Last updated: September 23, 2020

Terms of Service Agreement

The use of services from ProResellerHost, LLC, [hereafter referred to as “ProResellerHost”] constitutes agreement to these terms. You may view our Privacy Policy here.

Account Setup / Email on file

We will set up your account if the order passes our fraud checking, you have made payment through one of our payment processors, and we have received payment. It is your responsibility to provide us with an email address that is not at the domain(s) you are signing up. If there is ever an abuse issue or we need to contact you, the primary email address on file is used for this purpose. It is your responsibility to ensure the email address on file is current and up to date at all times. If you have a domain name registered with ProResellerHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. ProResellerHost is not responsible for a lapsed registration due to outdated contact information that is associated with the domain. If you need to verify or change this information, you should contact us via email or through the ticketing support system. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent and be denied.

Transfers

  1. Our support team will make every effort to help you move your site to us. However, we provide transfers as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. We will try our best, but in some sporadic cases, we may be unable to assist you in a transfer of data from an old host.
  2. The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your last company was running a non-standard control panel, there could be a migration fee.

Content

  1. All services provided by ProResellerHost may only be used for lawful purposes. The laws of the State of Pennsylvania and the United States of America apply.
  2. The customer agrees to indemnify and hold harmless ProResellerHost from any claims resulting from the use of our services.
  3. The use of our services to infringe upon any copyright or trademark is prohibited. This prohibition includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to violate another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be reprimanded, up to and including terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please contact us with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.
  4. Examples of unacceptable material on all hosting plans include:
    • IRC Scripts/Bots
    • Proxy Scripts/Anonymizers
    • Pirated Software/Warez (Linking to pirated software is also not allowed.)
    • AutoSurf/PTC/PTS/PPC sites or ad server script/banner campaign scripts
    • I.P. Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • File Dump/Mirror Scripts (similar to RapidShare)
    • Commercial Audio Streaming (more than one or two streams)
    • Escrow/Bank Debentures
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    • Sale of any controlled substance without prior proof of appropriate permit(s)
    • Prime Banks Programs
    • Lottery/Gambling Sites
    • MUDs/RPGs/PBBGs
    • Hacker focused sites/archives/programs
    • Sites promoting illegal activities
    • Forums and/or websites that distribute or link to warez/pirated/illegal content
    • Bank Debentures/Bank Debenture Trading Programs
    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    • Mailer Pro
    • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
    • Tell A Friend Scripts
  5. Examples of unacceptable material on all Dedicated servers include, but not limited to:
    • IRCD (IRC servers)
    • IRC Scripts/Bots
    • Pirated Software/Warez
    • I.P. Scanners
    • Bruteforce Programs/Scripts/Applications
    • Mail Bombers/Spam Scripts
    • Escrow
    • High-Yield Interest Programs (HYIP) or Related Sites
    • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,
    • MLM/Pyramid Scheme)
    • Sale of any controlled substance without prior proof of appropriate permit(s)
    • Prime Banks Programs
    • Lottery/Gambling Sites
    • Hacker focused sites/archives/programs
    • Sites promoting illegal activities
    • Forums and/or websites that distribute or link to warez/pirated/illegal content
    • Bank Debentures/Bank Debenture Trading Programs
    • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    • Mailer Pro
    • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
  6. ProResellerHost services, including all related equipment, networks, and network devices, are provided only for authorized customer use. ProResellerHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. The use of ProResellerHost system(s) constitutes consent to monitoring for these purposes.
  7. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. ProResellerHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
  8. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
  9. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
  10. Sites hosted on ProResellerHost’s service(s) are regulated only by U.S. law. Given this fact, and according to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. ProResellerHost is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
  11. The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like ProResellerHost and many of ProResellerHost’s other web hosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user, which creates or publishes the content. Therefore, ProResellerHost should not be held liable for any allegedly defamatory, offensive, or harassing content posted on sites hosted under ProResellerHost’s web hosting service(s).
  12. If in doubt regarding the acceptability of your site or service, please contact us, and we will be happy to assist you.
  13. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography
  14. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice.
  15. Violations will be reported to the FBI.
  16. It is your responsibility to ensure that scripts/programs installed under your account are secure, and permissions of directories are set correctly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be vulnerable, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

  1. We take a zero-tolerance stance against the sending of unsolicited email, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated without any refund and any notice. Even if the account sends spam within the first month of starting service with us, the account will be terminated without a refund.
  2. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our I.P. space being blacklisted will be immediately suspended and/or terminated.
  3. ProResellerHost reserves the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
  4. ProResellerHost reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of ProResellerHost.

Payment Information

  1. You agree to supply appropriate payment for the services received from ProResellerHost, in advance of the time during which such services are provided. You agree that until and unless you notify ProResellerHost of your desire to cancel any or all services received, those services will be billed regularly.
  2. Cancellations must be made online; you can cancel your hosting account or domain account by contacting us via email or by submitting a ticket.
  3. As a client of ProResellerHost, it is your responsibility to ensure that your payment information is up to date, and all invoices are paid on time. You agree that until and unless you notify ProResellerHost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by ProResellerHost. ProResellerHost reserves the right to bill your credit card or billing information on file with us. ProResellerHost provides a 14 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 14 days and not paid will result in a late fee and/or an account suspension until the account balance has been paid in full. The late fee is applied in addition to whatever else is owed to ProResellerHost for services rendered. Access to the account will not be restored until payment has been received.
  4. Domain renewals are billed and renewed seven days before the renew date. No refunds can be given once a domain is renewed. All domain registrations and renewals are final.
  5. Accounts that are 30 days past due will be automatically deleted from our servers; if you wish to activate an account over 30 days past due, there will be a $25.00 fee to restore your account from backups (if available). Any special pricing you had on your old account will not transfer to the new account; all new accounts will pay current prices on our website.
  6. Any chargebacks against ProResellerHost will occur a $150 chargeback fee.

Backups and Data Loss

  1. Your use of our backup service is at your own sole risk. Our backup service runs many times per week, overwrites any of our previous backups made, and multiple backups are kept (daily, weekly, monthly, etc.). This service is provided to you as a courtesy. ProResellerHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain your backup of files and data stored on ProResellerHost servers. In certain circumstances, we have discovered that some websites do not generate backup files properly on the ProResellerHost servers. This is usually the result of having unusual file permissions on your data. If this happens, ProResellerHost will not be responsible for your backups. We strongly urge clients to download their backup files in case this situation arises.
  2. ProResellerHost’s multiple remote backups are a free bonus that we provide to all customers. We cannot guarantee the integrity of your data. While we will make every effort to protect your data, we make no guarantees and will not be held accountable if there is a problem with the integrity of your backup files.

Cancellations and Refunds

  1. ProResellerHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services without a refund. Customers may cancel at any time by contacting us via email or our ticketing system. Alternatively, customers may submit a cancellation request for immediate or end of period cancellation. If you choose an immediate cancellation, your account(s) will be deleted from our systems. This deletion process is automatic. ProResellerHost gives you an initial 90-day money-back guarantee on our service plans.
  2. The 90-day money-back guarantee only applies during your first 30 days of our service with us. There are no refunds on dedicated servers, administrative fees, install fees for custom software, dedicated I.P.s, or domain name purchases. Only first-time accounts are eligible for our money-back guarantee. For example, if you’ve had an account with us before, canceled and signed up again, you will not qualify for a refund or if you have opened a second account with us. After the initial 30 days (your first 30 days of service), no refunds will be issued. If you’ve set up an automatic payment subscription through Paypal, it can only be canceled by you. If you do not cancel your automatic payment subscription, we will not be responsible for it, and you will not be entitled to a refund. This is strictly under our client’s control, and we will not be liable for your subscriptions. Violations of the Terms of Service will waive the refund policy.

Resource Usage

Users may not:

  1. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any daemons, such as IRCD.
  2. Run any web spider or indexer (including Google Cash / AdSpy) on all hosting plans.
  3. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  4. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
  5. Participate in any file-sharing/peer-to-peer activities
  6. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  7. Run cron entries with intervals of less than 5 minutes.
  8. Run any MySQL queries longer than 90 seconds. MySQL tables should be indexed appropriately.
  9. Connect their account to a remote database. In other words, if you are using any of our hosting plans, you must run your programs from a database located on our servers and not from any remote database.

Bandwidth Usage

  1. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account surpass the allotted amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
  2. ProResellerHost will not activate new orders or activate new packages for customers who have an outstanding balance with ProResellerHost. For a new order to be set up or a new package to be activated, you must have a balance of equal to or greater than $0.00, unless otherwise stated by ProResellerHost in writing.

Uptime Guarantee

If your server or your hosting has a physical downtime that is not within the 99.9% uptime, you may receive one month of credit on your account. Approval of the credit is at the discretion of ProResellerHost, dependent upon justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors, including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server, which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email or within our support ticketing system.

If you request a refund of your services, in line with our 90-day money-back guarantee, but have already requested a credit for downtime that your website incurred, your account will only be refunded up to the total amount of money that you have spent on website hosting services. ProResellerHost will not refund you more than what you have paid for the use of our services.

Resellers: Client Responsibility

Resellers are responsible for supporting their clients. ProResellerHost does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. ProResellerHost will hold any reseller responsible for any of their clients’ activities that violate the law or the terms of service.

Price Changes

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ProResellerHost, and the right to increase the amount of resources given to plans at any time.

Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department, and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold ProResellerHost harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against ProResellerHost, 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 ProResellerHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ProResellerHost; (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 ProResellerHost’s server.

Arbitration

By using any ProResellerHost services, you agree to submit to binding arbitration. If any disputes or claims arise against ProResellerHost or its subsidiaries, such disputes will be handled by an arbitrator of ProResellerHost’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Pennsylvania. Arbitrators shall be attorneys or retired judges and shall be appointed according to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer

ProResellerHost shall not be responsible for any damages your business may suffer. ProResellerHost makes no warranties of any kind, expressed or implied for services we provide. ProResellerHost disclaims any warranty or merchantability or fitness for a particular purpose. This disclaimer includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ProResellerHost and its employees.

Disclosure to law enforcement

ProResellerHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the Terms of Service

ProResellerHost reserves the right to revise its policies at any time without notice.

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