All users of Pronet Hosting’s services, and all customers upon signing up for Pronet Hosting’s services, agree to comply with Pronet Hosting’s Terms of Service (”TOS”). The TOS is to ensure customers that are using Pronet Hosting’s services with due regard to the rights of other Internet users and in conformity with the requirements of Pronet Hosting’s network environment. The TOS are not exhaustive and Pronet Hosting reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.pronethosting.net or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to our support staff.
Except when expressly agreed to the contrary in writing by an authorized representative of Pronet Hosting, this TOS supersedes any other agreement with Pronet Hosting, whether written, oral, by conduct, or otherwise.
The following Terms of Service apply only to Pronet Hosting’s Web Hosting customers, and supplement the terms in sections C and D that apply to all Pronet Hosting customers:
Any Web site that uses an extremely high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. Pronet Hosting will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Pronet Hosting’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Pronet Hosting server, and selling or distributing software (on a Web site residing on a Pronet Hosting server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Pronet Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Pronet Hosting does not permit CGI script sharing with domains not hosted by Pronet Hosting or any scripts that may be abused for UCE purposes.
Pronet Hosting may request addition information from customers to verify their identity. Pronet Hosting reserves the right to determine, in its sole and absolute discretion, what information is required to validate a customers identity.
Pronet Hosting takes our customers security very seriously. Our Linux-based hosting services offer the ability to use Shell / SSH access. This access is enabled by request of the customer after the order has been completely created. In order to request shell / ssh access to be enabled on your account, you will need to create a support request and supply a scanned copy of the following item to verify your identity:
Your information, privacy, and security is our top priority. We have taken extreme measures to become Truste Certified. During the verification process, Truste reviews our company policies and processes to make sure they adhere to their strict policies. Furthermore, we are reviewed every 3 months to make sure we continue to offer the most secure, private environment and processes as possible.
Pronet Hosting does not allow Web Hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Pronet Hosting provides Java chat rooms that meet most users’ needs and run without hindering system performance.
Pronet Hosting may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Pronet Hosting so that we can arrange set-up.
Pronet Hosting does not allow IRC or IRC bots to be operated by Web Hosting customers.
Pronet Hosting’s Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales department to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. Pronet Hosting Web Hosting accounts are not to be used for the purposes of distributing and storing unusual large amounts of multimedia files. Any Web site must link to at least 80% of stored multimedia files.
Any database stored on Pronet Hosting’s Web Hosting servers will be limited in size to 10% of the total disk space used for that particular hosting account.
The following Terms of Service apply to ALL Pronet Hosting customers:
Pronet Hosting’s services include, but are not limited to:
The legal owner of customers’ Web sites and accounts with Pronet Hosting will be the individual or organization whose name is listed in Pronet Hosting’s database as the owner. Customers will fully cooperate with and abide by any and all of Pronet Hosting’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Pronet Hosting.
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 6 consecutive months or more shall be deemed abandoned and Pronet Hosting shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).
At least 2 weeks in advance, Pronet Hosting shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.
Pronet Hosting has the right to delete all content stored in any of customer’s spam folders or email accounts for 60 days or more.
Please see our Support Statement. Click here to see the Support Statement.
Pronet Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Pronet Hosting services, all Pronet Hosting customers certify that they and/or the organization they represent in procuring services from Pronet Hosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ’suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Pronet Hosting’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Pronet Hosting server, and selling or distributing software (on a Web site residing on a Pronet Hosting server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Pronet Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: 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 without express 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; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, denial of service attacks (weather incoming or outgoing). In addition to the above mentioned items, abuse is also considered when more then 50% of the usage of a server at any given time is consumed by a individual account.
Any account that are terminated due to abuse are not eligible for any refund, full or partial, unless the account is within the standard refund policy. Any refund that is offered is strictly the decision of the administration.
Use of Pronet Hosting’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 Pronet Hosting’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Using your web hosting account as a backup/storage device is not permitted, with the exception of one cPanel and/or Plesk backup of the same account. You may only have 1 online backup for your PUBLIC HTML directory only. The backup may not exceed more then 5GB.
Examples of unacceptable material on all hosting accounts include, but not limited to, are:
* Torrent Software
* Torrent data / files / materials
* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* 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 Sites
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented 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
Unless otherwise specified, only new customers qualify for any promotional pricing and limitations. Additionally, promotional offers are only good for 1 order per customer. Customer may purchase additional services at regular price. Customers may not open multiple accounts with similar or identical billing information to gain discounted rates for promotions.
Free domain names may only be redeemed during the first 30 days after the initial purchase.
Unless otherwise specified, Pronet Hosting may, at its sole discretion, determine software or actions that are deemed server, network, or other abuse. We may take any actions necessary to remedy the abuse.
The following Terms of Service constitute Pronet Hosting’s Billing Policy and apply to ALL Pronet Hosting customers:
All charges are shown in US Dollars. Payments are to be made in US dollars. Pronet Hosting accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Pronet Hosting your credit card information, you authorize Pronet Hosting to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Pronet Hosting’s Billing Policy in the TOS. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Pronet Hosting will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Pronet Hosting, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (5) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
The minimum monthly payment for any account will be $4.95 per month for the customers web hosting package. If any customer has a monthly billing setup on their account that is less then this amount, they will automatically be converted to annual billing based on their monthly payment amount. The structure will work as “Monthly billing amount” x 12 = 1 time annual payment.
In order to insure uninterrupted service to your website, all plans will automatically renew 5 days prior to the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation policy.
Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Pronet Hosting that you would like to cancel your account.
Pronet Hosting does not mail paper invoices or statements. Statements can be viewed and printed through the client area.
Certain actions or requests require additional fees.
Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must contact Pronet Hosting’s customer service team. Pronet Hosting’s customer service team will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Please contact our customer service team through the support area of our website by creating a cancellation support ticket.
Cancellation requests must be received by Pronet Hosting a minimum of minimum of ten (10) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Pronet Hosting. Pronet Hosting is unable to cancel your account effective for a future date. Pronet Hosting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Pronet Hosting as soon as possible.
Pronet Hosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Pronet Hosting’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Pronet Hosting Corporation reserves the right to cancel any account, at any time, without notice, for any reason Pronet Hosting considers appropriate.
If you wish to cancel your service, please fill out the following form:
https://www.pronethosting.net/cancelation.php
If you are unsatisfied with your Pronet Hosting service for any reason, we will gladly refund your account. The thirty (30) day money back guarantee starts from the date of the purchase as reflected on your receipt/invoice.
The money back guarantee does NOT apply to domain registrations, setup fees, or to products combined in one accounts (domain name and hosting), it ONLY applies to hosting packages. Domain names are like property, once we have registered them for you, we can not undo the registration hence we cant offer a refund for them, this also applies to names registered incorrectly as a result of your having made a mistake during the sign-up process. Please make sure you check the name you have filled in before you proceed to make payment. If you received a domain name for free with your hosting package, and cancel your account, a $10.95 fee will be applied to compensate for the price of the domain name registration. If you request a money-back guarantee for an account that received free setup, a charge of $29.95 will be applied on to your account.
In order to qualify for the money back guarantee, you must submit your request within the initial thirty (30) days of your account to our support staff.
Refunds are only available in accordance with the Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after the terms of the Money Back Guarantee policy.
Pronet Hosting’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
The Digital Millennium Copyright Act (”DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Pronet Hosting customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Pronet Hosting customer (per the DMCA) to Pronet Hosting must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Pronet Hosting’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
Pronet Hosting is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Pronet Hosting will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that Pronet Hosting must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Pronet Hosting may do so by disabling access to your entire web site.
DMCA Counter Notification Requirements:
The use of Pronet Hosting’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Pronet Hosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Pronet Hosting is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Pronet Hosting urges its customers to assume that all of their on-line communications are insecure. Pronet Hosting cannot take any responsibility for the security of information transmitted over Pronet Hosting’s facilities. Additional details on privacy and Pronet Hosting’s use of customer information can be found in Pronet Hosting’s Privacy Statement.
Customers are required to use the Pronet Hosting network responsibly. This includes respecting the other customers of Pronet Hosting. Pronet Hosting reserves the right to suspend and/or cancel service with any customer who uses the Pronet Hosting network in such a way that adversely affects other Pronet Hosting customers. While Pronet Hosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Pronet Hosting does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when Pronet Hosting becomes aware of any violation of the TOS or other user agreements, Pronet Hosting may take any action to stop or correct such violation, including, but not limited to, denying access to Pronet Hosting’s services and equipment or to the Internet. In addition, Pronet Hosting may take action against a customer or a customer of such customer because of the activities of such customer. Pronet Hosting anticipates that customers who offer Internet services will cooperate with Pronet Hosting in any corrective or preventive action that Pronet Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Pronet Hosting policy and Pronet Hosting reserves the right to take any such action even though such action may affect other customers of the Pronet Hosting customer.
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Pronet Hosting will be the sole arbiter as to what constitutes a violation of the TOS. Pronet Hosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Pronet Hosting becomes aware of an alleged violation of its TOS, Pronet Hosting will initiate an investigation. During the investigation, Pronet Hosting may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Pronet Hosting may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Pronet Hosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Pronet Hosting does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Pronet Hosting.
Pronet Hosting customers agree to protect, defend, hold harmless, and indemnify Pronet Hosting, any third party entity related to Pronet Hosting (including, without limitation, third party vendors), and Pronet Hosting’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Pronet Hosting’s services.
The Pronet Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Pronet Hosting expressly disclaims any representation or warranty that the Pronet Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by Pronet Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Pronet Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Pronet Hosting may immediately terminate provision of Pronet Hosting’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Pronet Hosting in such event.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL PRONET HOSTING (INCLUDING, WITHOUT LIMITATION, PRONET HOSTING’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING PRONET HOSTING’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR PRONET HOSTING SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY PRONET HOSTING SERVICES EVEN IF PRONET HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRONET HOSTING’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR PRONET HOSTING’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY PRONET HOSTING OR PRONET HOSTING’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Pronet Hosting may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Pronet Hosting’s services. Certain changes to Pronet Hosting’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Pronet Hosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by Pronet Hosting.
Customers are solely and entirely responsible for their data and backup of their data, and Pronet Hosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Pronet Hosting services.
For its own operational efficiencies and purposes, Pronet Hosting from time to time backs up data on its servers, but is under no obligation or duty to customers to do so under these Terms. IT IS SOLELY CUSTOMERS’S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMERS FILES AND DATA ON PRONET HOSTING SERVERS, AND under no circumstance will Pronet Hosting be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customers FILES AND/or data on any Pronet Hosting server.
Pronet Hosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Pronet Hosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Pronet Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Pronet Hosting liable in any way for the revocation of any license, which has been licensed to Pronet Hosting. The use of the Technologies obtained from or through Pronet Hosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Pronet Hosting products by Pronet Hosting, its employees, or any third party entity related to Pronet Hosting is for information purposes only and does not constitute an endorsement or recommendation by Pronet Hosting. Pronet Hosting disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Pronet Hosting products or services.
Customers will not, without Pronet Hosting’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Pronet Hosting’s Web site, and customers will not use any of Pronet Hosting’s trademarks, service marks, copyrighted materials, or other intellectual property without Pronet Hosting’s express written consent. Customers will not, in any way, misrepresent their relationship with Pronet Hosting, attempt to pass themselves off as Pronet Hosting, or claim that customers are Pronet Hosting.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Pronet Hosting’s services, either in whole or in part, without the prior written consent of Pronet Hosting.
Pronet Hosting customers must be at least 18 years of age. Any individual under the age of 18 years (”Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a Pronet Hosting customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Pronet Hosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Pronet Hosting’s express written consent to the contrary. Any acceptance of the TOS or any other agreement for Pronet Hosting’s services will be deemed null and void to the extent that Pronet Hosting will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Pronet Hosting’s services.
The TOS, and any other agreement for Pronet Hosting services, will be governed by and construed in accordance with the laws of the State of California, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Pronet Hosting will take place in California, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Pronet Hosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Pronet Hosting will not be liable for delays in its performance of the TOS or Pronet Hosting services caused by circumstances beyond Pronet Hosting’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Pronet Hosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due .Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Pronet Hosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Pronet Hosting.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Pronet Hosting and its customers. Each of Pronet Hosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
The TOS, and/or any other specific agreement for Pronet Hosting services, constitutes the complete understanding and agreement between Pronet Hosting and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Pronet Hosting, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Pronet Hosting services is between Pronet Hosting and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Pronet Hosting.
You agree that certain services may be provided by third party providers of Pronet Hosting and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Pronet Hosting or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Pronet Hosting provides the particular Proxy Services, then Pronet Hosting reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
Pronet Hosting reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Pronet Hosting’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Pronet Hosting as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
Address:
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