Acceptable Use Policy and Terms Of Service Agreement

Privacy for our customers is extremely important to us. We take your privacy seriously and we do not share your personal information with any Agreeing to prohostingcenter.com Acceptable Use Policy and Terms of Service is mandatory for Hosting signing up or using our services. Please make sure you read everything. The following rules apply to sites you host with prohostingcenter.com

Acceptable Use Policy

Introduction
During the term of its agreement with prohostingcenter.com, the customer must ensure that the use of any resource offered to the customer or owned or controlled by prohostingcenter.com ("Service") conforms with prohostingcenter.com's then current Acceptable Use Policy ("AUP"). prohostingcenter.com may modify, without prior notice, the AUP as prohostingcenter.com deems appropriate; such modified AUP is effective upon posting on prohostingcenter.com's website.

Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Responsibility
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.

Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities prohostingcenter.com deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:

Obscene Speech or Materials

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

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.

Violations will be reported to the appropriate law enforcement agency.

Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by prohostingcenter.com. prohostingcenter.com reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.

Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).

Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.

Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.

Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites.

Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Applications
Customer may not run any program or script on the server that runs constantly or 'listens' on ports unless provided in the control panel. This includes applications associated with chat services.

Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, 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 username 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 weak, we will notify you and allow time for you to change/update your password.

Customer Responsibilities

Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

Our mail policy and limits

Limits:

There is a 100 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with a undeliverable error.

Many of our servers have a 60 pop checks per hour limit per email address. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again, make sure to disable auto checking, or at least set it to something higher such as 10 minutes.

Any mailing list larger than 5,000 is not allowed on our servers. Please note that dividing one large list into smaller lists to get below this limit is not allowed.

Mailing Lists Rules:

1. Anytime you're sending a message, no matter how large your mailing list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle, you must switch to something else. We recommend phpList, which can be found in your control panel under Fantastico. If you do not throttle and you try sending, for example, 500 emails, the server will try sending all 500 in 1 second, which is not possible. This will cause the server load to go very high and the entire server will be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1 AM - 8 AM Eastern Time on Monday - Friday.

3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because the subscribers never agreed to you personally sending them mail. We do not care and how you justify it, this is spam and will result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in termination of the offending account. We have a zero tolerance policy regarding the sending of unsolicited e-mail.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read Our mail policy and limits above for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, 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 IP space being blacklisted will be immediately suspended and/or terminated.

Pro Hosting Center reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Pro Hosting Center reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Pro Hosting Center.

CPU Usage
Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Exceeding the CPU and Memory resources limits does not constitute grounds for suspension or termination however accounts that constantly exceed the limit on a regular basis may cause your account to be flagged for review.

INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

Service Resale
Customer may not resell the Service or any portion of the Service unless under a Reseller plan.

Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use.

Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

Content Ownership
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

Bandwidth Usage
You are allocated a unlimited bandwidth. The intention of prohostingcenter.com is to provide a large bandwidth to transfer web documents, and not an off site storage area for electronic files.

Free Email / Hosting Sites
We do not permit the free giving of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance).

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Pro Hosting Center 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'. Pro Hosting Center will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Customer Abuse

We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.

Cancellation and Refunds
We reserve the right to cancel the account at any time. Customers may cancel at any time. We give you an unconditional 60 days money back guarantee on managed shared hosting, and reseller solution's. We will honor Refund requests made within 60 days after 60 days all sales are final. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Money back Guarantee
On dedicated servers, and colocation no full refund will be honored, the 60 days money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

On the shared hosting there is a 60 days money back guarantee. (Pro Hosting Plan)

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

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

Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.

Disclosure to law enforcement

Pro Hosting Center 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.

AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, Oregon Business & Professional Code. prohostingcenter.com reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to the Service at any time for violating this AUP. prohostingcenter.com also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the Service or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, prohostingcenter.com reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, prohostingcenter.com, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. prohostingcenter.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary.

LIMITATION OF LIABILITY: prohostingcenter.com (prohostingcenter.com) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, prohostingcenter.com (prohostingcenter.com) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of prohostingcenter.com (prohostingcenter.com) servers. All damages shall be limited to the immediate termination of service. prohostingcenter.com (prohostingcenter.com) shall be the sole arbiter of what is and is not a violation of these acceptable use policies. prohostingcenter.com (prohostingcenter.com) reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. prohostingcenter.com (prohostingcenter.com ) reserves the right to delete all content and files upon termination. prohostingcenter.com (prohostingcenter.com) reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. prohostingcenter.com (prohostingcenter.com) reserves the right to refuse, cancel, or suspend service at our sole discretion. prohostingcenter.com (prohostingcenter.com) reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Changes to the TOS

Pro Hosting Center reserves the right to revise its policies at any time with or without notice.