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By using Pro
X Hosting services you accept and will be bound by the Terms and Conditions
specified below. These Terms and Conditions may be updated from time to
time without any prior notification. If you do not agree to any subsequent
changes in our Terms and Conditions, your only recourse is to cancel your
account. It is your obligation to review these Terms and Conditions periodically.
Please read these terms and conditions carefully before accepting. If you
do not wish to be bound by these terms and conditions, you may not purchase
or utilize our services in any way.
ACCEPTABLE USAGE POLICY
Violation of this TOS may result in suspension or termination of your service.
OFFENSIVE CONTENT
You may not publish or transmit via Pro X Hosting's service any content
that Pro X Hosting reasonably believes:
• constitutes or links to child pornography;
• constitutes or links to pornography;
• is excessively violent, incites violence, threatens violence, or contains
harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction,
including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• creates a risk to a person's safety or health, creates a risk to public
safety or health, compromises national security, or interferes with a investigation
by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary
information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person's trade or service mark, patent, or
other property right;
• promotes illegal drugs, violates export control laws, relates to illegal
gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable
to you or to Pro X Hosting; or • is otherwise malicious, fraudulent, or
may result in retaliation against Pro X Hosting by offended viewers.
Content "published or transmitted" via Pro X Hosting's service
includes Web content, e-mail, bulletin board postings, chat, and any other
type of posting or transmission that relies on any Internet service provided
by Pro X Hosting.
SECURITY
You must take reasonable security precautions. You must protect the confidentiality
of your password at all times. Changing your password periodically and choosing
a secure password are two recommended ways of doing this.MATERIAL PROTECTED
BY COPYRIGHT
You may not publish, distribute, or otherwise copy in any manner any music,
software, art, or other work protected by copyright law unless:
• you have been expressly authorized by the owner of the copyright for the
work to copy the work in that manner;
• you are otherwise permitted by established United States copyright law
to copy the work in that manner.
Pro X Hosting has the right to terminate any accounts in violation of copyright
laws.OTHER
You must have valid and current information on file with your domain name
registrar for any domain hosted on the Pro X Hosting network.INTERNET ABUSE
You may not engage in illegal, abusive, or irresponsible behavior, including:
• Unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures (including those belonging
to Pro X Hosting and its customers) without express authorization of the
owner of the system or network;
• monitoring data or traffic on any network or system without the authorization
of the owner of the system or network;
• Interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks;
• Use of an Internet account or computer without the owner's authorization,
including, but not limited to Internet scanning (tricking other people into
releasing their passwords), password robbery, security hole scanning, and
port scanning;
• Forging of any TCP-IP packet header or any part of the header information
in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Pro X
Hosting's network.
• Use of Pro X Hosting's network in a way that unreasonably interferes with
Pro X Hosting's other customers use of the network
SPAM POLICY
Pro X Hosting prohibits the use of Pro X Hosting’s services in any manner
associated with the transmission, distribution or delivery of any unsolicited
bulk or unsolicited commercial e-mail ("spam"). You or your clients
may not use any Pro X Hosting services to send spam. You or your clients
also may not deliver spam or cause spam to be delivered to any of Pro X
Hosting’s services or customers.In addition, e-mail sent, or caused to be
sent, to or through Pro X Hosting’s services may not:
• use or contain invalid or forged headers;
• use or contain invalid or non-existent domain names;
• employ any technique to otherwise misrepresent, hide or obscure any information
in identifying the point of origin or the transmission path;
• use other means of deceptive addressing;
• use a third party's Internet domain name, or be relayed from or through
a third party's equipment, without permission of the third party;
• contain false or misleading information in the subject line or otherwise
contain false or misleading content;
• fail to comply with additional technical standards described below; otherwise
violate Pro X Hosting’s Terms of Use.Pro X Hosting does not authorize the
harvesting, mining or collection of e-mail addresses or other information.
Pro X Hosting does not permit or authorize others to use Pro X Hosting services
to collect, compile or obtain any information about its customers or subscribers,
including but not limited to client e-mail addresses, which are Pro X Hosting's
confidential and proprietary information. Use of Pro X Hosting services
is also subject to Pro X Hosting’s Terms and Conditions.Pro X Hosting does
not permit or authorize any attempt to use our Client Services in a manner
that could damage, disable, overburden or impair any aspect of any of our
Client Services, including the transmission of bulk e-mail whether to knowing
or unknowing recipients.If Pro X Hosting believes that unauthorized or improper
use is being made of any Pro X Hosting service, it may, without notice,
take such action as it, in its sole discretion, deems appropriate, including
blocking messages from a particular Internet domain, mail server or IP address.
Pro X Hosting may immediately terminate any account on any Pro X Hosting
server which it determines, in its sole discretion, is transmitting or is
otherwise connected with any e-mail that violates this policy. Further,
the perpetrator of said violation will be subject to a fine of NOT LESS
THAN $500.00 US Dollars. The penalty may be significantly higher depending
on the costs related to the incident. This penalty is to offset costs related
to:
• The time required to have the affected server removed from RBLs that it
may be added to,
• All penalties incurred by Pro X Hosting at our data center, as well as
any reconnection charges,
• Any downtime refunds offered to every customer on the Pro X Hosting server
that is affected by any outages due to the spam,
• Pro X Hosting's labor to deal with the spam and associated cleanup
• Nothing in this policy is intended to grant any right to transmit or send
e-mail to, or through, Pro X Hosting servers. Failure to enforce this policy
in every instance does not amount to a waiver of Pro X Hosting’s rights.
SERVER USE POLICY
Pro X Hosting hosting plans are to be used by the primary owner only. Clients
are not permitted to resell, store or give away web hosting services of
their web site to other parties, unless they have prior permission from
Pro X Hosting, or are using one of our Reseller Plans. Pro X Hosting reserves
the right to refuse service and / or access to its servers to anyone it
deems necessary. All services provided by Pro X Hosting may only be used
for lawful purposes. Transmission, storage, or presentation of any information,
data or material in violation of any USA or individual State laws will be
treated at the discretion of Pro X Hosting. This includes, but is not limited
to: copyrighted material, trademark, intellectual property, and material
we judge to be threatening or obscene. Also prohibited are sites that promote
any illegal activity or present content that may be damaging to Pro X Hosting
servers. Links to such materials are also prohibited. Any illegal activity,
including illegal adult content, links to illegal adult content web sites,
spamming, cracking or hacking will result in your site being shut down and
all your files deleted without warning. Adult content is not allowed. Pro
X Hosting does not support the use of third party mailing programs on our
clients accounts. We offer Horde for webmail purposes and Plesk as our main
mail server. As we cannot ascertain the security of these tools we must,
in the interest of the security of our shared environment, enforce an outright
ban on the use of third party mailing tools. We DO NOT allow Internet-Relay-Chat
("IRC"), IRC bots, or anything related to IRC on our servers.
Pro X Hosting also will not allow the use of FTP dumps, public upload scripts,
or proxy related web sites on its servers. Pro X Hosting will be the sole
arbiter as to what constitutes a violation of this provision.
HIGH RESOURCE USER POLICY
Resources are defined as cpu/memory utilization and/or resource manipulation.
Pro X Hosting's servers represent a production web environment. Pro X Hosting
will not tolerate the use these servers as a scripting test environment.
When a web site is found to be monopolizing the resources available, Pro
X Hosting reserves the right to suspend or terminate that account immediately.
Pro X Hosting may implement this policy at its sole discretion.
BACKUP POLICIES
All account data backups are the account holder's responsibility. Pro X
Hosting is NOT responsible for your data backup or subsequent loss. We recommend
purchasing a dedicated server with redundant drives for mission critical
web sites or systems that require absolute redundancy.
RESELLERS & SERVER OWNERS
As a reseller/server owner client at Pro X Hosting you are solely responsible
for the actions of your clients. Resllers/Server owner and their clients
are also subject to Pro X Hosting's Terms and Conditions. If a reseller
or client of a reseller is found to be violating these Terms and Conditions,
Pro X Hosting reserves the right to suspend/terminate an account at its
sole discretion.
PAYMENT POLICIES
All accounts must pay on the due date set, if your payment fails then your
account will be suspended, and a email will be sent to you, if payment is
not then received in 2 days you will be charged $15 extra fee on top of
your payment. If payment still dose not come your account will be terminated
and we are not responsible for any data loss.
CANCELLATION AND REFUNDS
Pro X Hosting's reserves the right to cancel a client's account at any time,
if it is found that the client contravened Pro X Hosting's Terms and Conditions
in any way. The client's account will be terminated immediately, and a refund
will NOT be provided. Pro X Hosting also does not have to provide the
client with a backup of data. Clients may cancel their account at any time.
We do not provide pro-rata refunds. We also cannot and will not provide
refunds for any non-service related issues. We only refund shared &
reseller hosting within 7 days, you must email us 2 days before you are
going to cancel. We do not refund servers.
Charges
Pro X Hosting may charge you at any time if you are found hosting illegal
files, we will charge no less then $100.00 like wise if you are found violation
of this tos then we will charge you no less then $100
Other Information
ProXHosting is not responsible for any downtime for our servers, by this we will not pay for any loss of your data/money or any other. If there is a downtime we do apologize but we do not take responsibility for this. If you have anyquestions about this please contact us.
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