. The uptime guarantee does not apply.
11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting services
The cost of hosting will not increase from purchase date. We reserve the right to change prices listed on proacehosting.com and the right to increase the resource levels for plans at any time.
13a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ProAce harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ProAce, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ProAce against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ProAce; (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 customers from ProAce 's server.
13b.) Arbitration
By using any ProAce services, you agree to binding arbitration. Disputes that arise against ProAce and its subsidiaries will be handled by an arbitrator of ProAce‘s choice. All arbitrator decisions are considered legal and binding. You are responsible for all costs of arbitration.
14) Disclaimer
ProAce will not be liable for damages to your business. No warranties or liabilities of any kind are made or implied by ProAce. We do not warrant any terms of fitness or salability for specific functions. This includes loss of data resulting from delay, failure in delivery and interruptions of service by ProAce and its agents.
15.) Disclosure to law enforcement
ProAce may disclose subscriber information to law enforcement agencies without subscriber consent or notification, with legal request from such agencies. It is our intention to fully cooperate with all law enforcement agencies.
16.) Changes to the TOS
ProAce reserves the right to revise policies at any time without prior notice.
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