ProficientHost ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of PROFICIENTHOST' Service constitutes acceptance and agreement to PROFICIENTHOST' AUP as well as PROFICIENTHOST' TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of ProficientHost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Miami-Dade applicable to contracts enforceable in that state. Venue will be Miami-Dade County, Florida.
Specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ProficientHost shall have the right to terminate all service set forth in this Agreement.
ProficientHost, in its sole discretion shall have the right to terminate or suspend all services that are of and unacceptable nature. Example of content or scenarios that may warrant include but not limited to:
- A site set up to run as an open http proxy.
- Illegal or un-licensed software 'warez' download site(s).
- A hacked site or otherwise compromised site is discovered.
- Copyrighted material distributed without the Owner's consent.
- Large amount of unsolicited mail (SPAM) via SMTP service or mail script.
- Customer knowingly or unknowingly hosting/distributing child pornography.
- Running a bittorrent tracker for the purpose of distributing copyrighted material.
- An overextended use of scripts requiring the use of cron jobs which significantlly affects the servers performance; these scripts are sometimes referred to as content scrapper/auto bloggers
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including, but not limited to, rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by ProficientHost.
Payments and Fees
Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $7.00 late fee. Accounts that are not collectable by ProficientHost may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined below under cancellations.
Refund and Disputes
All payments to ProficientHost are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 45 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ProficientHost's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay ProficientHost an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
All requests for canceling accounts must be made by submitting in writing with at least 5 days notice but not more than 30 days prior written notice and sent to ProficientHost via trouble ticket through customers account area. You must include account name, server name and/or domain names in question to cancel.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts
All new hosting accounts involving new domains will be set up and entered into our DNS servers upon successfull payment/account activiation. Due to unforeseen complications, however, this process may sometimes require up to 2 business days.
Transfer of Domains
New hosting accounts which involve the transfer of a domain from another provider to ProficientHost will usually require a minimum of two (2) days to be effective and entered into our DNS servers. In some cases, such transfers may take up to seven (7) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
ProficientHost, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: ProficientHost provides support related to your server or virtual site physical functioning. ProficientHost may offer tech support for application specific issues such as CGI programming, html or any other such issue at PROFICIENTHOST' discretion but is not mandated. ProficientHost does not provide technical support for YOUR customers. If you can email, we encourage you to email or submit a trouble ticket for assistance. If you are able to get online and have other questions, the answers may be on our support pages located here - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
Any activity that results in an abuse complaint will result in immediate de-activation of the server. User agrees to allow access to the server to the PROFICIENTHOST staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for immediate account cancellation.
IP Address Ownership
If ProficientHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ProficientHost, and Customer shall have no right to use that Internet Protocol address except as permitted by ProficientHost in its sole discretion in connection with the Services, during the term of this Agreement. ProficientHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ProficientHost, and ProficientHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). ProficientHost will monitor Customer's bandwidth and disk usage. ProficientHost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ProficientHost's sole and absolute discretion.
If ProficientHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ProficientHost may, at its sole discretion, collect a deposit, in an amount determined by ProficientHost, against customer's credit card on file with ProficientHost.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the ProficientHost Network. Violations of system or network security may result in civil or criminal liability. ProficientHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- ProficientHost reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ProficientHost must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
ProficientHost wishes to emphasize that in agreeing to the ProficientHost Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies ProficientHost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to ProficientHost or the bringing of any claim against ProficientHost by any third-party. This means that if ProficientHost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ProficientHost, plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
ProficientHost takes no responsibility for any material input by others and not posted to the ProficientHost Network by ProficientHost. ProficientHost is not responsible for the content of any other websites linked to the ProficientHost Network; links are provided as Internet navigation tools only. ProficientHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
ProficientHost is not responsible for any damages your business may suffer. ProficientHost does not make implied or written warranties for any of our services. ProficientHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ProficientHost.
Responsibility for Content
You, as ProficientHost's customer, are solely responsible for the content stored on and served by your ProficientHost hardware.
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