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Terms Of Service (TOS)
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New Accounts
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All
new web hosting accounts purchased on our order page are set up as soon
as we get your information and payment. You will receive an
email including your login details after we have set your account up.
If for some reason your new account is not created or created
incorrectly, please contact us as soon as possible so that we can look
into it. Please remember that Domain Names can take anywhere from 24-72
hours to update all of the name servers in the world, so your Domain
name might not work right away.
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Domain Names, Domain Transfers
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In
order for your Domain name to point to the server your new account is
on, you must change your DNS (Domain Name Servers) at your registrar.
Please set your DNS to ns1.hostingservicepros.net and
ns2.hostingservicepros.net
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Payments
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When
you subscribe to our services, you are subscribing to a pre-paid
service. All payments will be charges to an approved visa, mastercard,
or paypal. Renewal notices will be sent via Email 7 days before the
renewal date. Accounts 7 days past due will be suspended, and all
accounts 14 days past due will be terminated. We only accept credit
cards, debit (check) cards, through paypal for payment of services.
Please contact us with any questions regarding payments.
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Overage Charges
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Our
service plans are designed to accommodate the majority of usage
scenarios given the needs of our customers. However, your usage may
vary and require additional allocations, specifically in the areas of
storage and traffic. We will never charge your card automatically if
your account requires more resources. You must keep your email address
updated within your cpanel, so that you may receive an email when your
account reaches certain limits determined solely by our system, ie.
bandwidth exceedment warning at 80% at which time you may contact us to
purchase a higher transfer quota for your account. If you do not
contact us, the system will suspend your site if your allotments
exceed.
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Refunds
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If,
for any reason, Hosting Service Pros fails to deliver said services a
prorated refund will be issued. No refunds will be issued if abuse of
our stated policies forces Hosting Service Pros to suspend or terminate
your services prematurely.
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Content
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Hosting
Service Pros believes in freedom of speech; however, any content
(written, visual, or implied) in the following areas will not be
tolerated and is grounds for immediate termination of service: racism
or prejudice do to color, creed or belief; profanity or obscene
language towards anyone but yourself; any content not suitable for minors.
We prefer that you self-govern your content and are responsible as to
what your website provides. We do not have the resources and time
needed to govern our servers constantly which have growing and evolving
content. However, if Hosting Service Pros is made aware of any
questionable content on a Hosting Service Pros hosted site, we will
address the concerns directly to you and seek an amiable resolution.
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Opt-in Email Marketing
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If
you choose to engage in marketing your site and/or services via email
heed the following: The only permitted form of email marketing is that
in which the list is "opt-in" by definition, opt-in is where people
provide you with their email address specifically requesting to be on
your email list for information about your site and/or service. If we
find your account transmitting email to persons that did not authorize
such activity, that is grounds to suspend and terminate your site.
Note: on the flipside, the joining of an opt-in email list does not
guarantee the legitimacy of such a list. Please contact us before
taking any steps so that you will not be a victim of spam from second
hand and third parties of such lists.
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UCE, UBE, Spam
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Hosting
Service Pros has a zero tolerance policy regarding unsolicited
commercial Email (UCE), and unsolicited bulk email (UBE) also known as
"spam". Spam is the act of sending unsolicited email. You will be cited
with UCE/UBE abuse if you send any email to persons who have not
specifically asked to receive email from you. The sending origin of
such email is irrelevant. If your Hosting Service Pros hosted site is
referenced in any way within such an email, then you will be cited for
UCE/UBE. Upon confirmation of abuse, any Hosting Service Pros Hosting
customer engaging in this practice will have their service suspended
and terminated immediately without refund. Not only does spam place a
strain on the server that can negatively effect that server's uptime
record and performance record, you subject that server to be
blacklisted. Liabilities ~ Hosting Service Pros makes no endorsement,
claims, or promises regarding the services offered by our customers and
will not be held liable for any disputes or claims against said
customers. In no event shall Hosting Service Pros be liable for any
direct, indirect, incidental, consequential, special and exemplary
damages, or any damages whatsoever, arising from the use or performance
of this website or from any information, services or products provided
through your website. We are not responsible for any content on any
server in our network and will not take any action against any
questionable material or action until the website in question is
brought to our attention by contacting us.
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Acceptable Use Policy (AUP)
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Hosting
Service Pros is dedicated to providing top quality service at a very
affordable price. The conditions which follow are necessary to ensure
that we may continue to provide the best possible service to all of our
customers whilst at the same time satisfying our legal and ethical
responsibilities.
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Failure
to follow any condition will be grounds for immediate account
deactivation without notice. Hosting Service Pros will be the sole
arbiter as to what constitutes a violation of any of these provisions.
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Activity
which results in the suspension or deactivation of an account will
result in a forfeiture of all fees paid. Complaints made regarding
abuses of an account will be investigated and if found guilty will be
grounds for immediate suspension.
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To report suspected abuses or any violations of these policies, please contact us.
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Illegal Usage
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Hosting
Service Pros 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 is
prohibited. This includes, but is not limited to: copyrighted material,
trademark, trade secret or other intellectual property right used
without proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: Pirated software, Hackers
programs or archives, Warez sites, Mp3, and IRC bots. The subscriber to
Hosting Service Pros Service agrees to indemnify and hold harmless
Hosting Service Pros from any claims resulting from the use of the
service that damages the subscriber or any other party. Hosting Service
Pros will be the sole arbiter as to what constitutes a violation of
this provision.
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Illegal Content
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Hosting
Service Pros does not allow background Daemons such as IRC bots;
eggdrop; BitchX; XiRCON; and any other program that interferes with
normal server operation. No warez is allowed. Web proxies are not
tolerated. This includes NPH-Proxy, and web proxy. If your site is
found to hold any proxy files, your account will be suspended and the
account holder will be issued a fee of $50 USD. When using an account
with shell, you are not allowed to run ANY servers or services on the
Hosting Service Pros network. Servers are defined as perlbots, proxies,
BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc.
Running any of these will face an immediate suspension, and users will
be subject to a fine no less than $50.00 USD, and no more than $100.00
USD. Hosting Service Pros reserves the right to terminate an account
for these activities also.
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Software Distribution
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| Hosting
Service Pros hosting accounts are not to be used for the purposes of
distributing downloadable software and downloadable multimedia
products. If you wish to distribute software and/or multimedia files,
please contact us for special arrangement. Making and selling clip art,
graphics, web sets, country graphics, etc.. is perfectly fine. |
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File Usage and Storage
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| Hosting
Service Pros accounts are not to be used for the purposes of
distributing and/or storing an unusual amount of files. We are a web
hosting company, not a remote file storage company. Any web site whose
disk space usage for storing the files exceed 70% of its total usage,
either in terms of total size or number of files, will be deemed to be
using unusual amount of files. At that point, if we find that those
files are illegal or harmful in any way, you will be notified. If you
do not have any negative intentions such as causing harm to our server
or to others with the files you keep, then you have nothing to worry
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IRC
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| Hosting Service Pros does not allow IRC or IRC bots to be operated on our servers. |
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Security
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SECURITY
Users are prohibited from violating or attempting to violate the
security of the Hosting Service Pros Network. Violations of system or
network security may result in civil or criminal liability. Hosting
Service Pros will investigate occurrences, which may involve
cooperation with law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include, without
limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
2) Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
3) Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
5) Taking any action in order to obtain services to which such User is not entitled.
6) Attempting to couple many hosting packages together to take
advantage of massive space or bandwidth allocations.
Each
hosting package purchased is unique to a domain name and use - you are
not allowed to purchase multiple plans to obtain combined bandwidth
& space. Hosting Service Pros will stop such transactions and label
them as deceptive. We have an upgrade path for all services and we can
often times work out special deals for users if they ask us for the
assistance.
Violations
of system or network security are prohibited, and may result in
criminal and civil liability. Examples include, but are not limited to
the following:
Unauthorized access, use, probe, or scan of a
systems security or authentication measures, data or traffic.
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.
SERVER ABUSE
Any attempts to undermine or cause harm to a Hosting Service Pros
server or customer of Hosting Service Pros is strictly prohibited. Any
sub-networks of Hosting Service Pros and dedicated servers must adhere
to the above policies. The failure to meet or follow any of the above
guidelines are grounds for account deactivation. We reserve the right
to remove any account without prior notice.
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Client Responsibility
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client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. The client
assumes responsibility for all material on their site that may be put
on by a third party (such as the usage of Free For All links pages).
Use of Hosting Service Pros's service requires a certain level of
knowledge in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated use and
desired content of the web space by the client. The following examples
are offered: Web Publishing: requires knowledge of HTML, properly
locating and linking documents, FTPing Web contents, Graphics, text,
sound, image mapping, etc. FrontPage web publishing: knowledge of the
FrontPage tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR &
GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of
mail clients to receive and send mail, etc. The client agrees that he
or she has the necessary knowledge to create and maintain their web
space. Client agrees that it is not the responsibility of Hosting
Service Pros to provide this knowledge or support outside matter
specific to Hosting Service Pros servers. |
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Backups
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| Hosting
Service Pros takes extreme steps to maintain system integrity. However,
Hosting Service Pros shall not be held responsible for loss of data due
to any cause. To ensure the highest level of data protection, Hosting
Service Pros recommends that ALL information be backed up on your own
computer. As with any data that you hold a high importance to, it
should be in more than one location at all times. All Hosting Service
Pros data backups are designed against hardware failure not customer
user error. |
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Actions Taken
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| The
failure by a customer to meet or follow any of the above policies/terms
is grounds for account deactivation. Hosting Service Pros will be the
sole arbiter as to what constitutes a violation of the AUP. Hosting
Service Pros reserves the right to remove any account without prior
notice. |
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Hosting Service Pros becomes aware of an alleged violation of its AUP,
Hosting Service Pros will initiate an investigation. During the
investigation, Hosting Service Pros may restrict a customer's access in
order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Hosting Service Pros 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, Hosting Service Pros will notify the appropriate law
enforcement authorities of such violation. |
| Failure
to follow any condition will be grounds for immediate account
deactivation without notice. Hosting Service Pros will be the sole
arbiter as to what constitutes a violation of any of these provisions. |
| Hosting Service Pros does not issue credits for outages incurred through service disablement resulting from AUP violations. |
| Hosting
Service Pros customers agree to indemnify and hold harmless Hosting
Service Pros from any claims resulting from the use of our services
that damages them or any other party. The Hosting Service Pros 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. Hosting Service Pros expressly disclaims any
representation or warranty that the Hosting Service Pros service will
be error-free, secure or uninterrupted. No oral advice or written
information given by Hosting Service Pros, its employees, licensors or
the like, will create a warranty; nor may you rely on any such
information or advice. Hosting Service Pros 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. |
| MODIFICATION
Hosting Service Pros reserves the right to add, delete, or modify any
provision of this policy at any time without notice. |
REFUSAL OF SERVICE We reserve the right to refuse, cancel, or suspend service at our sole discretion.
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| Online
problems occur continuously. There might come a time when you cannot
access your website or any other service. This is not necessarily due
to Hosting Service Pros. Perhaps your ISP is experiencing technical
difficulties, or there might be a routing problem between your ISP and
the data center utilized and maintained by Hosting Service Pros, making
communication difficult or impossible. We cannot bear the
responsibility of such problems. Our monitoring agents determine the
uptime of our service, and not any one client's experience. DEDICATED
SERVER RESTORE Hosting Service Pros is not responsible for the
restoration of data to server. We strongly recommend that your purchase
backup options for your server, and keep copies of your data off-site
with you for emergency purposes. If hardware failure and data loss
occur, you the client, are responsible for data restoration. Hosting
Service Pros shall not be liable for loss of data under any
circumstance. |
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Company News
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