Terms and Conditions of Service
All Users of services provided by Prolimehost, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
In providing its Internet Hosting service Prolimehost is required to meet a range of legal and ethical responsibilities. In the interests of its customers and of the service provided to them, Prolimehost also requires that they observe certain equally protective and beneficial standards of actions. These are outlined in the paragraphs below.
Terms & conditions are specified to ensure customers are using Prolimehost’s services with due regard to the rights of other Internet users and in conformity with the requirements of Prolimehost network environment. The terms & conditions are not exhaustive and Prolimehost reserves the right to add, delete, or modify any provision of its terms & conditions at any time without notice, effective upon either the posting of the modified terms & condition to Prolimehost or notification of the modified terms & conditions.
Please read these Terms and Conditions carefully before registering for this service. If you do not accept these terms, you may not access or otherwise use these services. Registration for or continued use of the web hosting facilities offered by Prolimehost indicates your acknowledgement that you have read and accepted these Terms and Conditions and that you agree to be bound by them. Prolimehost reserves the right to suspend or cancel a customer’s access to any or all services provided directly or indirectly by Prolimehost when we decide that these terms have been broken or intent of these conditions has been abused.
Term and Renewal
This Agreement will begin upon the date customer registers with Prolimehost and shall continue for the period set forth in the registration, unless earlier terminated according to the provisions below. This Agreement will continue automatically for additional terms equal to the Initial Term (each, a “Renewal Term”) unless either party provides notice at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as applicable, that it has elected not to renew the Agreement.
CGI , ASP, PHP Scripts
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI, ASP, PHP scripts you wish, however we reserve the right to disable any CGI, ASP, PHP script that affects normal shared server operation without warning. We Provide 30 Days Money Back Guarantee From The Date Of Joining. After 30 Days There wont Be Any Refund Available
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Prolimehost is strictly prohibited. Illegal use of other people's accounts or computers, Prolimehost will act on any attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (obtaining passwords by deception), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Prolimehost customer, whether or not the attacked account or computer belongs to Prolimehost, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.
Unsolicited commercial advertisements (spam) are not allowed, and will effect in account cancellation. Prolimehost takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not permitted:
1. Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning or refund.
2. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
3. Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
4. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through Prolimehost (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
IMPORTANT NOTE
Prolimehost has the right to discontinue service, or deny access to anyone who infringes our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined herein.
Customers may not run IRC, bots or customers on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, or anything else determined by Prolimehost to be unacceptable use of Prolimehost services including abuse of server resources.
Shared hosting accounts may be terminated if they contain or which have links to the following content:
1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
3. Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers) - must move to an adult server. Contact sales for more information.
4. Displaying material that exploits persons under 18 years of age
5. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
6. Warez sites.
System resources
The feature that limits the most for a shared web-hosting service is the system resource's allocation.
System resources are mainly CPU RAM, which are used by softwares and your websites.
pROLIMEHOST limits its aLL Webhosting customers to a 2% system resource usage. That is a maximum of 2% of the total system resources can be used by a single customer. That applies to all clients hosted on the same server.
If your account uses too many system resources, the technical team of Prolimehost will notify you.
These rules are written to prevent misuse of the Prolimehost offers (bandwidth, disk space and system resources) in order to give assure your entire satisfaction using the amazing Prolimehost web-hosting offers.
Unsolicited Email (Spam)
Any attempt to undermine or cause harm to a server, or customer, of Prolimehost is strictly prohibited. Unauthorized use of other people's accounts or computers Prolimehost will act on any attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (obtaining passwords by deception), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Prolimehost customer, whether or not the attacked account or computer belongs to Prolimehost, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.
Viruses and Other Destructive Activities
Use of Prolimehost’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Prolimehost’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Abuse of SMTP Mail Server
We do not allow customers to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day, your account will be moved to a special server that is specifically designed to handle high volumes of e-mail additional cost may be needed.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC
We do not allow IRC or IRC bots on our servers. You can however, install IRC clients on dedicated servers.
Payment Policies
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Prolimehost reserves the right to change prices at any time, unless other terms have been agreed. Any account not brought current within 7 days of e-mail/Invoice is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Prolimehost
Pricing Disputes Client must notify Prolimehost in writing of any disputed charges within 30 days of the date of the billing for such charges. If Client does not notify Prolimehost within that time period, Client has waived any right to dispute such amounts, either directly or indirectly or as a set-off, recoupment or defence in any action or efforts to collect amounts due to Prolimehost.
Suspension of Services, failure of Client to fully pay any fees when due may be deemed a material breach of this Agreement justifying suspension of the performance of Services to Client at Prolimehost sole option. Any such suspension of Services does not relieve Client from the obligation to pay all amounts due Prolimehost under this agreement for the remainder of the Initial Term or the then applicable renewal Term. In the event of a suspension of Services and upon a reactivation request by Client, Client shall pay Prolimehost a reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during Prolimehost’s regular business hours. Accounts not brought current in 30 days will be deleted.
Cancellation
Prolimehost reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Prolimehost if Prolimehost institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Network Security
Customers may not use the Prolimehost network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Prolimehost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Data Integrity
Although backups are taken weekly of parts of the Prolimehost servers for system integrity purposes, Prolimehost makes no commitment that it will maintain backup copies of its customers data. Prolimehost therefore recommends that customers make their own periodic copies of important data. Customers should also make their own web site recovery plans in case they are affected by system or component failure.
IP Address Ownership
Prolimehost shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Prolimehost and Prolimehost reserves, in its sole judgment, the right to change or remove any and all such IP numbers and addresses.
99.9% uptime guarantee
Prolimehost will make every reasonable effort to ensure the hosting service is available for 99.9% of the time during the entire duration of the billing period that applies to you. In the event of an extended downtime (except where the downtime is the result of factors outside the control of Hosing Reliance), you may contact Hosting Reliance and at our discretion request either credit on your next billing period or a partial refund for the down time (an example calculation could be "price of billing period/((minutes of downtime - 0.1% downtime allowance minutes in billing period)/entire duration of billing period)"). In any event, the total refund/credit shall not exceed the total price paid by you for the billing period in which the downtime occurred.
Supply of support services
Support services, including support for free software that may be included with your hosting service, will only be provided to you as the account holder. Your use of free support shall be to a reasonable standard. Prolimehost reserves the right to limit free access to support for any customers considered to be using it excessively, unless the support issue(s) involve a hosting problem requiring our assistance.
Reselling
You are not permitted to resell the Prolimehost’s service without the express permission of Prolimehost. Reselling of the Prolimehost‘s service will bring you into default unless otherwise agreed.
Indemnification
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
Copyright or trademark infringement
Use of the Prolimehost to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is strictly prohibited.
Matters beyond Prolimehost reasonable control
Prolimehost is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
